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Speeding, Magistrates and financial statement

Techno
Techno Posts: 1,169 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
My OH has been charged with speeding and has received a summons from the local magistrates court. He fully accepts responsibility and intends to plead guilty asap. However, I've just been reading the financial statement bit and I accept that they want to know his income and savings, but I've a couple of questions about the other 2 sections.
One is related to 'out of the ordinary commitments' - now we have the usual bills but nothing any more excessive than anyone else so does he have to fill that bit in?
The second wants to know partners (that's my) income - now what has that got to do with anything? I'm not planning on paying anything towards his fine - that's down to him - I thought it was supposed to be based on his net weekly income (and he earns more than me!) Again, does he have to fill that bit in? Some couples don't know what the other earns so, hypothetically, how would they stand?
Thank you in advance for your advice
Techno
xx
;) If you think you are too small to make a difference, try getting in bed with a mosquito!
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Comments

  • Hammyman
    Hammyman Posts: 9,913 Forumite
    If its asked, he has to complete it. The reason they want to know is so they can ascertain how much disposible income he has. If you earned nothing, he earned £20k and the household bills were £19k, he doesn't have a lot. But if you earned £40k, he earned £20k and the household bills were £19k, he'd have a lot more.
  • Techno
    Techno Posts: 1,169 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks Hammyman - it's just that it says out of the ordinary for commitments - well we'll put it all in and see what happens
    ;) If you think you are too small to make a difference, try getting in bed with a mosquito!
  • forgotmyname
    forgotmyname Posts: 32,946 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 July 2010 at 3:43PM
    Dont drive there, If they give your OH a short ban its instant, They catch a lot of
    people driving home after being banned.
    Censorship Reigns Supreme in Troll City...

  • skiddlydiddly
    skiddlydiddly Posts: 1,005 Forumite
    I don't really see how they can legally expect you to inform them of your partners income.If you let them know what your outgoings are and what your net is, then your OH's finances are irrelevant.Hopefully someone with some legal background can confirm if you actually do or don't have to tell them.

    I was in a similar situation about 10 years or so ago.Too fast for them to deal with it on the road but slow enough not to get banned.At the time I had a relatively high disposable income(still living with parents, no commitments)and told the truth on the form.I got a £150 fine and learned a valuable lesson.The whole experience served its purpose(starting with the traffic officer making me feel a complete idiot) as I became a safer driver overnight.
  • Gillingham
    Gillingham Posts: 113 Forumite
    Part of the Furniture Combo Breaker
    edited 23 July 2010 at 12:23PM
    Your partner will need to give an indication of your income. If he doesn't do this then he will be questioned about this at the time of the hearing. All fines are based on income and drop into appropriate bands/% ie. if you get a band A fine and are on benefit your income is asessed at £100 so if you plead guilty at the fisrt opportunity you will get a 'discount' (approx. 1/3rd) so will probably pay £67. If your weekly income is £300 and you don't plead guilty at an early stage, then you can expect a £300 fine. A band B fine will be at 150% of your relevant weekly income i.e. £450 on an income of £300 but there will be 1/3rd reduction for an early guilty plea. I would imagine that as your partner is going to court then his speed must have been so high that a fixed penalty couldn't be offered. They won't actually take your income into account for the fine (but they do need to know you wouldn't starve if they give him a sizeable fine!) There will also be court costs to pay (possibly £85 and a £15 victim surcharge will also be applied to the fine and costs. The new CPS costs table came into force earlier this year. Was there any reason why he could not take advantage of a fixed penalty if he was offered one? i.e. lost/foreign licence etc. If there is any mitigation make sure that he tells the court. He should also apologise for his actions and assure the court that it will not happen again. I suggest getting him a 'Road Angel' speed detector for Christmas! Good Luck!
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    Are you contesting the ticket or were you way over the limit?

    Dont drive there, If they give your OH a short ban its instant, They catch a lot of
    people driving home after being banned.


    The bit from the op's 1st post that goes "He fully accepts responsibility and intends to plead guilty asap" gives us a clue there ;)
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • forgotmyname
    forgotmyname Posts: 32,946 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No idea what you mean, I didnt say that.

    :eek::eek::eek::eek::eek:

    :rotfl::rotfl::rotfl:

    Post edited :beer:
    Censorship Reigns Supreme in Troll City...

  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    No idea what you mean, I didnt say that.

    :eek::eek::eek::eek::eek:

    :rotfl::rotfl::rotfl:

    Post edited :beer:
    No, because you deleted your post imbecile, or :rotfl::rotfl::rotfl:if you where actually joking. :wall:
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • Techno
    Techno Posts: 1,169 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks everyone. He is planning to plead guilty by post with a fully humble apology. It was on a dual carriageway but in roadworks with a temp 50mph and he was doing 77 :eek: so 2mph over the possibility of 3 points and a fixed penalty. He thought he was was still approaching the roadworks as sign said narrow lanes in 200m (but he had passed a 50mph sign because someone else has been caught in the same spot and has posted the piccies on pepipoo) - I suppose it was sunday evening, very few other cars on the road and no-one working in the roadworks at the time and he generally doesn't travel too many miles over the speed limit (more to do with petrol consumption than not speeding :) so in 30 years of driving has not had a speeding ticket but he was speeding even for a dual carriageway so we have to hope it won't be a ban if they take his clean license and guilty plea into account
    ;) If you think you are too small to make a difference, try getting in bed with a mosquito!
  • forgotmyname
    forgotmyname Posts: 32,946 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cyclonebri1, lol Yep i edited it quick as i could lol

    imbecile? I have proof i am sane, Bought it off ebay.


    Techno, I got done in a similar way, National limit dual carriageway, They started roadworks
    putting 30mph signs up. Later they moved the roadworks down but left the 30mph signs up
    in the same place, Got done for doing 40.
    Was cheaper to pay £60 than waste time & money trying to appeal.
    Censorship Reigns Supreme in Troll City...

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