Appeal against magistrates court penalty

petemattw

esmerobbo wrote: »

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

EXACTLY! but it seems to have gone wrong, and now I'm looking for advice on what to do next

[Deleted User]

petemattw wrote: »

I pleaded guilty in person this morning at court as I was under the impression this was the best thing to do.

The best thing to do, was to take the FPN, instead of going to court, just to plead guilty anyway.

I don't understand how the FPN and the result i've had today can differ so massively for the same offence?!

Because you elected to go to court (and offered no defence), instead of pleading guilty at the FPN stage.

[Deleted User]

petemattw wrote: »

and now I'm looking for advice on what to do next

TBH. I don't think there is anything to do next, but pay the fine and take the points.

BTW. I notice you say you received 4 points, but are referring to you having 7 points.

Would I be right in thinking, you have had a previous speeding conviction, in the last 4 years?

[Deleted User]

esmerobbo wrote: »

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

I don't think they can.

esmerobbo

petemattw wrote: »

EXACTLY! but it seems to have gone wrong, and now I'm looking for advice on what to do next

Unfortunately it cant happen if you plead guilty, 3 points are mandatory and as stated the fine is based on your income. Did you not ask for advise before going to court?

The only time its worth going to court with a guilty plea when offered a FPN is to try and avoid a ban!

petemattw

Bedsit_Bob wrote: »

TBH. I don't think there is anything to do next, but pay the fine and take the points.

But is it not reasonable, that the penalty not have such a massive impact. This will limit my career with my current employer and screw up what I can do with my Scouts unless I can find someone who will hire with 7 penalty points, or find another person to become a leader who can drive, and I don't see either of those happening.

How is it that you hear of footballers breaking the speed limit by much greater margins ang getting lower fines that i've received?

dacouch

If you're pulling away from a junction with cruise control on, it switches off if you use the brake or gas, surely you must have used the gas to pull away

esmerobbo

petemattw wrote: »

How is it that you hear of footballers breaking the speed limit by much greater margins ang getting lower fines that i've received?

Because they earn daft amounts and can hire the likes of Nick Freeman.;)

[Deleted User]

petemattw wrote: »

But is it not reasonable, that the penalty not have such a massive impact.

It's perfectly reasonable, given that you elected to go to trial, with no defence.

petemattw

dacouch wrote: »

If you're pulling away from a junction with cruise control on, it switches off if you use the brake or gas, surely you must have used the gas to pull away

As i pulled away I was accelerating using the pedal, as I turned the wheel back to true I caught the CC resume button, as it's in a different place to mine and the car was a bit 4litre auto, so accelerating past 30 was hardly noticeable.

If i'd been in a small car I'd have noticed sooner, and reacted sooner and this wouldn't have been an issue.

I felt that by accepting the FPN that was an admission of guilt. I had no intention to drive at a speed above the limit, I've been caught for speeding previously and that is why I use the CC and speed limit function in my car on every journey. I'm really really annoyed about all this as the tools to help protect me are what have lead to my down fall.