Appeal against magistrates court penalty

petemattw

Hi,

Quick back ground, was caught doing 42 in a 30. For reasons i won't go into I contested this in court. Having been originally offered £60 fine + 3 points or speed awareness course I've now been hit with £400 fine + 4 points + costs etc.

I'm planning to appeal against this as this will give me 7 points which means I can't drive any of the works vehicles, and also stops me from hiring minibuses (I run a scout group).

Can anyone offer any insight into what happens when I appeal and also why the penalty has multiplied by a factor of 8. I thought this was considered a trivial issue as it was originally a speed course/3points is there anyway in hindsight I can ask for the original penalty??

[Deleted User]

Are you intending to appeal the conviction, sentence, or both?

petemattw

I had caught the cruise control resume button on a courtesy car that i was returning to the dealership. I wasn't immediately aware that i was speeding and being early in the morning and the only car on the road didn'tsee the urgency to slamming the brakes on - obviously I wasn't aware there was a camera otherwise I'd have wellied them on! I pleaded guilty, as this seemed the right thing to do. I was only going to appeal the sentence (penalty)

System

petemattw wrote: »

I thought this was considered a trivial issue as it was originally a speed course/3points is there anyway in hindsight I can ask for the original penalty??

It ceased to be trivial as soon as you elected the court route.

A gamble that failed badly.

[Deleted User]

What grounds do you believe you have, for appealing the sentence?

ETA: I'm not aware of any "special circumstances" arguments against points/endorsements, only against disqualification.

petemattw

I wanted to appeal on the basis of the impact that the penalties will have on my work life and social life.

I will not be eligible to travel for work with the 7 points, limiting my career with my current employer, and also I will no longer be able to take my scout group out as we have 20 kids and there are only two leaders who can drive, me being one of them.

Is it fair that the penalty increases so much without being told? I thought that if the penalty stood it may be 3 points and £60 or a bit more, but not a jump by a factor of 8. How can it be fair that if you ust accept it you get punished but if you dare challenge it you effectively get financially raped?!

I also don't believe that my paperwork was reviewed prior to giving me the penalty as currently my outgoings are greater than my earnings resulting in a monthly net outflow!

SodG24

petemattw wrote: »

I wanted to appeal on the basis of the impact that the penalties will have on my work life and social life.

I will not be eligible to travel for work with the 7 points, limiting my career with my current employer, and also I will no longer be able to take my scout group out as we have 20 kids and there are only two leaders who can drive, me being one of them.

Is it fair that the penalty increases so much without being told? I thought that if the penalty stood it may be 3 points and £60 or a bit more, but not a jump by a factor of 8. How can it be fair that if you ust accept it you get punished but if you dare challenge it you effectively get financially raped?!

I also don't believe that my paperwork was reviewed prior to giving me the penalty as currently my outgoings are greater than my earnings resulting in a monthly net outflow!

If you being able to drive is so key to your life why on earth did you not take the original offer ? You pleaded guilty so what exactly were you appealing ?

The one and only speeding ticket I got clearly identified the risk of opting for court.

bargepole

petemattw wrote: »

... For reasons I won't go into I contested this in court....

This is the crux of the matter.

We need to know what your defence was if you were pleading not guilty.

If you go to court with what is seen as a hopeless defence, or a fishing expedition, they will hit you much harder for wasting court time.

[Deleted User]

petemattw wrote: »

Is it fair that the penalty increases so much without being told?

You weren't told?

Doesn't the NIP state the possible consequences of going to trial and losing?

interstellaflyer

The problem is that you choose to contest it, you should of taken up the offer of the speed awareness course, you will only win this sort of case in court if your name is Sir Alex Ferguson.

Half_way

Ouch! as above to win this you need some serious advice and expertise.
i would also sugest that you go over to the forums at pepipoo.com