Excessive speeding fine
Discussion
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?
Any thoughts?
Breadvan72 said:
No Telegraph link? I know it referred to the 30 limit, but assumed it was mirrored at 40. 
I know most cases will be dealt with by FPN, but 4-6 points +a week's wages for 81+ mph!! 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.
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.
“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.
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.
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
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).
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).
Thanks for the advice.
Win win
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
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 itA 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).
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.Any thoughts?
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
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