Speeding Fine + Crohn's Disease |
Speeding Fine + Crohn's Disease |
Wed, 5 Aug 2020 - 11:49
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#1
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Member Group: Members Posts: 63 Joined: 7 Nov 2011 Member No.: 50,894 |
Hi there,
I have been caught speeding at 42mph on a 30 road. At the time I was speeding but doing so as my partner, who suffers from Crohn's Disease, required me to "not wait" and get to a toilet as soon as possible. She has been suffering for many years now, and was the start of a month-long flare up. Today she has ordered the "can't wait" card (https://www.crohnsandcolitis.org.uk/get-involved/become-a-member/member-benefits/cant-wait-card) but am now in a position to either pay the £100 and get 3 points (already done the course) via the conditional offer of fixed penalty, or appeal. My questions are: 1) Is Crohn's something that would negate this fixed penalty? 2) Is it worth me appealing this? Thanks, |
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Wed, 5 Aug 2020 - 11:49
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Wed, 5 Aug 2020 - 12:50
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#2
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I've asked a moderator to move this to the right forum for you.
You can't appeal a fixed penalty (not least as there is no verdict to appeal against), you either accept it, or you do not. If you do not the case goes to court where you can then offer a defence. 1/ You can't 'negate a fixed penalty' but it may offer a defence (or a special reason not to endorse) to the original charge. 2/ You can possibly defend (or mitigate it to such a level that it amounts to a special reason not to endorse) but that will depend on a lot of factors As a starter. How far from home (or the toilet you were heading for) were you? How long had you been travelling? Caught by a camera or stopped at the roadside? Will your partner be happy to give evidence in court? -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 5 Aug 2020 - 12:54
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#3
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Member Group: Members Posts: 8,582 Joined: 9 Feb 2006 Member No.: 4,813 |
I believe this is a case of going to court for non payment of the fixed penalty then pleading guilty with extenuating circumstances.
-------------------- The Asda shopping trolley parking ticket enthusiast
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Wed, 5 Aug 2020 - 12:56
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#4
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I believe this is a case of going to court for non payment of the fixed penalty then pleading guilty with extenuating circumstances. Erm no. There is no offence of failing to pay a fixed penalty, as its a conditional offer being sent one confers no liability at all. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 5 Aug 2020 - 13:13
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#5
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Member Group: Members Posts: 63 Joined: 7 Nov 2011 Member No.: 50,894 |
I've asked a moderator to move this to the right forum for you. You can't appeal a fixed penalty (not least as there is no verdict to appeal against), you either accept it, or you do not. If you do not the case goes to court where you can then offer a defence. 1/ You can't 'negate a fixed penalty' but it may offer a defence (or a special reason not to endorse) to the original charge. 2/ You can possibly defend (or mitigate it to such a level that it amounts to a special reason not to endorse) but that will depend on a lot of factors As a starter. How far from home (or the toilet you were heading for) were you? How long had you been travelling? Caught by a camera or stopped at the roadside? Will your partner be happy to give evidence in court? Based on the above I'd rather just pay the fine, get the points and leave it. We were 35 miles from home, but was trying to find a petrol station at the time. However, with Crohn's making her high risk I'd rather us not risk potential COVID exposure. As a result, I decided to drive a little faster where possible. There's no point wasting court time on this one. |
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Wed, 5 Aug 2020 - 13:23
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I think with that distance and the fact you were planning on driving home a court would consider it wasn't really that much of an emergency.
Arguably if it was an emergency you would take the then lower risk of stopping at a public toilet. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 5 Aug 2020 - 20:37
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#7
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Member Group: Members Posts: 876 Joined: 14 Dec 2009 From: Midlands Member No.: 34,394 |
I think with that distance and the fact you were planning on driving home a court would consider it wasn't really that much of an emergency. Arguably if it was an emergency you would take the then lower risk of stopping at a public toilet. Personally (I have IBS), i've driven "a bit quicker" knowing that i'm going to be urgently needing the toilet (or alternatively **** myself). Luckily not been caught yet (although if this ever does happen it's because it's at night, where there are no services open). I luckily haven't needed to use a field yet (although always carry a bog roll). One for the OP (cos i'd guess they'd ask this in court) - did you pass any public toilets, or could you have made a short diversion to do so? |
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Wed, 5 Aug 2020 - 20:46
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#8
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
It is not impossible to get an acquittal in such circumstances, as Sir Alex Ferguson did. LINK But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding.
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Sat, 8 Aug 2020 - 10:11
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding. That's interesting, I had no idea you were a magistrate. As for the OP, I think you might have had a viable defence if you'd gone to the nearest possible public loo, but driving 35 minutes would be a very strong indication that it's not an emergency. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 8 Aug 2020 - 10:55
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#10
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding. That's interesting, I had no idea you were a magistrate. As for the OP, I think you might have had a viable defence if you'd gone to the nearest possible public loo, but driving 35 minutes would be a very strong indication that it's not an emergency. Coronavirus, m'lud. Public toilets closed, and cafes etc. closed or restricting entry. |
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Sat, 8 Aug 2020 - 11:29
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#11
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Coronavirus, m'lud. Public toilets closed, and cafes etc. closed or restricting entry. Petrol stations never closed, and pubs and restaurants are open unless you're in a local lockdown area. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 8 Aug 2020 - 11:32
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#12
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding. That's interesting, I had no idea you were a magistrate. I am no longer sitting. I was a bit dubious, but my colleagues were convinced. -------------------- |
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Sat, 8 Aug 2020 - 11:32
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#13
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
But even without Nick Freeman's involvement, I have sat on a bench that acquitted of speeding. That's interesting, I had no idea you were a magistrate. I am no longer sitting. I was a bit dubious, but my colleagues were convinced. -------------------- |
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Sat, 8 Aug 2020 - 11:41
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#14
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I am no longer sitting. I know, that's why I said "were" rather than "are". -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 8 Aug 2020 - 22:21
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#15
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Member Group: Members Posts: 78 Joined: 26 Jun 2019 Member No.: 104,487 |
[/quote] I was a bit dubious, but my colleagues were convinced. [/quote] Good to hear that you were not easily swayed. A bit of valeting inconvenience does not really rise to an emergency. |
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