Excessive speeding fine
Author
Discussion

TomEP

Original Poster:

155 posts

183 months

Friday 24th November 2017
quotequote all
So got caught doing 66 in 40. Pleaded guilty through the new don’t go to court route. 6 points - which was expected. then a fine of £2393!!! I fell off my chair. The law says the maximum fine is £1000 on non-motorway. The response from the court makes no reference to an appeal process.

Any thoughts?
























Antony Moxey

10,717 posts

249 months

Friday 24th November 2017
quotequote all
Yes, you got off lightly.

anonymous-user

84 months

Friday 24th November 2017
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Bill

58,715 posts

285 months

Friday 24th November 2017
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Breadvan72 said:
No Telegraph link? I know it referred to the 30 limit, but assumed it was mirrored at 40.

anonymous-user

84 months

Friday 24th November 2017
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The 1K non motorway max is still in place AFAIK, so the summaries of the income related fine bands may be of limited use.

Courts do not give legal advice, so they never tell parties of appeal rights.

Bill

58,715 posts

285 months

Friday 24th November 2017
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Ah, ok. (The fines going up was news to me. It's irrelevant for me at lower speeds, but I'll have to check about NSL and motorways...)

Bill

58,715 posts

285 months

Friday 24th November 2017
quotequote all
eek I know most cases will be dealt with by FPN, but 4-6 points +a week's wages for 81+ mph!!

TomEP

Original Poster:

155 posts

183 months

Friday 24th November 2017
quotequote all
I think the magistrate has forgotten to apply the cap for what they call a level 3 fine.

Not surprising as when I spoke to a magistrate I know before pleading guilty he didn’t have a clue about the new system!

SS2.

14,712 posts

268 months

Friday 24th November 2017
quotequote all
66mph in a 40mph limit qualifies for a Band C fine - Calculator.

You can appeal the sentence - needs to be done within 21 days of sentencing, IIRC. If this is something you are considering, give the convicting court a call and they should be able to guide you through the process.

anonymous-user

84 months

Friday 24th November 2017
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No - don't take advice from court officers. They are not lawyers and giving advice is not their job. They aren't insured against giving wrong advice.

Sheepshanks

41,111 posts

149 months

Friday 24th November 2017
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TomEP said:
Any thoughts?
Worst "I earn £125K/yr" post ever.

agtlaw

7,406 posts

236 months

Friday 24th November 2017
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“Where a sentence or order of a magistrates’ court is clearly wrong or has been made or imposed as a result of an obvious error, a defendant should be immediately advised to ask the court to rectify the mistake under s.142 of the Magistrates’ Courts Act 1980.” Wilkinson’s at 22.03

It should be done properly. There’s a risk they will simply reduce the ban to the maximum (thereby giving no credit, or if we’re being technical then applying a starting point in excess of the maximum) – which would be wrong in principle. In a level 3 case, where there’s an early guilty plea, the fine should be £750 or less.

Gavia

7,627 posts

121 months

Friday 24th November 2017
quotequote all
agtlaw said:
“Where a sentence or order of a magistrates’ court is clearly wrong or has been made or imposed as a result of an obvious error, a defendant should be immediately advised to ask the court to rectify the mistake under s.142 of the Magistrates’ Courts Act 1980.” Wilkinson’s at 22.03

It should be done properly. There’s a risk they will simply reduce the ban to the maximum (thereby giving no credit, or if we’re being technical then applying a starting point in excess of the maximum) – which would be wrong in principle. In a level 3 case, where there’s an early guilty plea, the fine should be £750 or less.
There you go OP. Give agtlaw a call and ask him to resolve it for you. His fee is likely to be less than the rebate you’ll receive and it will be done properly

Win win

Dog Star

17,609 posts

198 months

Friday 24th November 2017
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One for the legal eagles here - just out of interest - where fines are means tested do you actually HAVE TO inform them of your income? And if you don't do they then make some estimate or use an average figure? It would strike me that you're better off not divulging it if you are on anything like a decent wage.

A friend of mine told a court that they were unemployed when fined (they were actually on in excess of six figures) when asked about income. Nobody checked. Small fine. (This was a good while ago, though, about 2001).

fatjon

2,299 posts

243 months

Friday 24th November 2017
quotequote all
Lucky, could have been a long sentence.

Although you could shorten it by not starting it with "so".


Sorry, pet hate.


TomEP

Original Poster:

155 posts

183 months

Friday 24th November 2017
quotequote all
Thanks for the advice.




Gavia said:
agtlaw said:
“Where a sentence or order of a magistrates’ court is clearly wrong or has been made or imposed as a result of an obvious error, a defendant should be immediately advised to ask the court to rectify the mistake under s.142 of the Magistrates’ Courts Act 1980.” Wilkinson’s at 22.03

It should be done properly. There’s a risk they will simply reduce the ban to the maximum (thereby giving no credit, or if we’re being technical then applying a starting point in excess of the maximum) – which would be wrong in principle. In a level 3 case, where there’s an early guilty plea, the fine should be £750 or less.
There you go OP. Give agtlaw a call and ask him to resolve it for you. His fee is likely to be less than the rebate you’ll receive and it will be done properly

Win win

TomEP

Original Poster:

155 posts

183 months

Friday 24th November 2017
quotequote all
Dog Star said:
One for the legal eagles here - just out of interest - where fines are means tested do you actually HAVE TO inform them of your income? And if you don't do they then make some estimate or use an average figure? It would strike me that you're better off not divulging it if you are on anything like a decent wage.

A friend of mine told a court that they were unemployed when fined (they were actually on in excess of six figures) when asked about income. Nobody checked. Small fine. (This was a good while ago, though, about 2001).
Could lie but probably consequences of doing so and getting caught are not worth it

blueg33

46,585 posts

254 months

Friday 24th November 2017
quotequote all
fatjon said:
Although you could shorten it by not starting it with "so".


Sorry, pet hate.
Agree. It's a horrible trend.

pavarotti1980

6,348 posts

114 months

Friday 24th November 2017
quotequote all
TomEP said:
So got caught doing 66 in 40. Pleaded guilty through the new don’t go to court route. 6 points - which was expected. then a fine of £2393!!! I fell off my chair. The law says the maximum fine is £1000 on non-motorway. The response from the court makes no reference to an appeal process.

Any thoughts?
150% of weekly income up to £1000 max for non-motorway.

How much do you earn per week?
Edited by pavarotti1980 on Friday 24th November 12:41


Edited by pavarotti1980 on Friday 24th November 12:41