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Court action mitigating circumstances
joio
post Thu, 22 Nov 2018 - 19:15
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Hi
Back in June i got caught speeding 29 in a 20 zone and was sent 2 NIP to my old address in July, unfortunately i was in process of moving into my partners place slowly over time and so never saw these as i was away on holiday, staying with her. Then on 1st Sep i had a accident and was off work for several weeks and unable to drive and was staying at my partners house so i was unable to pick up my mail. Then in Oct when i was able to drive i picked up my mail and discovered the NIP, i contacted them and explained and returned the NIP. I have now had a notice taking me to court and while im guilty of the speeding offence, could i use the fact that due to me moving and missing my mail, accident i did not see the original NIP and respond to it and be dealt with a fixed penalty notice. Could i use this in my mitigation? and am i better off not to give them details of my income. I have now since changed my address details on my licence since moving in full time. All advice appreciated
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post Thu, 22 Nov 2018 - 19:15
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southpaw82
post Thu, 22 Nov 2018 - 19:33
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QUOTE (joio @ Thu, 22 Nov 2018 - 19:15) *
Could i use this in my mitigation?


Yes.

QUOTE
and am i better off not to give them details of my income.

As that may be an offence nobody is going to advise that.


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peterguk
post Thu, 22 Nov 2018 - 19:33
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QUOTE (joio @ Thu, 22 Nov 2018 - 19:15) *
I have now since changed my address details on my licence


You also need to change your vehicle's V5C address too. It is the V5C address the police use for NIPs, not the DL.


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Logician
post Thu, 22 Nov 2018 - 20:01
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QUOTE (joio @ Thu, 22 Nov 2018 - 19:15) *
I have now had a notice taking me to court


What offence(s) are listed on the notice, is it simply speeding or is it speeding and failing to furnish information, s.172?



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joio
post Sat, 24 Nov 2018 - 12:07
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Hi
Under offence charged it is speeding listed with RR84210. Do I need to get solicitors advice here or just state the mitigation as I have here ? Are the details checked on the MC100 form?
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southpaw82
post Sat, 24 Nov 2018 - 12:20
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QUOTE (joio @ Sat, 24 Nov 2018 - 12:07) *
Are the details checked on the MC100 form?

It sounds very much like you’re intending to lie on the form. Don’t.


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cp8759
post Sat, 24 Nov 2018 - 19:11
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QUOTE (joio @ Sat, 24 Nov 2018 - 12:07) *
Hi
Under offence charged it is speeding listed with RR84210. Do I need to get solicitors advice here or just state the mitigation as I have here ? Are the details checked on the MC100 form?

I suspect they don't ask you for your NI number just for fun. As one DJ(MC) likes to put it, supplying false information on the form could lead to a fine or imprisonment or both.


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Logician
post Sun, 25 Nov 2018 - 00:13
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The sentencing guidelines state:

No reliable information

Where an offender has failed to provide information, or the court is not satisfied that it has been given sufficient reliable information, it is entitled to make such determination as it thinks fit regarding the financial circumstances of the offender (CJA 2003, s.164(5)). Any determination should be clearly stated on the court records for use in any subsequent variation or enforcement proceedings. In such cases, a record should also be made of the applicable fine band and the court’s assessment of the position of the offence within that band based on the seriousness of the offence.

Where there is no information on which a determination can be made, the court should proceed on the basis of an assumed relevant weekly income of £440. This is derived from national median pre- tax earnings*; a gross figure is used as, in the absence of financial information from the offender, it is not possible to calculate appropriate deductions.

Where there is some information that tends to suggest a significantly lower or higher income than the recommended £440 default sum, the court should make a determination based on that information.


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joio
post Sun, 25 Nov 2018 - 18:28
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ok thanks for that, I do earn more than the 440 quoted above so is it better i not fill in the form ??. Do i need to get solicitors help advice here or should i just state the above mitigation on the form and send it away to get the discounted fine. Is the above charge code just for the speeding???
thanks
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peterguk
post Sun, 25 Nov 2018 - 18:58
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QUOTE (joio @ Sun, 25 Nov 2018 - 18:28) *
so is it better i not fill in the form ??.


Read the replies above. No one here is going to suggest not completing the form.

QUOTE (joio @ Sun, 25 Nov 2018 - 18:28) *
Do i need to get solicitors help advice here or should i just state the above mitigation on the form and send it away to get the discounted fine. Is the above charge code just for the speeding???
thanks


You don't need a solicitor for a simple guilty plea.

Is speeding the only offence listed? The code is an internal reference and means nothing here.


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Jlc
post Sun, 25 Nov 2018 - 19:01
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Fill in the form correctly. If sentenced correctly (it doesn't always happen) then the 'first offence' allowance should kick in with the maximum (£1,000) also. The 33% guilty discount too.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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joio
post Mon, 26 Nov 2018 - 21:15
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Hi speeding is the under the offence charged and front page charge listing. So shall I mention about the mitigation as on my original post why I did not respond to the s172?
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joio
post Wed, 28 Nov 2018 - 16:15
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Any advice here as I would like to send this away weekend
Thanks
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cp8759
post Wed, 28 Nov 2018 - 16:36
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QUOTE (joio @ Mon, 26 Nov 2018 - 21:15) *
Hi speeding is the under the offence charged and front page charge listing. So shall I mention about the mitigation as on my original post why I did not respond to the s172?

If speeding is the only offence charged, then the reasons for the late reply to the s172 request will be irrelevant and of no interest to anyone.

Or have they charged you with both speeding and the section 172 offence?


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joio
post Thu, 29 Nov 2018 - 19:19
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I can only see speeding under charges is there somewhere else I should be looking. It does mention the s172 in the evidence part and under make references to it in the whole thing
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cp8759
post Thu, 29 Nov 2018 - 21:01
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If you're only charge with speeding, then the reasons for the late reply to the s172 request will be irrelevant and of no interest to anyone. I guess you're planning on pleading guilty?


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Churchmouse
post Fri, 30 Nov 2018 - 00:11
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QUOTE (joio @ Thu, 29 Nov 2018 - 19:19) *
I can only see speeding under charges is there somewhere else I should be looking. It does mention the s172 in the evidence part and under make references to it in the whole thing

You should probably let someone else read it before you act on it.

--Churchmouse
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cp8759
post Fri, 30 Nov 2018 - 10:04
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QUOTE (Churchmouse @ Fri, 30 Nov 2018 - 00:11) *
QUOTE (joio @ Thu, 29 Nov 2018 - 19:19) *
I can only see speeding under charges is there somewhere else I should be looking. It does mention the s172 in the evidence part and under make references to it in the whole thing

You should probably let someone else read it before you act on it.

--Churchmouse

You could always upload a copy here, after redacting your name and address, and we can tell you for sure.


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joio
post Sat, 1 Dec 2018 - 21:37
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Sorry for whatever reason it will not upload the pic of charge sheet but i have read again and it only states speeding under offences charged, so does that mean no point in me stating the mitigating circumstances. what else will help me here?
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cp8759
post Sat, 1 Dec 2018 - 22:02
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You can upload it to imgur.com and post a link. However ultimately if you're only charged with speeding then, as I explained, nobody is going to care why the s172 response was late. It's simply irrelevant.


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