Can I appeal against fine

Sussexman

About two months ago I unintentionally drove through a set of red traffic lights which resulted in the activation of a roadside camera. I knew immediately I had done wrong and it was not a case of trying to 'jump' the lights but I just did not see them as I was driving in a new area and focused on a set of red traffic lights at the next junction some 75yds further up the road.
A week later I received a Notice of Intended Prosecution from the police. I returned it within 24hrs stating that I was the driver of the vehicle at the time. I then expected to receive a fixed penalty notice. I heard nothing for six weeks then got a summons informing me that the case was to be heard at the local Magistrates court.
I again returned the necessary forms together with a letter addressed to the Magistrates apologising for committing the offence etc. I also explained that I would be on holiday at the time of the court hearing and requested 28 days to make payment as it would be some 12 days after the court hearing before I returned home.
The outcome was that I was fined £167, plus £85 costs plus £15 victim surcharge. I was given just 14 days to pay. Looking around it seems the average penalty is £60. How can I be sure that my letter was ever seen by the Magistrates or read to them? I cannot see any court i posing a penalty with a time frame that they know cannot be met.
The end result is that the penalty is now overdue by 24hrs. Is there any grounds for appeal as I have pleaded guilty at all stages and was informed that even at court Magistrates will give a lesser penalty for an early guilty plea. The ampiount of fine is a very odd amount. My suspicions is that my letter was never heard by the Magistrates and I have been treated as a person who has not co-operated with the courts.
Have I got any grounds to appeal against the size of the fine and how do I establish if the Magistrates took into consideation my letter and what they said if they did?
I am constrained by time so any useful and constructive replies would be most welcomed.

bigjl.

Have you surrendered your licence yet?

You don't want the next step to be revokation.

interstellaflyer

Sorry but why should you think you can jump a red light and then have the guale to ask if you can appeal against the courts decission, what if that set of lights was for a pedestrian crossing and you whilst in little world of your own managed to kill an innocent child that was using the crossing at the time, driving through a red light because you didn't see it is admitting to driving without due care and attention, sorry to be harsh but you deserve all you get, accept the penalty and learn from it.

anotherbaldrick

You just "did not see" the red lights ? Are there many like you down in rural Sussex ? AVOID SUSSEX.
Hey up that's the County where they routinely pull motorists over on pretext of a vehicle check but in truth to breath test them. AVOID SUSSEX.

esmerobbo

A fine at magistrates is calculated against what you earn. The £60 is for an FPN. The maximum for a red light offence is £1000!

Wig

You'll notice the usual internet habit of people replying but not answering your questions and instead all they type is their usual "holier than thou" guff.

I don't know your answers. But the fine did seem reasonable to me, I doubt a mags court would issue much less than £150 for a red light. £60 is an FPN (out of court settlement) as the previous poster said.

You could try newsgroup (through google groups)
Alt.uk.legal
alt.uk.legal.moderated

For advice on court procedures,

Nearly_Old

If the original NIP was returned by the OP within 24 hours then it would appear that this was either a) not delivered; or b) lost internally as there does not appear to any other reason for a summons to be issued.

OP did you retain proof of postage? Send the NIP by recorded or special delivery? Have you phoned to ask why the original NIP that you returned was not dealt with? My wife has had a couple of problems with a NIP and when she phoned found the people she dealt with very helpful in getting the issues resolved.

As you didn't appear in court and your letter has apparently been ignored you could seek profesional advice to see if you can be given the opportunity to present your case. It may just then be possible to open up the question of the original NIP as long as you at least have proof of postage. The best outcome would then be a FPN and £60.

TadleyBaggie

Red light offences will go straight to summons if the "time into red" is anything over 4 seconds or so. Also level crossing red light offences will also go straight to summons too.

bigjl.

Nearly_Old wrote: »

If the original NIP was returned by the OP within 24 hours then it would appear that this was either a) not delivered; or b) lost internally as there does not appear to any other reason for a summons to be issued.

And if that were the case the OP would have been prosectuted for failing to respond, as there would be no evidence of who was driving.;)