Court action mitigating circumstances |
Court action mitigating circumstances |
Thu, 22 Nov 2018 - 19:15
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#1
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Member Group: Members Posts: 13 Joined: 9 Jan 2014 Member No.: 67,857 |
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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Thu, 22 Nov 2018 - 19:15
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Thu, 22 Nov 2018 - 19:33
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#2
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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. -------------------- 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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Thu, 22 Nov 2018 - 19:33
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#3
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
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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Thu, 22 Nov 2018 - 20:01
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#4
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
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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Sat, 24 Nov 2018 - 12:07
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#5
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Member Group: Members Posts: 13 Joined: 9 Jan 2014 Member No.: 67,857 |
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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Sat, 24 Nov 2018 - 12:20
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#6
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Are the details checked on the MC100 form? It sounds very much like you’re intending to lie on the form. Don’t. -------------------- 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, 24 Nov 2018 - 19:11
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#7
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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. -------------------- 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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Sun, 25 Nov 2018 - 00:13
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#8
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
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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Sun, 25 Nov 2018 - 18:28
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#9
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Member Group: Members Posts: 13 Joined: 9 Jan 2014 Member No.: 67,857 |
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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Sun, 25 Nov 2018 - 18:58
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#10
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
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. 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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Sun, 25 Nov 2018 - 19:01
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#11
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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.
-------------------- 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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Mon, 26 Nov 2018 - 21:15
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#12
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Member Group: Members Posts: 13 Joined: 9 Jan 2014 Member No.: 67,857 |
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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Wed, 28 Nov 2018 - 16:15
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#13
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Member Group: Members Posts: 13 Joined: 9 Jan 2014 Member No.: 67,857 |
Any advice here as I would like to send this away weekend
Thanks |
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Wed, 28 Nov 2018 - 16:36
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#14
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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? -------------------- 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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Thu, 29 Nov 2018 - 19:19
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#15
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Member Group: Members Posts: 13 Joined: 9 Jan 2014 Member No.: 67,857 |
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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Thu, 29 Nov 2018 - 21:01
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#16
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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?
-------------------- 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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Fri, 30 Nov 2018 - 00:11
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#17
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
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Fri, 30 Nov 2018 - 10:04
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#18
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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. -------------------- 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, 1 Dec 2018 - 21:37
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#19
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Member Group: Members Posts: 13 Joined: 9 Jan 2014 Member No.: 67,857 |
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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Sat, 1 Dec 2018 - 22:02
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#20
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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.
-------------------- 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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