Simply can not afford to pay speeding fine?

Car_54

If it goes to court, not only will the fine probably be higher but there will be prosecution costs (min. £85) and a victim surcharge (min. £20).

You may be able to pay by instalments, but the total will be MUCH more than the £100 FP.

PCMcGarry

Car_54 wrote: »

If it goes to court, not only will the fine probably be higher but there will be prosecution costs (min. £85) and a victim surcharge (min. £20).

You may be able to pay by instalments, but the total will be MUCH more than the £100 FP.

It won't be £85 prosecution costs for a guilty plea at first hearing, plus she'll get a third off. A good arguement my see a fine the same as a fixed penalty. So a few quid more and payment by instalments. However it is a gamble.

Aretnap

PCMcGarry wrote: »

I think using the term to avoid prosecution is misleading as once a fixed penalty notice is complied with it results in a conviction.

Well, if you want to be pedantic about it...

http://www.legislation.gov.uk/ukpga/1988/53/section/77

Where (a person accepts a fixed penalty) he shall be treated for the purposes of (various things) as if... he had been convicted of the offence

So the law doesn't think it results in a conviction - it just treats it as if it were a conviction for certain purposes. Similarly it's not a prosecution - though the end result may feel much the same.

PCMcGarry

Aretnap wrote: »

Well, if you want to be pedantic about it...

http://www.legislation.gov.uk/ukpga/1988/53/section/77

So the law doesn't think it results in a conviction - it just treats it as if it were a conviction for certain purposes. Similarly it's not a prosecution - though the end result may feel much the same.

For motoring matters it's the same, go get an insurance quote and see how much difference fpn points make as opposed to court ones.

And you do realised that link is out of date?

Hermione_Granger

Aretnap wrote: »

So the law doesn't think it results in a conviction

If by accepting the fixed penalty you are stating that you are guilty then this government webpage would class it as a conviction
https://www.bradford.gov.uk/NR/rdonlyres/3AB4E731-4C84-44D4-9B7B-EBE1D1E23FFE/0/GuidelinestoConvictions.pdf

1. What is a conviction?

[FONT=Arial,Arial][FONT=Arial,Arial]A conviction is when someone has been found guilty or pleaded[/FONT][/FONT]
[FONT=Arial,Arial][FONT=Arial,Arial]guilty to an offence.[/FONT][/FONT]

bigjl

Jennifer3829 wrote: »

I thought the speed limit was 70 until i got flashed (I realised as soon as it happened) then I stared to see the 50mph reduced signs. The train would have been £80 and it only cost us £40 in petrol so thought it would be the most cost effective idea. I will probably see if my sister can help me if the only way to negotiate is going to court as seems more of a complex process than it needs to be.

Why didn't your sister offer to pay the ticket since she was given it first?

PCMcGarry

bigjl wrote: »

Why didn't your sister offer to pay the ticket since she was given it first?

Because it would have been a nip and 172 when sent to the registered keeper.

Aretnap

PCMcGarry wrote: »

For motoring matters it's the same, go get an insurance quote and see how much difference fpn points make as opposed to court ones.

You're the one who wanted to be pedantic. And last time I got an insurance quote it asked me about "convictions or fixed penalties". So insurance companies know that fixed penalties are not the same as convictions - even if they do treat them in the same way when calculating premiums..

And you do realised that link is out of date?

Yes, the legislation website often is, and of course now it is your driving record which is endorsed, not your counterpart. But that's irrelevant to the point I was making - nothing has changed about the principle that a fixed penalty is (subtly) different to an actual conviction.

Aretnap

Hermione_Granger wrote: »

If by accepting the fixed penalty you are stating that you are guilty then this government webpage would class it as a conviction
https://www.bradford.gov.uk/NR/rdonlyres/3AB4E731-4C84-44D4-9B7B-EBE1D1E23FFE/0/GuidelinestoConvictions.pdf
1. What is a conviction?

[FONT=Arial,Arial][FONT=Arial,Arial]A conviction is when someone has been found guilty or pleaded[/FONT][/FONT]
[FONT=Arial,Arial][FONT=Arial,Arial]guilty to an offence.[/FONT][/FONT]

No admission of guilt is necessary to accept a fixed penalty, and in any event an admission of guilt is not the same as pleading guilty to something - you can only do the latter if you have actually been charged.

tight_scotsman

Dont you just love all the judgemental folk on here. The poster came
on with a question regarding her inability to pay a fixed penalty.if you have nothing constructive to post then why bother?.
my advice would be to contact a lawyer or CAB im sure she can find some free legal advice at a goverment funded advice centre.

To the poster who brought up the question of insurance some folk like myself have a any driver with owners permission to drive.Yet again people jumping to conclusions when they are not aware of the facts.