Excessive speeding fine
Discussion
Few years back I had to go to court of 92 on the M1.
Attended in person, plead guilty, magistrate said 5 pts and £1,000 + court costs/surcharges... I would have fallen off my chair if I'd been sitting down.
Then a younger lady sat in front of the bench said 'excuse me, the fine is outside guidelines'... they whispered between themselves for a minute, then popped off to a side room, came back 5 mins later and reduced the fine to £300 + the add ons.
You'd expect these geriatric numbskulls to at least know the f
king law if they are going to serve as magistrates.
Attended in person, plead guilty, magistrate said 5 pts and £1,000 + court costs/surcharges... I would have fallen off my chair if I'd been sitting down.
Then a younger lady sat in front of the bench said 'excuse me, the fine is outside guidelines'... they whispered between themselves for a minute, then popped off to a side room, came back 5 mins later and reduced the fine to £300 + the add ons.
You'd expect these geriatric numbskulls to at least know the f
king law if they are going to serve as magistrates. 
Breadvan72 said:
Chris Stott said:
...
You'd expect these geriatric numbskulls to at least know the fking law if they are going to serve as magistrates.
Lay magistrates are not lawyers. Their clerk gives them legal advice. You'd expect these geriatric numbskulls to at least know the f
king law if they are going to serve as magistrates. 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?
Great offer above.Any thoughts?
I know this doesn't help but as things seem to be in hand thought I'd share my experience of 66mph in a 40mph limit - just to show how stupid the Ops penalty is. I got caught back in 1996 heading towards Wolverhampton on the A449. It drops from a Nation Limit Dual Carriageway to a 40 at the M54 island (it might not anymore it's been a while!). I was clocked at 66, NIP in post, 3 points £40.
TomEP said:
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 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.
Win win
agtlaw said:
Thanks BV. If TomEP emails the case papers to me then I will deal with this FOC.
Gavia said:
TomEP said:
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 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.
Win win
agtlaw said:
Thanks BV. If TomEP emails the case papers to me then I will deal with this FOC.
I have no problem paying the fine I am due, I got caught so hands up, I was just rather miffed they got it wrong given you kind of hope the legal system should get it right
Dog Star said:
- 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.
).
Not a legal eagle but, When I was last fined (2007 for 97 on a Dual carriageway in Scotland) I discovered it was not compulsory to fill in the means form in Scotland, so I didn't. I think at the time it said that without it fines would be based on an income level of £30kish. As I was on more than that & had no outgoings (living with parents saving for a house) it prob wouldn't have been a good idea. £300 & 5 points).
cmaguire said:
Breadvan72 said:
The system is run by humans.
That's alright then, we'll excuse their absolute incompetence as a bit of a laugh.You can't beat complacency. It's hilarious.
I gather that you are perfect. Few others are. In addition, people workng in a system that is under resourced, constantly criticised by pub blowhards, sometimes become demotivated.
Breadvan72 said:
I did not say that. I merely pointed out that rhe system is susceptible to human error.
I gather that you are perfect. Few others are. In addition, people workng in a system that is under resourced, constantly criticised by pub blowhards, sometimes become demotivated.
I'll bear that in mind next time I electrocute someone.I gather that you are perfect. Few others are. In addition, people workng in a system that is under resourced, constantly criticised by pub blowhards, sometimes become demotivated.
The basics shouldn't require excuses.
JoBlack said:
dindu benefit claimant - No Insurance, tax or mot, posession of cannabis, runs from police, hits a copper resisting arrest = 200 quid fine.
employed tax payer - taxed, insured, mot'd, employed speeding on a motorway = bend over.
nothing more than tax collectors in wigs.
Who or what is 'dindu'?employed tax payer - taxed, insured, mot'd, employed speeding on a motorway = bend over.
nothing more than tax collectors in wigs.
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