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50mph in a 30 - Court
Driver34
post Thu, 22 Feb 2018 - 22:39
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On 7th September was caught doing 50mph in a 30 zone on a rural B road.

The NIP came though the following week and I have been counting down to the 6 month deadline...

5 1/2 months later the court letter arrives.

My husband walked out on me in Jan and I have a 4 and 2 year old. Live rurally and work/drop kids off etc daily.
Already have 3 points.

Questions I have:
1) Likely result if I go online and plead guilty and include my personal circumstances in mitigation? Is it worth going to court?

2) At the time of the offence, I was not working - does this make a difference? How would I even demonstrate this via the forms?

3) I’ve only recently started a new job.
It is a sales job so how do I calculate my weekly income as it will be variable? Not received a payslip yet.

4) Timescales of knowing the outcome if I submit online

5) Do points get added at the date of the offence or the date the court decides punishment? iE am I already 6 months into it?

Please if anyone has any information which might help me to state my case. I am getting divorced and have young children but I don’t want to sound like this is made up as it’s not - how can I evidence this or do I not need to?

Thanks in advance
D34

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post Thu, 22 Feb 2018 - 22:39
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Logician
post Fri, 23 Feb 2018 - 02:24
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1. That is the lowest speed at which cases usually go to court, had you been doing 49 you would probably have received a fixed penalty, and there is a sudden jump at that speed, with the likelihood of 6 points and a fine of a week's net income less 33% for guilty plea, plus surcharge of 10%, minimum £30, and costs of £85. A disqualification is possible but unlikely, your personal circumstances would only be relevant if disqualification were being considered. you will not be disqualified without being given the opportunity to appear in court to put your case. So not much point you going to court.

2. It is your current income which is relevant

3. If the job is a base plus commission I would take the base as you will not receive any commission for some time. Otherwise make an estimate you can defend if challenged

4. Depends on how busy the court back office are but probably a couple of weeks

5. For speeding as at the date of offence, so yes you are 6 months towards points coming off already.

You only need to give evidence about your personal circumstances if disqualification is in prospect, but I do not believe it is. However, you are likely to be on 9 points after the court hearing so you need to drive like a nervous nun whatever the other traffic is doing, put your mobile in the boot and be very wary of traffic lights.



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The Rookie
post Fri, 23 Feb 2018 - 03:06
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If you are in England and Wales you almost certainly have a Single Justice Procedure Notice, that is not attendable, if the Justice decides to just award points that will be the end of it, if he(/she) decides a ban should be CONSIDERED he will adjourn it to a magistrates court where you will need to attend and they will consider the case afresh, so this way you get two bites of the cherry to avoid a ban, however as Logician says you will have to drive like Miss Daisy is in the back for a while.

Be careful what you may put in mitigation, many people put ‘mitigation’ that actually makes the offence worse, it’s worth posting here for a critique before sending it.

This post has been edited by The Rookie: Fri, 23 Feb 2018 - 03:09


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NeverMind
post Fri, 23 Feb 2018 - 09:40
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Driver34, when did you pass your test? Just making sure that you're not subject to 'new driver' regs....
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Driver34
post Fri, 23 Feb 2018 - 13:46
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Thanks for the really useful information...

I have had my license for 16 years!

With regard to the plea of mitigation, do I actually need to explain why I was speeding and apologise or can I use this space to inform them of my current situation and hope they interpret this as ‘please don’t ban me’?

Many thanks I hope to get this sent back over the weekend.
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AntonyMMM
post Fri, 23 Feb 2018 - 13:55
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Mitigation is about giving information about the circumstances of the offence which you want the court to take into account - but there is nothing much you could say that will make 50 in a 30 any better. Sometimes a simple apology is the best option.

If a ban is considered, they will require you to attend court for sentencing - that is when you can make those representations.
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Driver34
post Mon, 26 Feb 2018 - 21:31
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I’ve gone online to submit my guilty plea and the reference number doesn’t work - I will call tomorrow but has anyone else had this issue?

Also it mentions sending driving licence but it’s confusing and I am not sure if you have to submit it once you’ve got the confirmation of conviction or send it now?

Finally, will I know a date for the hearing? Or will it just happen as I’m pleading online/post and they’ll fit it in when they can?

Thanks everyone for help
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notmeatloaf
post Mon, 26 Feb 2018 - 21:45
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This is a government website so long term teething problems are to be expected. Hopefully a phone call will solve.

The "case" will be held in an office at a non-specific date and you will receive a letter with the outcome - although as noted if you have submitted your income form it will almost certainly be a weeks net income + 10% surcharge (minimum £30) + £85 costs.

You do not need to send in your licence until you receive the sentence.
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Driver34
post Mon, 26 Feb 2018 - 22:46
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Thanks for the informative feedback.
I’m hoping this is going to be straightforward.
I was caught and did speed awareness June 2014 so hoping that won’t impact their decision.
Any thoughts? Do they stay on file?
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Jlc
post Mon, 26 Feb 2018 - 22:52
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No, a course won’t make any difference.


--------------------
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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NewJudge
post Mon, 26 Feb 2018 - 22:53
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The court will not be told of your Speed Awareness Course and it will have no impact on the sentence.
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Driver34
post Sat, 24 Mar 2018 - 15:59
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Just wanted to update the thread.
I received 6 points and £230 fine plus court fees.

Now driving like an old lady🙈
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