Unfair Speeding Fine

Lapadore16

My husband and I were coming back from visiting relatives on August Bank Holiday Monday this year, 2016. A camera flashed on our way home. A few MONTHS later a notice of speeding came through. Apparently he was doing three miles per hour more than the speed limit. He was in a rush to find a loo as he has prostate problems. Filled in the forms, explained the situation. Something our doctor could confirm. We didn't hear anything else for a few more MONTHS. Then came a notice of fine, saying he could put his case forward to a magistrate to explain extenuating circumstances. We did that. Heard nothing more for a couple more MONTHS. Then today an e mail came to say he had to pay £215. This is made up of Costs of £85, a surcharge to fund victim services of £30, then the actual fine of £100 I don't understand any of this. I have paid it and am hoping I can get it refunded if we can prove the medical problem. Does anybody know how I can take this further? Thanks.

Stoke

I wouldn't have paid it. I think that was a mistake. You might be able to appeal it, but unlikely.

dannyrst

I'm no expert, but medical condition or not, needing the loo isn't an excuse to speed.

neilmcl

dannyrst wrote: »

I'm no expert, but medical condition or not, needing the loo isn't an excuse to speed.

Tell that Sir Alex Ferguson

comeandgo

It is if you need to move your bowels, no sure on a wee though, men can stop and wee, something to do with lorry and taxi drivers.

Car_54

It sounds as though the OP has not received the court summons, for some reason.

The normal advice would be to make a statutory declaration, which would effectively cancel the conviction and the case would be summonsed again.

However (a) the fact that she has paid the fine has probably closed that route, and (b) I've read nothing to suggest that the outcome would be any different. Indeed, the low fine suggests that the "extenuating circumstances" may have been considered.

I would be interested to see written evidence that the speed was only 3 mphover the limit. The normanl starting poinnt for action is 5 mph in a 30 limit.

shaun_from_Africa

Is it normal practice for the courts to e-mail someone to advise them of the outcome of a case and of how much they have to pay?
I have always assumed (maybe wrongly) that any legal correspondence from the would always be sent by post.

spadoosh

Lapadore16 wrote: »

My husband and I were coming back from visiting relatives on August Bank Holiday Monday this year, 2016. A camera flashed on our way home. A few MONTHS later a notice of speeding came through. Apparently he was doing three miles per hour more than the speed limit. He was in a rush to find a loo as he has prostate problems. Filled in the forms, explained the situation. Something our doctor could confirm. We didn't hear anything else for a few more MONTHS. Then came a notice of fine, saying he could put his case forward to a magistrate to explain extenuating circumstances. We did that. Heard nothing more for a couple more MONTHS. Then today an e mail came to say he had to pay £215. This is made up of Costs of £85, a surcharge to fund victim services of £30, then the actual fine of £100 I don't understand any of this. I have paid it and am hoping I can get it refunded if we can prove the medical problem. Does anybody know how I can take this further? Thanks.

Are you exaggerating the length of time between letters?

Caught speeding 29/08/16
+ 2months 29/10/16 When you received notification of speeding and responded
+ 2 months 29/12/16 When you recieved a fine and could argue at magistrates
+ 2 months 29(28)/02/17. And thats today?

Dont BS, it wont help.

curty510

3mph over the limit may seem unfair and i probably agree with you, but it was over the limit. Needing a wee is hardly a life & death emergency, pay up and move on....

AdrianC

Lapadore16 wrote: »

A few MONTHS later a notice of speeding came through.

Is the car registered to your or his name, and your current home address?

Apparently he was doing three miles per hour more than the speed limit.

Sorry, I do not believe you. The guideline threshold for prosecution is higher than that.

He was in a rush to find a loo as he has prostate problems.

Irrelevant. If anything, that makes it worse, as his attention was not on his driving.

Then came a notice of fine, saying he could put his case forward to a magistrate to explain extenuating circumstances. We did that.

Yep, that's the normal process if you want to argue the case.

Heard nothing more for a couple more MONTHS. Then today an e mail came to say he had to pay £215.

So you didn't receive the letter telling you where and when his case was being heard, and offered no defence.

I have paid it and am hoping I can get it refunded

I think you should have appealed before paying - was there no appeal information in with that letter?
https://www.gov.uk/appeal-against-sentence-conviction/magistrates-court-verdict

You also need to address the massive discrepancies in your dates, because they simply suggest that much of the rest of your post is similarly exaggerated.

jase1

I'm interested to know how much time would be saved by travelling at 33mph rather than 30mph.