No Conditional Offer Received, none in court papers
Discussion
Mrs Mondeoman received a NIP in June for an offence in April (think the dates work OK, as its a Co. car, so paperwork would've gone to them first as the registered keeper), which was duly filled in and returned, and she waited for the COoFP to arrive, which she was going to return as guilty and take the fine/points/awareness course. But it never arrived.
Next thing that turned up was a Postal Requisition, giving a court date in December 15, for the original offence & fine and now costs on top. Its "only" £80, but that's not the point.
I'm writing a Mitigation piece for her, and while going through the papers, the statement from the Central Ticket Office caught my attention... They acknowledge receipt of the NIP and enclose a copy and they claim that the COoFP was sent out, but there is no copy attached.
The Mitigation against the costs is of course that the COoFP never arrived, so she couldn't comply with it, so shouldn't be "fined" for it. Will this fly?
Next thing that turned up was a Postal Requisition, giving a court date in December 15, for the original offence & fine and now costs on top. Its "only" £80, but that's not the point.
I'm writing a Mitigation piece for her, and while going through the papers, the statement from the Central Ticket Office caught my attention... They acknowledge receipt of the NIP and enclose a copy and they claim that the COoFP was sent out, but there is no copy attached.
The Mitigation against the costs is of course that the COoFP never arrived, so she couldn't comply with it, so shouldn't be "fined" for it. Will this fly?
mondeoman said:
Next thing that turned up was a Postal Requisition, giving a court date in December 15, for the original offence & fine and now costs on top. Its "only" £80, but that's not the point.
The fine is usually higher, sometimes a lot higher, in Court.Anyway, exactly the same happened to a colleague, but he didn't get much notice of the Court date. He was well within the fixed penalty band so he 'phoned them up and they said he could go on a course but it had to be completed before the Court date which he just managed to do. They then withdrew the Summons.
Sheepshanks said:
mondeoman said:
Next thing that turned up was a Postal Requisition, giving a court date in December 15, for the original offence & fine and now costs on top. Its "only" £80, but that's not the point.
The fine is usually higher, sometimes a lot higher, in Court.Anyway, exactly the same happened to a colleague, but he didn't get much notice of the Court date. He was well within the fixed penalty band so he 'phoned them up and they said he could go on a course but it had to be completed before the Court date which he just managed to do. They then withdrew the Summons.
Doesn't Karagozlu -V- Director Of Public Prosecutions; Admn 22 Nov 1996, Para 29 apply - (Pepipoo reference)? (not that I've been abel to read teh relevant para, cant find it on the web anywhere
If pleading guilty then explain and refer the clerk to page 189 (p183 of the pdf file):
https://www.sentencingcouncil.org.uk/wp-content/up...
https://www.sentencingcouncil.org.uk/wp-content/up...
agtlaw said:
If pleading guilty then explain and refer the clerk to page 189 (p183 of the pdf file):
https://www.sentencingcouncil.org.uk/wp-content/up...
Let's hope LoonR1 isn't on the bench that day!https://www.sentencingcouncil.org.uk/wp-content/up...
agtlaw said:
If pleading guilty then explain and refer the clerk to page 189 (p183 of the pdf file):
https://www.sentencingcouncil.org.uk/wp-content/up...
Genuine question (with the aim of self-education) https://www.sentencingcouncil.org.uk/wp-content/up...
- if the offence was on or after 13/4/15, will the "criminal courts charge" of £150 still be added to the (hopefully £100 + 3 points) sentence when the OP's better half pleads guilty before the magistrates and includes the above guidance in her plea for sanctions as per the original FPN (which was never received)?aw51 121565 said:
agtlaw said:
If pleading guilty then explain and refer the clerk to page 189 (p183 of the pdf file):
https://www.sentencingcouncil.org.uk/wp-content/up...
Genuine question (with the aim of self-education) https://www.sentencingcouncil.org.uk/wp-content/up...
- if the offence was on or after 13/4/15, will the "criminal courts charge" of £150 still be added to the (hopefully £100 + 3 points) sentence when the OP's better half pleads guilty before the magistrates and includes the above guidance in her plea for sanctions as per the original FPN (which was never received)?
king hope not! On a slightly different note, plea by post or in person?
I (expletive-deleted) hope not too - but I suspect we may both be wrong 
.
And the best advice is to appear on the day, to make it as credible as it can be - a statement read out by the accused is far mnore effective than a typed appeal read out by the clerk of the court in a monotone
, and the accused pleading for a good outcome shows they are taking the matter seriously .
.And the best advice is to appear on the day, to make it as credible as it can be - a statement read out by the accused is far mnore effective than a typed appeal read out by the clerk of the court in a monotone
, and the accused pleading for a good outcome shows they are taking the matter seriously .aw51 121565 said:
Genuine question (with the aim of self-education) - if the offence was on or after 13/4/15, will the "criminal courts charge" of £150 still be added to the (hopefully £100 + 3 points) sentence when the OP's better half pleads guilty before the magistrates and includes the above guidance in her plea for sanctions as per the original FPN (which was never received)?
Unless there's an absolute discharge then it is payable. - if the offence was on or after 13/4/15, will the "criminal courts charge" of £150 still be added to the (hopefully £100 + 3 points) sentence when the OP's better half pleads guilty before the magistrates and includes the above guidance in her plea for sanctions as per the original FPN (which was never received)?(n.b. there other very limited exceptions - http://www.legislation.gov.uk/uksi/2015/796/made )
Edited by agtlaw on Monday 19th October 11:36
I see that CumbriaSafetyCameras.org refuses to consider that the NIP may arrive outside of time, instead they offer this advice:
They also fail to consider that you may challenge their ticket in court and be found Not Guilty...
It IS of course all about road safety, despite being a site for the Speed Camera partnership to pat themselves on the back!
There is no mention of SACs on the site, or the cost of the same.
They also fail to consider that you may challenge their ticket in court and be found Not Guilty...
It IS of course all about road safety, despite being a site for the Speed Camera partnership to pat themselves on the back!
There is no mention of SACs on the site, or the cost of the same.
agtlaw said:
aw51 121565 said:
Genuine question (with the aim of self-education) - if the offence was on or after 13/4/15, will the "criminal courts charge" of £150 still be added to the (hopefully £100 + 3 points) sentence when the OP's better half pleads guilty before the magistrates and includes the above guidance in her plea for sanctions as per the original FPN (which was never received)?
Unless there's an absolute discharge then it is payable. - if the offence was on or after 13/4/15, will the "criminal courts charge" of £150 still be added to the (hopefully £100 + 3 points) sentence when the OP's better half pleads guilty before the magistrates and includes the above guidance in her plea for sanctions as per the original FPN (which was never received)?(n.b. there other very limited exceptions - http://www.legislation.gov.uk/uksi/2015/796/made )
Edited by agtlaw on Monday 19th October 11:36
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