Safe Speed Forums

On 20/12/03 during a journey from Aberdeen to Thorne in Yorkshire, on the M62 East, I was stopped by a marked police car for excessive speed. Vascar readings Distance 0.183, Average Speed 91.55
I was given a fixed penalty notice of £60 and 3 points.
I signed the fixed penalty notice.
On 22/12/03 I paid the fixed penalty notice via the telephone.
On 27/12/03 I produced my license and insurance details at Aberdeen Police station.
On 25/2/04 I received a cheque for £60 from West Yorkshire police and with compliments slip stating my ticket had been cancelled.
On 16/04/04 I receive a summons to attend court.

I have never had any points at anytime on my license.
I have no other criminal convictions.

Why was the ticket cancelled and Why am I now being summoned ?

Dunno. FPNs are always a conditional offer, but I can't imagine why anyone with a clean license would have the FPN revoked so they could be dragged in front of the magistrates instead. If they found you'd got a license like a snooker score I could understand it, but since yours is clean it seems a bit excessive. I thought a trip to court was for when they catch someone going really fast (30mph over the limit I think), but then why give you the FPN in the first place. The copper would have just said he's reporting you for the offence yadda yadda yadda. Plus 21 and a bit mph over still sounds like FPN territory to me. I got clocked at 25 or 26 over and only got FPN for 3 points and 40 quid fine, though that was about 8 years ago so they might have moved the goalposts since.
What seems particularly unfair is that you paid up, then they sat on your money for a whole two months, and then they returned it with no explanation other than saying the ticket had been cancelled. Then nothing for over six weeks before a summons shows up. To put it mildly, they're taking the wee-wee. First stop http://www.pepipoo.com. Probably won't hurt to phone plod and ask them for an explanation. Then I'd go and find a solicitor who can tell you if they're actually allowed to jerk you around like this, or if there's some cut-off time limit they might have exceeded.

I think the fixed penalty ticket includes non-revokable wording along the lines of: "If you accept this offer, no further action will be taken".

I think they have broken the promise and shot themselves in the foot.

Definitely visit PePiPoo. See a solicitor too.

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Paul Smith
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