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Court action mitigating circumstances
joio
post Thu, 22 Nov 2018 - 19:15
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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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joio
post Sun, 2 Dec 2018 - 21:59
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Is there nothing that will help me ? If I had seen the mail then I would have responded to it and then got a fixed penalty notice instead of court

Is there nothing that will help me ? If I had seen the mail then I would have responded to it and then got a fixed penalty notice instead of court
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post Sun, 2 Dec 2018 - 21:59
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Logician
post Mon, 3 Dec 2018 - 00:56
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For 29 in a 20 limit you are going to get just 3 points anyway, so the only difference will be financial. The amount will be 50% of your net weekly income, less 33% for a guilty plea, plus 10% surcharge (min £30) plus £85 costs. You can certainly say that if you had seen the mail then you would have responded to it and then got a fixed penalty notice instead of court, and ask to be dealt with at the fixed penalty rate, the court may be sympathetic but may consider that you contributed to it by making no arrangements for your mail to be re-directed or picked up.


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