Is this right/fair?
Discussion
Saw a friend at the weekend and he told me the following brief story.
Few months ago he was travelling to a funeral in Norfolk and got zapped, by either a fixed camera or mobile unit (he didn't tell me which) at 72mph (60 limit A road).
He received an NIP however he couldn't return his driving licence as it was with the DVLA for updating at the time due to a change of address and was delayed for weeks as the photo sent in was not acceptable. Old licence was a pink non-photo one.
He was thus told he couldn't accept the fixed penalty (£60.00 and 3 points) and that it would have to go to a magistrates court hearing.
As a result he received the 3 points but a £300.00 fine, plus £35 court costs!
He's not particularly well paid, albeit is in full time employment, and filled in a form about income/means etc i.e. he's not been clobbered/taxed for being a high earner. In fact he's had to contact his local court to arrange for payments to be spread over 4 months as he can't afford to pay the fine in one go.
My question is twofold - 1. have the magistrates acted within guidelines and 2. is there anything he can do e.g. appeal as £300 seems very excessive given if he had his licence available at the time he would have got a £60 fine.
Any advice/insight gratefully received.
Thanks, Phil.
Few months ago he was travelling to a funeral in Norfolk and got zapped, by either a fixed camera or mobile unit (he didn't tell me which) at 72mph (60 limit A road).
He received an NIP however he couldn't return his driving licence as it was with the DVLA for updating at the time due to a change of address and was delayed for weeks as the photo sent in was not acceptable. Old licence was a pink non-photo one.
He was thus told he couldn't accept the fixed penalty (£60.00 and 3 points) and that it would have to go to a magistrates court hearing.
As a result he received the 3 points but a £300.00 fine, plus £35 court costs!
He's not particularly well paid, albeit is in full time employment, and filled in a form about income/means etc i.e. he's not been clobbered/taxed for being a high earner. In fact he's had to contact his local court to arrange for payments to be spread over 4 months as he can't afford to pay the fine in one go.
My question is twofold - 1. have the magistrates acted within guidelines and 2. is there anything he can do e.g. appeal as £300 seems very excessive given if he had his licence available at the time he would have got a £60 fine.
Any advice/insight gratefully received.
Thanks, Phil.
Absolutely unfair...100%
In my force we have a pre-printed form that goes on the file which reads something like:
"Driver fully admits offence. Driver unable to surrender licence due to DVLA update. Intends to plead guilty"
Something like that...
The matter is usually dealt with in the same way, 3 points, £60 fine and occasionally £35 court costs, but on occasion these costs have been waived.
The situation that you describe is totally out of order and he should appeal.
Street
In my force we have a pre-printed form that goes on the file which reads something like:
"Driver fully admits offence. Driver unable to surrender licence due to DVLA update. Intends to plead guilty"
Something like that...
The matter is usually dealt with in the same way, 3 points, £60 fine and occasionally £35 court costs, but on occasion these costs have been waived.
The situation that you describe is totally out of order and he should appeal.
Street
I had something similar happen when stopped for speeding. 7 day producer at local station but i have a 2 part photo licence (as my original licence got nicked years ago).
Problem was my wallet containing photo section of licence was nicked and i hadnt yet had a replacement off the DVLA as the post officers here have "run out of forms".
Went to station with insurance details etc and the paper part and was told by apologetic officer at front desk that wasnt acceptable as both had to be displayed and the 7 days was fixed regardless of circumstances. He did however add a note to the form/log indicating id been in, tried to get one and unable to have a photo card. Luckily for me he suggested going in person to DVLA swansea to order one and going personally again the following day to collect it (as it takes on average 15 days for first class post!). After doing that i managed to show the documents just about within the 7 days. If i hadnt have been able to waste 2 days going to/from swansea i could have been in a similar situation or done for failing to disclose i guess.
Still a bit irritating though, whoever nicked my wallet, cash, cards, licence has never been caught and unlikely ever to be while i have to pay £19 for a new licence and 2 personal trips to swansea to replace something i should really already own !
Problem was my wallet containing photo section of licence was nicked and i hadnt yet had a replacement off the DVLA as the post officers here have "run out of forms".
Went to station with insurance details etc and the paper part and was told by apologetic officer at front desk that wasnt acceptable as both had to be displayed and the 7 days was fixed regardless of circumstances. He did however add a note to the form/log indicating id been in, tried to get one and unable to have a photo card. Luckily for me he suggested going in person to DVLA swansea to order one and going personally again the following day to collect it (as it takes on average 15 days for first class post!). After doing that i managed to show the documents just about within the 7 days. If i hadnt have been able to waste 2 days going to/from swansea i could have been in a similar situation or done for failing to disclose i guess.
Still a bit irritating though, whoever nicked my wallet, cash, cards, licence has never been caught and unlikely ever to be while i have to pay £19 for a new licence and 2 personal trips to swansea to replace something i should really already own !
If things were as you say then I am surprised that Mags passed such a heavy sentence. But you ask:
The good news Phil.
Anybody convicted at a Magistrates Court can appeal to Crown Court against sentence if plea was Guilty. If plea was Not Guilty then appeal against Conviction and/or sentence.
The bad news Phil.
You only have 21 days to lodge the appeal from date of conviction.
DVD
The good news Phil.
Anybody convicted at a Magistrates Court can appeal to Crown Court against sentence if plea was Guilty. If plea was Not Guilty then appeal against Conviction and/or sentence.
The bad news Phil.
You only have 21 days to lodge the appeal from date of conviction.
DVD
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