can I appeal speeding fine by court?
Discussion
I had a speeding ticket by a mobile police camera. I was doing 41 in a 30. I had the letter through and ticked to do the course. Went to do the course and there were road works outside and I was delayed by 5 minutes and they wouldn't let me do the course. Called the centre over the next couple days and they advised someone would be in touch to see if I could re do it. Next letter I get is a court letter. Spoke to court who advise that they will deal with it on 28 march. Had fine though today and its 375 inc 85 costs and 25 victim surcharge. Can I contest this? It's Staffordshire police/ courts.
wjwren said:
I had a speeding ticket by a mobile police camera. I was doing 41 in a 30. I had the letter through and ticked to do the course. Went to do the course and there were road works outside and I was delayed by 5 minutes and they wouldn't let me do the course. Called the centre over the next couple days and they advised someone would be in touch to see if I could re do it. Next letter I get is a court letter. Spoke to court who advise that they will deal with it on 28 march. Had fine though today and its 375 inc 85 costs and 25 victim surcharge. Can I contest this? It's Staffordshire police/ courts.
You need the advice of a solicitor specialising in such matters. You can appeal the court decision but you are at risk for more costs and a greater fine. What basis is your appeal based upon. Disagreeing with the decision is not generally good grounds for an appeal. Unless you are absolutely convinced this is manifestly unfair I would get on with it.lbc said:
Centurion07 said:
Maybe he did?
Did what?If he was only delayed by 5 minutes, then what was he doing with the other 25 minutes to be late?
Probably best not to ask.
wjwren said:
I had a speeding ticket by a mobile police camera. I was doing 41 in a 30. I had the letter through and ticked to do the course. Went to do the course and there were road works outside and I was delayed by 5 minutes and they wouldn't let me do the course. Called the centre over the next couple days and they advised someone would be in touch to see if I could re do it. Next letter I get is a court letter. Spoke to court who advise that they will deal with it on 28 march. Had fine though today and its 375 inc 85 costs and 25 victim surcharge. Can I contest this? It's Staffordshire police/ courts.
I take it you got the summons, did you not attend on the 28th march? never ever believe what anyone on the end of a phone tells you. You have been dealt with in your absence and they have used the opportunity to add to their coffers by stitching you up. I think you may be able to appeal the punishment but not the verdict but it can go up as well as down.What I would do now is learn from it and get your money back by denying the government the equivalent amount. Every little helps. Walk to the shops instead of driving. Buy your next purchases in cash of ebay etc where no VAT changes hands.
I walked to the supermarket and back every week until I had saved the £60 it cost me for a no seatbelt FPN. Not wearing a belt ended up costing me nothing, I was healthier for it and now walk more often and hardly use the car a weekends, I'm proud I have contributed to the lost half a billion in fuel duty over the last couple of years.
Yes you can appeal a conviction at a Magistrates Court basically on one of two grounds.
Appeal against conviction - not possible if you pleaded guilty.
Appeal against sentence metered out in you case large fine.
Appeal will go to Crown Court so as stated ^^^^^^^^^^ use of a wigged one most prudent.
dvd
Appeal against conviction - not possible if you pleaded guilty.
Appeal against sentence metered out in you case large fine.
Appeal will go to Crown Court so as stated ^^^^^^^^^^ use of a wigged one most prudent.
dvd
Steffan said:
Disagreeing with the decision is not generally good grounds for an appeal. Unless you are absolutely convinced this is manifestly unfair I would get on with it.
My understanding is that an appeal from Magistrates (assuming its not by way of case stated to the administrative court) doesn't require permission or specific grounds, as it's a complete rehearing.As you have said, this would not only bring potential for an increase in penalty, but also the costs of advocate (if using one) and exposure to costs of the hearing if you fail in your appeal.
Better setting off earlier next time!
NH1 said:
I take it you got the summons, did you not attend on the 28th march? never ever believe what anyone on the end of a phone tells you. You have been dealt with in your absence and they have used the opportunity to add to their coffers by stitching you up. I think you may be able to appeal the punishment but not the verdict but it can go up as well as down.
What I would do now is learn from it and get your money back by denying the government the equivalent amount. Every little helps. Walk to the shops instead of driving. Buy your next purchases in cash of ebay etc where no VAT changes hands.
I walked to the supermarket and back every week until I had saved the £60 it cost me for a no seatbelt FPN. Not wearing a belt ended up costing me nothing, I was healthier for it and now walk more often and hardly use the car a weekends, I'm proud I have contributed to the lost half a billion in fuel duty over the last couple of years.
So basically what you're advising is that the OP deliberately inconveniences himself in order to get his own back on the government for fining him for going too fast. I'm not sure how that answers the OP's question.What I would do now is learn from it and get your money back by denying the government the equivalent amount. Every little helps. Walk to the shops instead of driving. Buy your next purchases in cash of ebay etc where no VAT changes hands.
I walked to the supermarket and back every week until I had saved the £60 it cost me for a no seatbelt FPN. Not wearing a belt ended up costing me nothing, I was healthier for it and now walk more often and hardly use the car a weekends, I'm proud I have contributed to the lost half a billion in fuel duty over the last couple of years.
OP, Sorry, but I think you're screwed. I did one of these brainwashing courses a few months ago. The paperwork was very clear that it was offered in lieu of presecution and that if I was late, I would not be admitted, my fee would be forfit and I could expect to be prosecuted.
It's always worth ringing and pleading to be allowed another chance to attend, but if you've received a summons it's probably too late. Sounds like the wheels are already in motion.
Yes you can appeal, but not to get put back on the course. Appeal is that fine is unreasonable and no reasonable court could have reached that conclusion. However . . .
You had a chance to go on course but didn't. When you set out then entirely in your control. Somebody else's fault for putting roadworks up ? I wouldn't go down that route. Assume offence after 16 August, so fixed penalty would be £100. Fine of around £300 would be no surprise. Double or half that could be reasonable. An appeal would be expected to be outwith that range - £150 to £600. Might be harsh, but unlikely to be unreasonable.
You had a chance to go on course but didn't. When you set out then entirely in your control. Somebody else's fault for putting roadworks up ? I wouldn't go down that route. Assume offence after 16 August, so fixed penalty would be £100. Fine of around £300 would be no surprise. Double or half that could be reasonable. An appeal would be expected to be outwith that range - £150 to £600. Might be harsh, but unlikely to be unreasonable.
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