Plea of Mitigation

shatteredneon

If anyone can help me I could really do with some advise.

I received a speeding ticket in December for doing 36 in a 30 zone.

As this was my first offence I was offered the option to take the speed awareness course to avoid 3 points. So I filled in the appropriate form and returned it (stupidly not via recorded delivery).

After hearing nothing for over a month I decided to contact the camera processing unit, to be told that they had not received my application for the course and the option to take the course is no longer available.

I was told I could either accept the 3 points and £60 or submit a plea of mitigation.

From what I understand a plea of mitigation means I accept the offence (which I do) but I request the magistrates court to reconsider the punishment. In my case I would ask to be allowed to take the course instead of receiving 3 points.

However I am unsure of the risks involved in a plea of mitigation, and any associated costs. I don't want to end up paying lots of legal costs or receiving a higher speeding fine but I do feel cheated out of my opportunity to take the course. After all there is not mention on the form about using recorded delivery.

Hintza

Recorded delivery probably wouldn't help anyway. A COP (certificate of posting) is what you realy want which is free when you post.

Personally I would just take the three points (would be very annoyed though) assuming I wasn't a young driver.

I thinkthe risk is too great otherwise of a bigger fine especially.

shatteredneon

Thanks Hintza, I will probably have to follow your advice and take the points but I'm not happy about it.

I was hoping someone at the camera processing unit would be able to respond reasonably to my request and just register me for the course but there seems to be a case of 'computer says no'. They are less than helpful at that place.

I do think this system is a bit of a joke, surely being able to respond a speeding offence online would be a more secure and reliable system.

The certificate of posting is news to me but I will make use of that in the future.

muckybutt

Id pop over to pepipoo and ask their advice http://forums.pepipoo.com/index.php?showforum=4

NeverAgain_2

I would plead my case in court.

You are accepting the offence, so you are only asking for the chance to take the course.

In court, you need to be humble, but not obsequious.

Apologise for speeding, and tell the bench it was always your intention to plead guilty and take the speed awareness course.

Do not, under any circumstances, blame the people to whom you sent the form for the mix-up.

Keep that side of things neutral. "I am as certain as I can be I posted the form," your worships. "But perhaps I didn't.

"I was annoyed with myself for letting my speed increase, so was upset at the time."

The magistrates may buy your posting excuse, the post was a bit cranky in Dec/Jan because of the weather.

Chances are they will let you do the course.

The chances of an increased penalty are very low, assuming you are on a modest income.

alastairq

The chances of an increased penalty are very low, assuming you are on a modest income.

A standard tariff applies when a case is heard in Court....accepting an early guilty plea brings a discount on that tariff.

OP needs to be aware, that if they opt to offer mitigation to a guilty plea, then there is also a [£15 ??] applicable to the victim's fund [again, terminology might be in error]...which is applied to all fines issued in Court..

I may be wrong, but I don't think the 'speed awareness' course are actually part of the Court's remit..or the judicial system...but stem from SCP's or Police forces' initiatives...

NeverAgain_2

Fines in magistrates' courts are means-tested to a limited degree, they use a multiplier of a 'standard income'.

The bench can pass a penalty with the alternative of a speed awareness course.

vaio

alastairq wrote: »

.......I may be wrong, but I don't think the 'speed awareness' course are actually part of the Court's remit..or the judicial system...but stem from SCP's or Police forces' initiatives...

That's what I thought too