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Missed online Motorway Awareness Course, refusal to rebook, now Magistrate's Summons

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  • Missed online Motorway Awareness Course, refusal to rebook, now Magistrate's Summons

    Hello to all

    I was photographed for doing 70mph on a motorway a few months ago. It appears that I’ve sailed through a temp speed restriction of 60mph whilst on cruise control. I received the NIP and was offered the motorway awareness course. Accepted it, and was booked on. However, on the morning of the course itself, I had a temporary internet outage that stopped me from logging on at or before the start time of the three hour course, so I got onto it late when the broadband was restored a short while later – it was recorded as a non-attendance as a result, fee lost, and referred back to the Police for prosecution. I now have a Magistrate’s Summons.

    I received an email from KCC (the local authority running the course) that same morning (as the course) requiring me to make contact with them within 24 hours to rebook it. They got one phone call (five attempts to speak to a human, from both myself *and* their colleagues), and two emails from me (one before the phone calls, and one after confirming the phone calls to be belt and braces), as no-one in their Dept actually answers the phone within their restricted opening hours, not even to their internal colleagues. They even acknowledge that it’s pretty likely that they won’t answer their phones in their own outbound email! They never responded to my emails either until a week later, and well after they've returned my file back to the Police, ensuring that I was completely stuffed in respect of my ability to complete a course.

    Therefore, I appear to be completely stuffed and now bound to receive an endorsement and fine. I am still thinking about how to approach the Magistrate’s, which is the reason for the post here. I have no choice but to plead guilty, but in my opinion, the fair result in such circumstances seems to be for the case to be adjourned, whilst it is re-referred back to the Police/KCC, for me to complete an online course, particularly in these pandemic times and these particular circumstances where it's online courses only for everyone due to social distancing etc. That’s probably the way I’ll go, but thought it would be very useful to have some extra brains on the case to check my approach and thought processes!

    Many thanks in advance for any responses.
    Tags: None

  • #2
    Firstly, go to court. That is the most important thing. Secondly be prepared to wait - your case will not be a priority. Thirdly take all your evidence - print outs of emails. pictures of the screen you perhaps took to prove you could not log on, phone bill showing calls to their number etc etc. Everything. You are strictly speaking guilty but (with proof) have excellent mitigation. If you can, have a word with the duty solicitor on the day - if they are not busy they may advise you. Or speak to one before you go! They may give you the 3 points but keep the fine at the usual £100 (I think that is what it is now!) because of the circumstances. I don't know if they could refer back to Police but the Police would then decide what to do not the mags....

    Comment


    • #3
      You seem to have cogent evidence that you were offered a rebooking.

      That provides strong evidence to suggest that that "KCC" accepted that you were beset by circumstances outside of your control in "logging on" to the originally scheduled course.

      You also seem to have cogent evidence that you accepted that offer and that you made every effort to complete that rebooking but that "KCC" itself was unable to complete the rebooking process.

      It would seem that KCC have then decided that to deal with that inability by it to complete the rebooking process, it would do a 'volte face' and simply take the position that you had failed to "log on" to the original course.

      in the result, you have been prevented by "KCC"'s "volte face" from taking the course at all, which would have avoided penalty points on your driving licence, have forfeited the course fee and through no fault of yours find yourself facing a fine and penalty points.

      There is a basic injustice here.

      You have no defence to the speeding charge and so you must plead guilty.

      Your mitigation is along the lines I describe above and I suggest that you contend for no further financial penalty and no points on your licence.

      Comment


      • #4
        See your thread on Peppipoo there is some very good advice there.

        Comment


        • #5
          Having given further contemplation to this and in the light of the sentencing guidelines at

          https://www.sentencingcouncil.org.uk...-for-disorder/

          It seems to me that the true position is this:

          The Chief Constable offered to compromise the matter on the basis that you would attend the awareness course.

          The provider of the course, seems to me, to be analogous to being the agent of the Chief Constable.

          The facts of the conduct of the agent do seem to lead to the conclusion that it failed to give you any proper opportunity to attend the course.

          My advice therefore, is that you write to the Chief Constable, appraising him/her of the facts and inviting him/her to either withdraw the prosecution, so that the matter ends there or in the alternative, that the Chief Constable directs his agent to contact you to offer the course again.

          Comment


          • #6
            Many thanks for all of the replies on here. It helped me to form a response, which was served. I will update as and when, when I receive a response, notification and/or a court date!

            Comment

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