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Appeal against motoring conviction

24

Comments

  • Bossyboots
    Bossyboots Posts: 6,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thanks for the above advice. The decision making process was definately flawed, plus the fine imposed is simply out of all proportion. Can any one advise what the court costs are for an appeal in this manner.

    There is no fee for lodging the appeal. However you should be aware that the original sentence can be increased and you could be ordered to pay at the very least a contribution towards, if not all, the prosecution costs if you fail to win any point of the appeal.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    I once received a speeding fine,it seemed high,but my solicitor advised me appealing against the fine could result in a higher fine,i had commited the offence,so had to accept it.I had a solicitor to represent me in court,and his advice managed to save my licence.Without his advice i would surely have lost it.

    edit-sorry bossyboots has said something similar.

    Why not consult a solicitor on the likelihood of winning ,first?
  • hollydays wrote:
    I once received a speeding fine,it seemed high,but my solicitor advised me appealing against the fine could result in a higher fine,i had commited the offence,so had to accept it.I had a solicitor to represent me in court,and his advice managed to save my licence.Without his advice i would surely have lost it.

    edit-sorry bossyboots has said something similar.

    Why not consult a solicitor on the likelihood of winning ,first?

    Somewhat interestingly I have been advised away from this site, that the Magistrates Courts are run by the Police. The fact that you have Magistrates, Police and the CPS all being paid from the same Paymaster hardly makes for a fair, equitable and just system.

    Anyway, not too bothered now as have new job and will be leaving the country. I'll get a clean licence in my new country, and the fine can hang in the wind. I look forward to returning to the UK at Easter when I can set off as many speed cameras as I like and my licence won't be endorseable!:j
  • Bossyboots
    Bossyboots Posts: 6,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    hollydays wrote:
    I once received a speeding fine,it seemed high,but my solicitor advised me appealing against the fine could result in a higher fine,i had commited the offence,so had to accept it.I had a solicitor to represent me in court,and his advice managed to save my licence.Without his advice i would surely have lost it.

    edit-sorry bossyboots has said something similar.

    Why not consult a solicitor on the likelihood of winning ,first?

    Thats okay, its always nice to have things backed up with personal examples.

    In your case, the high fine would have been imposed because you didn't lose your licence. There is usually a trade off for escaping one form of punishment in this sort of thing.
  • Bossyboots wrote:
    There is no fee for lodging the appeal. However you should be aware that the original sentence can be increased and you could be ordered to pay at the very least a contribution towards, if not all, the prosecution costs if you fail to win any point of the appeal.

    Makes you wonder doesn't it? you could be ordered to pay at the very least a contribution towards, if not all, the prosecution costs if you fail to win any point of the appeal.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are magistrates paid?
  • Bossyboots
    Bossyboots Posts: 6,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Makes you wonder doesn't it? you could be ordered to pay at the very least a contribution towards, if not all, the prosecution costs if you fail to win any point of the appeal.


    hollydays- magistrates are not paid
  • Bossyboots wrote:
    hollydays- magistrates are not paid

    They are paid expenses though. And they get to lord it over those deemed lower than themselves. They clearly are in cahoots with the CPS/Police, otherwise their futures would be in jeopardy. They are hardly unbiased and impartial.
  • Would just like to add at this stage, that my conviction is not for speeding.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They are paid expenses though. And they get to lord it over those deemed lower than themselves. They clearly are in cahoots with the CPS/Police, otherwise their futures would be in jeopardy. They are hardly unbiased and impartial.

    .Their "unpaid" futures would be in jeopardy....??
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