Excessive speeding fine

[TomEP]

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?

[TomEP]

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!

[TomEP]

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]

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

[TomEP]

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

Win win

Thanks for the advice

Well, even better news he will do it for free, as below. There is no reason not to take up this hugely generous offer. Make sure you let us know when it’s dealt with

agtlaw said:

Thanks BV. If TomEP emails the case papers to me then I will deal with this FOC.

Certainty will be taking up the very kind offer.

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

[TomEP]

As the OP I can confirm Andrew is a true gent and has provided a fantastic service in resolving this.

The sheer incompetence of the magistrates and their staff is worrying.

Thanks also for all the useful comments and support.

Tom

[TomEP]

WJNB said:

If it was a 40mph limit then were you considered to be effectively breaking 2 speed limits 60 & 40?
Sorry but serves you right.

Great comment, well done.