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Excessive Speeding Fine - Can I Appeal?

13

Comments

  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP - you said your wife received a summons for not providing details. Then you say she was found guilty of speeding. Which was it??
  • ArsenalFC
    ArsenalFC Posts: 1,095 Forumite
    No I read it fine

    I simply dont believe you

    You and your wife seem like a pair of irresponsible !!!!!! who cant accept you where wrong and pay up and instead are trying to use every trick in the book

    Please appeal, hopefully they will bang her up

    You are the !!!!!!. Pathetic, immature and unfounded conclusion. No one ask whether you believe it or not, if you dont have useful advice then do not post.
  • bargepole
    bargepole Posts: 3,238 Forumite
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    I'm always amazed whenever someone posts a speeding or parking question on what is supposed to be a "money saving" forum, at all the self righteous bigots who come on here and foam at the mouth about how the OP should be flogged within an inch of their life and burnt at the stake. If you don't want to post anything constructive, why don't you foxtrot oscar and go and iron your white pointy hat.

    Anyway, to the OP, it seems that the police didn't receive your wife's s172 response form, hence the summons for Failure to Provide. This offence carries a fine on conviction of up to 6 points and £1000, so in one sense she got away relatively lightly when they decided to process it as a speeding charge instead.

    If she didn't provide a statement of means before the hearing, the Magistrates would have assumed "average" earnings, in which case I would say that the fine level is about right.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Thanks all (well most anyway!) I think we may just have to bite the bullet then. It's just annoying as she did send the forms off. Lesson learnt I think.

    I understand the question about us receiving a summons for not providing details and the fine for speeding, but that's what it is. Odd.

    Also, her license has been returned, alone, with no additional paperwork. No mention of points or anything.

    She isn't going to drive over the weekend and ring the DVLA on Monday.

    Thanks again
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
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    No points jotted on the paper part of her licence? (Mine are handwritten on there believe it or not... )
    I think the DVLA is open saturdays isn't it? (Don't know for sure but gotta be worth a try surely)
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  • MORPH3US
    MORPH3US Posts: 4,906 Forumite
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    Perhaps they just forgot to add points on and she will get away with it. I'm sure I have read in the papers about things like that.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
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    bargepole wrote: »
    Anyway, to the OP, it seems that the police didn't receive your wife's s172 response form, hence the summons for Failure to Provide. This offence carries a fine on conviction of up to 6 points and £1000, so in one sense she got away relatively lightly when they decided to process it as a speeding charge instead.

    I don't think it's up to 6 points. It's a mandatory 6 points, I believe (unless there are special reasons not to endorse).

    But they can't summons someone under S172, then convict them of speeding. If she did plead guilty by post, presumably that was to the S172 charge? In which case, how could they proceed with a speeding charge, and find her guilty in her absence?

    I think they've made a mistake somewhere.
  • I'm pretty sure you'll get 6 points for 47 in a 30, hence why its gone to court and the size of the fine.
  • bargepole
    bargepole Posts: 3,238 Forumite
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    sarahg1969 wrote: »
    But they can't summons someone under S172, then convict them of speeding. If she did plead guilty by post, presumably that was to the S172 charge? In which case, how could they proceed with a speeding charge, and find her guilty in her absence?

    I think they've made a mistake somewhere.
    Technically, that's correct, but I would assume they changed the summons as a result of the OP's phone call to the Court. In my experience, they prefer to prosecute speeding rather than S172, given a choice, as defendants seem to have a better record of defeating S172 charges.

    Anyway as we both know from the other forum, in Magistrates' Courts they make up the rules as they go along!

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Daytona_nev
    Daytona_nev Posts: 1,431 Forumite
    anewman wrote: »
    Do the crime pay the fine. The fine is designed to be a punishment, not an easy to pay thing. At least it will make sure the speed limit isn't broken again. Just to think the speedo will have been reading over 50mph in a 30mph zone, shocking. Be glad there's no custodial sentence, and there is no driving ban/license revocation is all I can say.

    .

    Since when has speeding carried a possible custodial sentence?
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