Fixed Penalty OR Court hearing ? Please advice |
Fixed Penalty OR Court hearing ? Please advice |
Tue, 9 Apr 2019 - 15:00
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#1
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New Member Group: Members Posts: 3 Joined: 9 Apr 2019 Member No.: 103,340 |
Dear all,
Hope you are doing well. I need your advice regarding two speed-tickets I got on 17-03-2019 and 18-03-2019. For the first ticket, they offered me to complete an educational course as part of the National Driver Offender Retraining Scheme which I have accepted. However, for the second speed-ticket, they gave me two options. Option 1: Accept and comply with a Conditional Offer of Fixed Penalty of £100.00 and three penalty points. Option 2: Request a court hearing. It is also mention in the letter that if I request a court hearing, the Magistrates have the discretion to impose a fine, mandatory victim surcharge and prosecution costs. Now I am wondering whether it is worth going for a court hearing. What could be the worst can happen if I lose the appeal? Or accept the fine and the points. Please, I need your valuable advice. Much appreciate for your time. For your convenience, I have uploaded the second speed-ticket letter. Thanks, Shakir |
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Tue, 9 Apr 2019 - 15:00
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Tue, 9 Apr 2019 - 15:08
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#2
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Member Group: Members Posts: 524 Joined: 15 May 2012 Member No.: 54,933 |
There's no point opting for court unless you have a defence with a reasonable chance of success.
What would your defence be? |
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Tue, 9 Apr 2019 - 15:11
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#3
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Member Group: Members Posts: 4,747 Joined: 29 Oct 2008 Member No.: 23,623 |
Now I am wondering whether it is worth going for a court hearing. What could be the worst can happen if I lose the appeal? Or accept the fine and the points I assume you intend pleading guilty (if not you have not said why you might dispute the allegation). If so you are not going to "appeal" but simply to have a court hearing. The fixed penalty that you have been offered is £100 and three points. What do you expect the court to impose that is better than that and why do you expect them to do so? You don't say what alleged speed/limit was involved but at the very minimum you will receive a fine of half a weeks net income reduced by a third for your guilty plea. A minimum income of £120pw is assumed (even if you have no income whatsoever) meaning you will be fined £40. But as well as this you will pay £85 in prosecution costs (assuming the offence was in England or Wales) and a £30 Victim Surcharge. So £155 is the minimum you can expect and the court must impose a minimum of three points. That is by no means the worst that can happen, it is the absolute best. The fixed penalty is the best offer you will get. |
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Tue, 9 Apr 2019 - 17:01
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#4
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New Member Group: Members Posts: 3 Joined: 9 Apr 2019 Member No.: 103,340 |
Thanks for your advice .....
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Wed, 10 Apr 2019 - 08:22
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#5
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
At the moment you are being offered the minimum penalty for the alleged offence.
-------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Wed, 17 Apr 2019 - 11:48
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#6
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Member Group: Members Posts: 11 Joined: 17 Apr 2019 Member No.: 103,466 |
What were the speeds if you don't mind me asking?
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Wed, 17 Apr 2019 - 19:21
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#7
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New Member Group: Members Posts: 3 Joined: 9 Apr 2019 Member No.: 103,340 |
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