Answer
If you feel you have mitigating circumstances or wish to challenge the alleged offence, it is your right to request a Court Hearing. You can do this by firstly completing Section A of the Notice of Intended Prosecution, admitting to being the owner/driver of the vehicle at the time of the alleged offence. Upon receipt of the signed admission, if appropriate a Conditional Offer of Fixed Penalty will be sent. Complete the relevant section of the form and return to CTO. In the following few weeks you will receive a Summons from the relevant Suffolk court outlining the case and evidence against you and giving a hearing date.
Answer
This will happen if:-
1. You fail to comply with Section 172 of the Road Traffic Act in not providing driver details within the 28 days allowed.
2. You admit the offence, qualify for Fixed Penalty payment, but do not furnish CTO with your payment and/or correct documents
3. You do not qualify for Fixed Penalty payment for the following reasons:
a. Your recorded speed is more than 20mph above a 30mph speed limit or 26mph above any other speed limit in force.
b. You currently have 9 or more points on your driving licence
You will receive a Summons from the relevant court outlining the case and evidence against you and giving a hearing date. At this stage you can plead guilty by post and do not have to appear on the day in question. If you wish to contest the alleged offence then you will need to send a not-guilty plea back to the court and attend the court date detailed.
Answer
In the court there will usually be a bench of three Magistrates, a Justices Clerk and the prosecuting lawyer. If you are found guilty by the bench you will be sentenced to a means related fine, Victim Surcharge and possibly costs. A fine can range from the same amount as the offer of fixed penalty, i.e. £60 and 3 points, up to £1000 and 6 penalty points on your driving licence. The Victim Surcharge is applied to all fines imposed by courts and is £15. Costs can vary significantly from case to case, but will be a minimum of £45. If you are found not guilty there will be no fines and driving licence penalty points imposed and you will be offered an expenses claim for travelling costs (not for loss of earnings). Once you have received your summons please direct all correspondence to the relevant court and not to the Central Ticket Office or Fixed Penalty Office.
Answer
No, the Human Rights Act does not affect section 172 of the Road Traffic Act 1988, which states that you are obliged to provide the information requested and failure to do so could result in prosecution.
