Mitigation Letter Help |
Mitigation Letter Help |
Sat, 17 Aug 2019 - 09:04
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#1
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New Member Group: Members Posts: 7 Joined: 17 Aug 2019 Member No.: 105,287 |
Hey everyone,
i am new to the forum and have been summoned to court for speeding and chose to plead guilty and appear in court. i have finally got the date for this and now need to write up a letter of mitigation and would appreciate some help in how to write this. Before someone asks all the paperwork got sent to me in time ... just. so here is the offence background: date of offence 28.12.18 caught doing 58 in a 30 by an officer with a speed gun weather was damp but not raining at the time i have no prior convictions or points, have held my licence about 6 years, i am 24, travel over 30,000 miles a year (roughly) with most of them being for work, i have 2 cars and use one of them to teach motorsport driving and provide charity rides in it when i am not working my normal job. - do i mention this? i have an autistic brother who i take for days out when i can- assuming this wont count as a day out is not a necessity? if i get a ban i would not be ale to work and dependant on length could lost my job as i am not able to take any holliday from work in october as well as working all over the country. i can get a character reference from both the motorsport company and my employer - is it worth getting them and if so what to include in them? below is my current draft: Dear Sir's, I plead guilty to my crime and accept full responsibility for my actions in relation to this. I am truly sorry for this as i know too well the dangers that my actions could have caused during my brief lack of concentration on that day. I know that I have now have tarnished my otherwise clean driving record of 6 years, travelling around 30,000 miles per year mostly for work without any prior endorsements or accidents. When considering my punishment for this crime I would be extremely grateful if you could consider my early plea. Yours Failtfully ------ This post has been edited by r33guy: Sat, 17 Aug 2019 - 10:32 |
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Sat, 17 Aug 2019 - 09:04
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Sat, 17 Aug 2019 - 09:42
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#2
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
The stuff about your job would be appropriate for an Exceptional Hardship plea when facing a totting ban but for a straight ban due to the speed excess this will almost certainly be ignored. Mitigation is about why the offence was was not as serious at it could be, the effect the of sentence plays no part of that.
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Sat, 17 Aug 2019 - 09:45
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#3
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New Member Group: Members Posts: 7 Joined: 17 Aug 2019 Member No.: 105,287 |
The stuff about your job would be appropriate for an Exceptional Hardship plea when facing a totting ban but for a straight ban due to the speed excess this will almost certainly be ignored. Mitigation is about why the offence was was not as serious at it could be, the effect the of sentence plays no part of that. so would it be better not to get a letter from my employer? i am assuming they wouldn't take it in to account for issuing points rather than a ban? |
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Sat, 17 Aug 2019 - 10:08
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#4
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
Others may disagree, but I would keep quiet about motorsport. Also, it should be "Yours faithfully".
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Sat, 17 Aug 2019 - 10:16
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#5
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New Member Group: Members Posts: 7 Joined: 17 Aug 2019 Member No.: 105,287 |
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Sat, 17 Aug 2019 - 10:23
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#6
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Member Group: Members Posts: 683 Joined: 19 Jul 2017 Member No.: 93,086 |
Perhaps if you could word it to emphasise the 'charity' side rather than the 'sport'...
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Sat, 17 Aug 2019 - 10:31
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#7
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New Member Group: Members Posts: 7 Joined: 17 Aug 2019 Member No.: 105,287 |
Perhaps if you could word it to emphasise the 'charity' side rather than the 'sport'... in the actual plea writing could I reference the letter and let the letter speak for its self. the company name may cause an issue though even though the company is about taking it off the street and it supports children in need and another charity local to the company. looking at what baggieboy said though i am not sure i can use this anyway as its not for exceptional hardship. in reality i know they can ban me and normally stick to the guidelines of 56 days max however are they more likely to give points as this obviosly is the better outcome for myself |
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Sat, 17 Aug 2019 - 11:38
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#8
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
in reality i know they can ban me and normally stick to the guidelines of 56 days max however are they more likely to give points as this obviosly is the better outcome for myself The 56 days is not actually the maximum - under exceptional circumstances they can go higher but wouldn't apply here. 58 in a 30 is borderline but 6 points is still quite possible. Have you actually been summoned to court or have a postal plea? A ban would likely be for 2-4 weeks. This post has been edited by Jlc: Sat, 17 Aug 2019 - 11:39 -------------------- 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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Sat, 17 Aug 2019 - 12:36
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#9
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New Member Group: Members Posts: 7 Joined: 17 Aug 2019 Member No.: 105,287 |
in reality i know they can ban me and normally stick to the guidelines of 56 days max however are they more likely to give points as this obviosly is the better outcome for myself The 56 days is not actually the maximum - under exceptional circumstances they can go higher but wouldn't apply here. 58 in a 30 is borderline but 6 points is still quite possible. Have you actually been summoned to court or have a postal plea? A ban would likely be for 2-4 weeks. I understand that it is not a max as once at court they can issue as they see fit however its not well known for a magistrate court to go outside the recommended. i think if i had a 2-4 week ban i would probably lose my job but i guess ill have to see what gets handed to me on the day. i got my summons and chose to plead guilty and appear in court as that is what i was advised previously. i am not sure that the mitigation draft i posted is sufficient or what kind of things should be included as i have been looking for examples and they are few and far between |
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Sat, 17 Aug 2019 - 14:51
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#10
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Member Group: Members Posts: 521 Joined: 15 Oct 2011 From: England Member No.: 50,387 |
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Sat, 17 Aug 2019 - 15:13
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#11
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New Member Group: Members Posts: 7 Joined: 17 Aug 2019 Member No.: 105,287 |
Dear Sir's, I'd find you guilty straight away on the grounds of apostrophe abuse. Probably best not to overstress the motorsport angle. didn't even think about that one so is just the below enough? Dear Sirs, I plead guilty to my crime and accept full responsibility for my actions in relation to this. I am truly sorry for this as i know too well the dangers that my actions could have caused during my brief lack of concentration on that day. I know that I have now have tarnished my otherwise clean driving record of 6 years, travelling around 30,000 miles per year mostly for work without any prior endorsements or accidents. When considering my punishment for this crime I would be extremely grateful if you could consider my early plea. Yours Faithfully |
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Sat, 17 Aug 2019 - 15:25
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#12
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Dear Sirs may not be appropriate if there is a female magistrate. Your Worships is more old-fashioned but gender neutral.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 17 Aug 2019 - 15:38
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#13
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New Member Group: Members Posts: 7 Joined: 17 Aug 2019 Member No.: 105,287 |
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