quick legal/procedure question re speeding fine
Discussion
friend of mine been caught speeding, which she deserved to be homest, was on phone as well, and doing 50+ in a 40 in traffic and when freezing. serves her right. It was a plod car that did her.
Now, she's handed her license in and just got it back with the 3 points on, BUT forgot to pay the fine and it's now been over 6 weeks. She did genuinely forget and rang whatever the enquirey number was. They are now talking about magistrates and a 90 quid fine
Any ideas chaps?
Now, she's handed her license in and just got it back with the 3 points on, BUT forgot to pay the fine and it's now been over 6 weeks. She did genuinely forget and rang whatever the enquirey number was. They are now talking about magistrates and a 90 quid fine
Any ideas chaps?
bryan35 said:
friend of mine been caught speeding, which she deserved to be homest, was on phone as well, and doing 50+ in a 40 in traffic and when freezing. serves her right. It was a plod car that did her.
Now, she's handed her license in and just got it back with the 3 points on, BUT forgot to pay the fine and it's now been over 6 weeks. She did genuinely forget and rang whatever the enquirey number was. They are now talking about magistrates and a 90 quid fine
Any ideas chaps?
Now, she's handed her license in and just got it back with the 3 points on, BUT forgot to pay the fine and it's now been over 6 weeks. She did genuinely forget and rang whatever the enquirey number was. They are now talking about magistrates and a 90 quid fine
Any ideas chaps?
If you don't pay the fine within 28 days & hand over the licence within 7 days (you have to do both) then you haven't complied with the conditional offer, so it defaults to court proceedings.
bryan35 said:
thanks von, but whats this about the fine increasing to 90 quid?
apparently she is to expect a letter. seems odd.
apparently she is to expect a letter. seems odd.
www.hampshire.police.uk/Internet/faq/penaltytrafficoffences.htm
bryan35 said:
thanks von, but whats this about the fine increasing to 90 quid?
apparently she is to expect a letter. seems odd.
apparently she is to expect a letter. seems odd.
I agree with Von.
The conditional offer has expired. I had thought though that the next step is up in front of the beak.
The extra £30 could be 'court costs' - further admin of the case? This would be the situation if it goes to court.
Maybe it is a 'collection charge'.
Either way, I would still snap their hand off. On the face of it the driver has 'forgotten' the mobile phone and speeding laws *and* forgotten to pay the fixed penalty and avoid court. The magistrates may see it that way - and the 3 points and £90 can only get higher.
erm..........think I understand,
so the penalty goes up by 50% if you do nothing, and the court send out what you might call a 'friendly' reminder.
I agree, I would snap their hands off too!!
interstingly, another friend of mine who didn't repond to an NIP from a safety camera partnership simply got another NIP with a covering letter.
can't lose that money now eh!
thankyou VH & J.
so the penalty goes up by 50% if you do nothing, and the court send out what you might call a 'friendly' reminder.
I agree, I would snap their hands off too!!
interstingly, another friend of mine who didn't repond to an NIP from a safety camera partnership simply got another NIP with a covering letter.
can't lose that money now eh!
thankyou VH & J.
Edited by bryan35 on Friday 30th March 12:30
Surely VH this is wrong:
>>>>>>>Failure to Pay or Dispute
If the motorist fails to pay or opt for a court hearing within 28 days, with the exception of a non personally issued non endorsable notice, the legislation directs that the matter is passed to the court in whose jurisdiction the motorist lives for the fine to be registered. The effect is the penalty being increased by 50% to an enforceable fine. Apart from a Statutory Declaration (see later) being made, there is no appeal against the fine and the court will pursue recovery. <<<<<<<<
On an FPN(E) if the 60 notes not paid then it is treated as non acceptance of the Conditional Offer. The next step is that the case is heard before Magistrates and if found Guilty they will impose their own fine and award costs that could be anything (within bounds of RTOA 88). The 50% increase in fine applies to decriminalised unpaid parking fines and covered by legislation. Increase in speeding fine as mention has no grounds at law as I see it? (so far)
dvd
>>>>>>>Failure to Pay or Dispute
If the motorist fails to pay or opt for a court hearing within 28 days, with the exception of a non personally issued non endorsable notice, the legislation directs that the matter is passed to the court in whose jurisdiction the motorist lives for the fine to be registered. The effect is the penalty being increased by 50% to an enforceable fine. Apart from a Statutory Declaration (see later) being made, there is no appeal against the fine and the court will pursue recovery. <<<<<<<<
On an FPN(E) if the 60 notes not paid then it is treated as non acceptance of the Conditional Offer. The next step is that the case is heard before Magistrates and if found Guilty they will impose their own fine and award costs that could be anything (within bounds of RTOA 88). The 50% increase in fine applies to decriminalised unpaid parking fines and covered by legislation. Increase in speeding fine as mention has no grounds at law as I see it? (so far)
dvd
Dwight VanDriver said:
Surely VH this is wrong:
>>>>>>>Failure to Pay or Dispute
