Appeal against magistrates court penalty

petemattw

i stopped at a junction where i turned 180 degrees back on myself in a car i'd been loaned. I'd used the cruise control to limit my speed to 50 mph which was the road speed on the main highway. Not being familair with the car (this was one of many cars i'd had in the previous few days) i accidently hit the resume button on the cruise control. Pulling away from a junction i obviously was accelerating, but then the car continued to accelerate. when I realised this I went for the brakes but by this time I'd gone through the speed camera. Having used the cruise control to maintain my speed and stay legal, this was what acctually ended up being my downfall. I can get evidence from the dealership that this was one of several cars i'd borrowed in a short space of time having only jut taken delivery of a new car which spent 6 weeks back at the dealership. I literally was in the car, accelerated from junction, continued to accelerate due to CC, hit brakes, went through speed camera.

The whole issue has arised due to unfamiliarity with the car. In my own vehicle you can set a speed limiter at the push of a button. I feel that I've been hit with a massive fine as the car I was in was a brand new BMW 7 series and they think i've got the money to pay the fine. In reality, I'm struggling to live month to month.

petemattw

I'd even discussed this with a known retired magistrate, and he said that he didn't think it would be an issue and would probably be cancelled. It's down to the judgement of whoever is the magistrate on the day. Just feel that through lack of guidance, knowledge or whatever I've been hit with a penalty far far in excess of what was originally stated. Is it possible to turn back time?

[Deleted User]

Half_way wrote: »

Ouch! as above to win this you need some serious advice and expertise.

Or, to actually be innocent, with solid evidence to present.

Johnmcl7

petemattw wrote: »

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!

The fixed penalty notice is as the name suggests fixed, it doesn't matter if you earn nothing or if you earn a massive sum of money it is the same amount of money and the same amount of points. In court however the fine is based on your income and then court costs and the victim support tax are also added which will make the total cost quite a bit higher.

42 in a 30 I believe should have been a band B fine which has a starting point of around 100% of your total weekly income (not the disposable income), if the courts don't have the financial information they assume around £350 which seems lower than what you have been fined taking costs and guilty discount into consideration. If the fine on its own is substantially different to the guidelines then you may be able to lower it on appeal to bring it back in line with guidelines but not down to FPN levels I don't think. The number of points are in line with speeding at 42mph in a 30.

Were you offered a fixed penalty notice or speeding awareness course? Did you plead guilty by post?

John

bargepole

petemattw wrote: »

i stopped at a junction where i turned 180 degrees back on myself in a car i'd been loaned. I'd used the cruise control to limit my speed to 50 mph which was the road speed on the main highway. Not being familair with the car (this was one of many cars i'd had in the previous few days) i accidently hit the resume button on the cruise control. Pulling away from a junction i obviously was accelerating, but then the car continued to accelerate. when I realised this I went for the brakes but by this time I'd gone through the speed camera. Having used the cruise control to maintain my speed and stay legal, this was what acctually ended up being my downfall. I can get evidence from the dealership that this was one of several cars i'd borrowed in a short space of time having only jut taken delivery of a new car which spent 6 weeks back at the dealership. I literally was in the car, accelerated from junction, continued to accelerate due to CC, hit brakes, went through speed camera.

The whole issue has arised due to unfamiliarity with the car. In my own vehicle you can set a speed limiter at the push of a button. I feel that I've been hit with a massive fine as the car I was in was a brand new BMW 7 series and they think i've got the money to pay the fine. In reality, I'm struggling to live month to month.

If this was your defence at the original hearing, I'm not surprised you got chewed up and spat out.

You can ask this question on here or on Pepipoo, but my answer will be the same.

[Deleted User]

petemattw wrote: »

The whole issue has arised due to unfamiliarity with the car.

I don't see how not being familiar with the car, is a defence against speeding.

If anything, it would be evidence for a charge of not being in proper control.

You admit you were exceeding the speed limit, hence you were speeding, so I don't see how you could be acquitted :huh:

petemattw

Johnmcl7 wrote: »

The fixed penalty notice is as the name suggests fixed, it doesn't matter if you earn nothing or if you earn a massive sum of money it is the same amount of money and the same amount of points. In court however the fine is based on your income and then court costs and the victim support tax are also added which will make the total cost quite a bit higher.

42 in a 30 I believe should have been a band B fine which has a starting point of around 100% of your total weekly income (not the disposable income), if the courts don't have the financial information they assume around £350 which seems lower than what you have been fined taking costs and guilty discount into consideration. If the fine on its own is substantially different to the guidelines then you may be able to lower it on appeal to bring it back in line with guidelines but not down to FPN levels I don't think. The number of points are in line with speeding at 42mph in a 30.

Were you offered a fixed penalty notice or speeding awareness course? Did you plead guilty by post?

John

Hi,

I was offered a FPN or speeding awareness course. I pleaded guilty in person this morning at court as I was under the impression this was the best thing to do. I just feel that i'm being unduly punished for something which if a police officer had witnessed would have been a non-starter. It was 7.30am on a saturday morning, i didn't see another car on the road and I breached the speed limit for less then 10 seconds and it's going to cost me £500 directly and ££££ indirectly through increased insurance, potential loss of career oportunities etc. I don't understand how the FPN and the result i've had today can differ so massively for the same offence?!

[Deleted User]

Johnmcl7 wrote: »

Were you offered a fixed penalty notice or speeding awareness course?

His OP says yes.

Having been originally offered £60 fine + 3 points or speed awareness course

Did you plead guilty by post?

His OP says no.

I contested this in court

petemattw

Bedsit_Bob wrote: »

I don't see how not being familiar with the car, is a defence against speeding.

If anything, it would be evidence for a charge of not being in proper control.

You admit you were exceeding the speed limit, hence you were speeding, so I don't see how you could be acquitted :huh:

You could argue anyone looking at sat nav or chanign radio is not in control of their car for the two seconds it takes to do that. I was in control, i didn't realise I'd resumed the cruise control until the car accelerated beyond 30 mph, then I reacted to bring it back down to speed, but in the time and distance, and i'm talking about 100 yards or less here, I'd gone through a camera and this is where I now am.

esmerobbo

So you wanted to offer mitigation and ask the court to impose less then £60 and lower then 3 points?