Advice needed on appeal for court appointed speeding fine
Discussion
Hi everyone,
Some of you may remember an earlier thread by me after I got flashed by a camera doing 50 in a 30. Probably not, here's the link if you're interested: http://www.pistonheads.com/gassing/topic.asp?h=0&a...
The offence was for doing 50MPH in a 30 zone, flashed by a GATSO speed camera in the early hours of a dry morning. The road in question was a dual carraigeway A-road that goes through a city. Not the type that has cars parked either side, but not a full on motorway style road either. 50MPH was too fast, but not in the same way it would be through a suburb road. Nonetheless, it was a serious offence and one I hold my hands up to. Anyhoo, the offence was 1mph into the ACPO court summons guidelines, and so it went to court instead of being dealt with by means of FPN.
Anyway, I pleaded guilty by post. The hearing was on the 17th. I received a letter on the 30th (Stamped sent on the 29th) stating I had to pay a fine of £525 (£400 fine + victim surcharge and court fee) and been awarded 6 points. I submitted my means form with the plea which basically stated I dont have any spare income at all (Student taking a year out, in between work, have rent and living costs to pay and no steady work atm nor am I or have I ever claimed benefit). Because of this and the close threshold of the offence I feel the fine is far too steep. The 6 points is also a bit crap considering I was so close to just getting 3, but that is something I will take on the chin. The fine however feels disproportionate to my income and my offence.
I've been told I can apply for a payment plan and am waiting on a means form for that. I have also been told I can appeal to the crown court (however I'm not entitlied to legal aid so would have to self represent). I have an appointment with the citizens advice bureau to see if they can help, which is on friday.
In the meanwhile, is there any advice/information anyone can give as to whether this level of punishment is normal for my offence, what I can do, where I can go, etc?
Some of you may remember an earlier thread by me after I got flashed by a camera doing 50 in a 30. Probably not, here's the link if you're interested: http://www.pistonheads.com/gassing/topic.asp?h=0&a...
The offence was for doing 50MPH in a 30 zone, flashed by a GATSO speed camera in the early hours of a dry morning. The road in question was a dual carraigeway A-road that goes through a city. Not the type that has cars parked either side, but not a full on motorway style road either. 50MPH was too fast, but not in the same way it would be through a suburb road. Nonetheless, it was a serious offence and one I hold my hands up to. Anyhoo, the offence was 1mph into the ACPO court summons guidelines, and so it went to court instead of being dealt with by means of FPN.
Anyway, I pleaded guilty by post. The hearing was on the 17th. I received a letter on the 30th (Stamped sent on the 29th) stating I had to pay a fine of £525 (£400 fine + victim surcharge and court fee) and been awarded 6 points. I submitted my means form with the plea which basically stated I dont have any spare income at all (Student taking a year out, in between work, have rent and living costs to pay and no steady work atm nor am I or have I ever claimed benefit). Because of this and the close threshold of the offence I feel the fine is far too steep. The 6 points is also a bit crap considering I was so close to just getting 3, but that is something I will take on the chin. The fine however feels disproportionate to my income and my offence.
I've been told I can apply for a payment plan and am waiting on a means form for that. I have also been told I can appeal to the crown court (however I'm not entitlied to legal aid so would have to self represent). I have an appointment with the citizens advice bureau to see if they can help, which is on friday.
In the meanwhile, is there any advice/information anyone can give as to whether this level of punishment is normal for my offence, what I can do, where I can go, etc?
Thank you for all your advice, particularly AGTLaw and Aretnap. I was not aware that the guideline was based on a week's wages. I will contact the court tomorrow as soon as I can. Paintman, I was advised otherwise elsewhere that I would be looked upon more favourably with a plead by post and a letter of mitigation due to the savings in time and money for the court, hence my plea.
Thats fine, its good to hear both sides. I've been doing temp jobs and the like and barely getting by tbh. If all goes well I should be put forward for a full time role come monday. Even then, my income will not be £400 a week or close to that. The car was a 1995 328, not an expensive car but may have seemed like one in their eyes.
Update:
Transpires that the courts never received my plea. I have tried in vain to find the tracking number for when I sent it with recorded delivery, but have come up dry. Looks like I will have to take this to crown court if I wish to get a more tailored sentence. Can anyone advise on whether its worth doing?
Transpires that the courts never received my plea. I have tried in vain to find the tracking number for when I sent it with recorded delivery, but have come up dry. Looks like I will have to take this to crown court if I wish to get a more tailored sentence. Can anyone advise on whether its worth doing?
Honestly, I dont really remember what bought me to plead guilty by post. I certainly didnt intentionally ignore any advice I was given here, and I won't ignore any further advice thats given. I have every respect for those on here, particularly people like agtlaw. Free professional legal advice is not something to be taken for granted. I guess for whatever reason at the time of the plea I had it in my head that it was best to plead guilty by post. If, god forbid this happens again, I will act differently.
Unfortunately, it has to be a crown court matter as I have no proof that it is the mistake of the magistrates and thus no grounds for a case reopening. That is at least what I have been told by the magistrate. I'm sceptical that my case would be looked upon favourably by the crown court, and really confused as to what to do now.
Unfortunately, it has to be a crown court matter as I have no proof that it is the mistake of the magistrates and thus no grounds for a case reopening. That is at least what I have been told by the magistrate. I'm sceptical that my case would be looked upon favourably by the crown court, and really confused as to what to do now.
I've got no reason to not post it, nor am I stupid enough to hope it would go away. It would also be quite an elaborate and largely pointless lie to make on an impersonal motoring enthusiast forum. Considering my licence went AWOL as well, I dont think it's implausible that the court didnt process my plea properly.
You're certainly right, I am my own worst enemy and no I'm not a lucky person by any means.
I've found the receipt for the original NIP. Does the NIP have a plea on it? Does proof of sending NIP to the police station mean anything?
Also, would demonstrating my current means form as some kind of reason for the fine to be excessive?
I've found the receipt for the original NIP. Does the NIP have a plea on it? Does proof of sending NIP to the police station mean anything?
Also, would demonstrating my current means form as some kind of reason for the fine to be excessive?
Edited by Gooly on Saturday 4th October 18:17
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