If the motorist fails to pay or opt for a court hearing within 28 days, with the exception of a non personally issued non endorsable notice, the legislation directs that the matter is passed to the court in whose jurisdiction the motorist lives for the fine to be registered. The effect is the penalty being increased by 50% to an enforceable fine. Apart from a Statutory Declaration (see later) being made, there is no appeal against the fine and the court will pursue recovery. <<<<<<<<
On an FPN(E) if the 60 notes not paid then it is treated as non acceptance of the Conditional Offer. The next step is that the case is heard before Magistrates and if found Guilty they will impose their own fine and award costs that could be anything (within bounds of RTOA 88). The 50% increase in fine applies to decriminalised unpaid parking fines and covered by legislation. Increase in speeding fine as mention has no grounds at law as I see it? (so far)
dvd
>>>>>>>Failure to Pay or Dispute
If the motorist fails to pay or opt for a court hearing within 28 days, with the exception of a non personally issued non endorsable notice, the legislation directs that the matter is passed to the court in whose jurisdiction the motorist lives for the fine to be registered. The effect is the penalty being increased by 50% to an enforceable fine. Apart from a Statutory Declaration (see later) being made, there is no appeal against the fine and the court will pursue recovery. <<<<<<<<
On an FPN(E) if the 60 notes not paid then it is treated as non acceptance of the Conditional Offer. The next step is that the case is heard before Magistrates and if found Guilty they will impose their own fine and award costs that could be anything (within bounds of RTOA 88). The 50% increase in fine applies to decriminalised unpaid parking fines and covered by legislation. Increase in speeding fine as mention has no grounds at law as I see it? (so far)
dvd
I agree with you.
Lesson for dvd. Research first type later.
Above post of mine while morally wrong in my humble at law they can do this despite me thinking otherwise.
Section 55(3) Road Traffic Offenders Act 1988 allows the further blackmail by stating after the issue of FPN/CO if it is not paid in 28 days and they have received no notification of request for Court hearing they are entitled to impose a fine 1.5. times higher than the original penalty. This is then recorded as a fine at Court.
dvd
Above post of mine while morally wrong in my humble at law they can do this despite me thinking otherwise.
Section 55(3) Road Traffic Offenders Act 1988 allows the further blackmail by stating after the issue of FPN/CO if it is not paid in 28 days and they have received no notification of request for Court hearing they are entitled to impose a fine 1.5. times higher than the original penalty. This is then recorded as a fine at Court.
dvd
Dwight VanDriver said:
Lesson for dvd. Research first type later.
Above post of mine while morally wrong in my humble at law they can do this despite me thinking otherwise.
Section 55(3) Road Traffic Offenders Act 1988 allows the further blackmail by stating after the issue of FPN/CO if it is not paid in 28 days and they have received no notification of request for Court hearing they are entitled to impose a fine 1.5. times higher than the original penalty. This is then recorded as a fine at Court.
dvd
Above post of mine while morally wrong in my humble at law they can do this despite me thinking otherwise.
Section 55(3) Road Traffic Offenders Act 1988 allows the further blackmail by stating after the issue of FPN/CO if it is not paid in 28 days and they have received no notification of request for Court hearing they are entitled to impose a fine 1.5. times higher than the original penalty. This is then recorded as a fine at Court.
dvd
That's only going to be if you accept the conditional offer late though, isn't it.
Otherwise it's going to be a court hearing & a fine they impose.
Yes it is the fixed penalty bit that attract the xtra if not paid.
Conditional Offer aspect seems muddled (like me) as Section 34 RTA 1991 ammends RTOAct 88 that deals with FPT and states that where a CO has been issued and provisions not complied with (Licence forwarded and payment made) within 28 days then after that period matter should be referred to C of Police. (76(5) RTOA 88 as amended) Which I presume will then take the matter further i.e. Court. No mention of extra payment imposed so it would seem as originally posted it will be for the Court to set the fine (punishment).
So:
Fixed penaty Notice issued - no pay 28 days no indication plea - increase in fine by 50%.
Conditional Offer for speeding - no pay/send Licence within 28 days - matter referred back to police.
dvd
Conditional Offer aspect seems muddled (like me) as Section 34 RTA 1991 ammends RTOAct 88 that deals with FPT and states that where a CO has been issued and provisions not complied with (Licence forwarded and payment made) within 28 days then after that period matter should be referred to C of Police. (76(5) RTOA 88 as amended) Which I presume will then take the matter further i.e. Court. No mention of extra payment imposed so it would seem as originally posted it will be for the Court to set the fine (punishment).
So:
Fixed penaty Notice issued - no pay 28 days no indication plea - increase in fine by 50%.
Conditional Offer for speeding - no pay/send Licence within 28 days - matter referred back to police.
dvd
well, chaps, the letter has arrived today, from mags court, and it states 28 days to pay the increased fine of £90. I'm also now told the full story. Basically she only remembered about the fine when the license came back, there was no letter or anything, and it was only when she called the tel. number on the FPN that they then sent out the letter just recieved.
would they have forgotten about it I wonder? prob/prob not.
would they have forgotten about it I wonder? prob/prob not.
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