Court Costs |
Court Costs |
Thu, 22 Aug 2019 - 16:25
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#1
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Member Group: Members Posts: 622 Joined: 20 Oct 2007 Member No.: 14,668 |
Was doing that voyeuristic thing of reading the local papers court reports, normal diet drunk and disorderly etc; fined £150 and £85 costs. Then came upon this
parked a vehicle in a disabled bay when not eligible to do so. Fined £120. Ordered to pay a victim surcharge of £30 and costs of £619.20. How could you racj]k up this level of costs for a parking offence? |
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Thu, 22 Aug 2019 - 16:25
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Thu, 22 Aug 2019 - 16:27
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#2
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Member Group: Members Posts: 477 Joined: 1 Nov 2013 From: NG1 Member No.: 66,409 |
Went not guilty?
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Thu, 22 Aug 2019 - 16:28
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#3
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Local authority prosecution I imagine. For some bizarre reason councils seem to be incapable of binding prosecutions without racking up absurd costs, I remember once I saw a prosecution for a breach of a PSPO, the guy plead guilty and I think the fine was the standard £220. Then the council guy asks for costs of £1,500. The magistrates rightly said this was out of all proportion and only allowed £100 costs.
This post has been edited by cp8759: Thu, 22 Aug 2019 - 16:28 -------------------- 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, 23 Aug 2019 - 20:48
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#4
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
I've asked myself similar questions when looking at figures for costs awards at Traffic Penalty Tribunals... both London and TPT show similar imbalance.
Motorist gets a costs award and it works out at a few hours (£19/h) plus minor incidentals. Councils get significantly more, I can only assume professional fees plus loads more hours "preparing" paperwork. |
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Sat, 24 Aug 2019 - 08:53
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#5
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Member Group: Members Posts: 601 Joined: 7 May 2019 Member No.: 103,734 |
Unless the agencies prosecuting have found a magic formula that allows them to function at no cost why should anyone but the guilty party pay?
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Sat, 24 Aug 2019 - 10:37
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
No one has said they shouldn't pay, they were querying the amount which is far from being the same thing.
There is also the principle stated clearly in Dove ( R v Northallerton Magistrates' Court, ex parte Dove (1999)) that "The costs and fine should be kept in step " (The 'in step" wording coming also from to R v Whalley 1972 and R v Nottingham Magistrates' Court, ex parte Fohmann (1987)). and that "When one comes to the question of costs, again the award of costs should not be used as a means of punishing the defendant for having elected to go to trial." noting that it also says in counterpoint "on the other hand, it is perfectly right to say of a man who has elected to go for trial that if the case is one in which the costs of the prosecution should fall on the defendant". -------------------- 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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Sat, 24 Aug 2019 - 16:22
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#7
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Unless the agencies prosecuting have found a magic formula that allows them to function at no cost why should anyone but the guilty party pay? Well as I said, a local council was looking for £1,500 for a guilty plea, which the CPS charge at £85. I can understand a council isn't a dedicated prosecuting agency, and it cannot benefit from the expertise and economies off scale of the CPS, so I can well see how it might work out a bit more expensive; if they asked for £150 or £200 I wouldn't think much of it. But to ask for £1,500 for a guilty plea makes me think something's not quite right. -------------------- 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, 24 Aug 2019 - 16:30
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#8
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
IIRC, the basis of assessment is different depending on the identity of the prosecutor.
-------------------- 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 Aug 2019 - 23:47
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
IIRC, the basis of assessment is different depending on the identity of the prosecutor. I'm curious, why would that be? -------------------- 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 Aug 2019 - 10:33
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#10
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
IIRC, the basis of assessment is different depending on the identity of the prosecutor. I'm curious, why would that be? No idea. I’d imagine the answer (if my recollection is correct) will be in the POA1985 and regulations. -------------------- 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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Mon, 26 Aug 2019 - 17:23
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#11
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
A big difference, I think is that the CPS ask for "a contribution towards prosecution costs" as do Railway companies (albeit a higher amount). Other prosecuting authorities (e.g. Local Authorities prosecuting Environmental Health matters) ask for their full costs. The RSPCA seem to incur particularly high costs and usually ask for the lot.
This post has been edited by NewJudge: Mon, 26 Aug 2019 - 17:23 |
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Mon, 26 Aug 2019 - 17:25
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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 |
The RSPCA seem to incur particularly high costs and usually ask for the lot. And quite often get appealed. -------------------- 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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Tue, 27 Aug 2019 - 02:05
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#13
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The RSPCA seem to incur particularly high costs and usually ask for the lot. And quite often get appealed. Successfully or unsuccessfully? -------------------- 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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Tue, 27 Aug 2019 - 08:35
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#14
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Both.
-------------------- 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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Tue, 27 Aug 2019 - 10:37
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#15
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Fair enough.....
I guess the issue there is that most people with an RSPCA prosecuted offence may not want to have any more publicity around it by appealing it! -------------------- 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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Tue, 27 Aug 2019 - 12:31
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#16
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I think people are motivated to appeal because of the large costs the RSPCA often ask for and get.
-------------------- 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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