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Tone to take in guilty plea after Fixed Penalty offer lost in post, what tone to take in guilty plea
davnig
post Tue, 16 Oct 2018 - 11:34
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I have just received a notice of prosecution from Gwent Police related to a speeding offence in April of this year.

I responded to a NIP/S172 sent to me on 20/4/18 admitting to being the driver at the time of the offence and the paperwork then states that i did not respond to a fixed penalty offer sent on the 30/4/18. I have not receved such a letter, If I had then I would have accepted the fixed penalty as I have already admitted the offence. I was moving house arounf that time and it looks like the letter has got lost in the system somewhere.

I did not deny the offence so am going to plead guilty but was just wondering about what tone to take in mitigating circumstances. I'm going to ask for costs not to be awarded as I did not receive the offer and so could not respons. i amaware that they could take the tone that since I did not receive the offer I should still have been aware I should have and called them to query but life just tookover and basically i forgot.

Has anyone pleaded guilty in similar circumstances and managed to avoid costs

cheers

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post Tue, 16 Oct 2018 - 11:34
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peterguk
post Thu, 6 Dec 2018 - 18:36
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QUOTE (davnig @ Thu, 6 Dec 2018 - 18:30) *
Total was 100, maybe it was 70+30?? They did say that were applying the original fixed penalty, does that involve a surcharge


You can't be fine £70 for speeding. No surcharge included in fixed peanlty. They messed up.

As an honest citizen you have every right to apply to have the situation corrected. Just like you did first time round...

This post has been edited by peterguk: Thu, 6 Dec 2018 - 18:36


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The Rookie
post Thu, 6 Dec 2018 - 19:12
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The guidance is that you shouldn’t be disadvantaged, as such they can fine you £70 totalling the £100 fixed penalty equivalent when the surcharge is added. I’m not sure why Peter thinks you can’t be fined £70.


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southpaw82
post Thu, 6 Dec 2018 - 19:19
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QUOTE (peterguk @ Thu, 6 Dec 2018 - 18:36) *
QUOTE (davnig @ Thu, 6 Dec 2018 - 18:30) *
Total was 100, maybe it was 70+30?? They did say that were applying the original fixed penalty, does that involve a surcharge


You can't be fine £70 for speeding. No surcharge included in fixed peanlty. They messed up.

As an honest citizen you have every right to apply to have the situation corrected. Just like you did first time round...

Of course he can be fined £70 for speeding by a court (not by way of a fixed penalty). Whether they messed up or not remains to be seen; we don’t know whether the fine was reduced to take account of the surcharge or not.


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peterguk
post Thu, 6 Dec 2018 - 19:28
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QUOTE (southpaw82 @ Thu, 6 Dec 2018 - 19:19) *
QUOTE (peterguk @ Thu, 6 Dec 2018 - 18:36) *
QUOTE (davnig @ Thu, 6 Dec 2018 - 18:30) *
Total was 100, maybe it was 70+30?? They did say that were applying the original fixed penalty, does that involve a surcharge


You can't be fine £70 for speeding. No surcharge included in fixed peanlty. They messed up.

As an honest citizen you have every right to apply to have the situation corrected. Just like you did first time round...

Of course he can be fined £70 for speeding by a court (not by way of a fixed penalty). Whether they messed up or not remains to be seen; we don’t know whether the fine was reduced to take account of the surcharge or not.

Point taken. And badly phrased by me. I meant to say if he was fined at rate of CoFP, then fine must be £100, not £70.


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NewJudge
post Thu, 6 Dec 2018 - 21:37
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Despite assertions to the contrary from time to time on here ("We don't often see £70 + £30" or "We don't often see the fine reduced to accommodate the surcharge" etc.) my observations - which admittedly are only from two justices' areas - show that £70 + £30 is indeed the norm in such circumstances. Any other disposal which involves the defendant paying more than £100 puts him at a disadvantage which the guidance says should not be the case.

This post has been edited by NewJudge: Thu, 6 Dec 2018 - 21:38
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Redivi
post Sat, 8 Dec 2018 - 11:57
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NewJudge is posting from experience whereas I only have an opinion from the reports in threads

If that's the situation I'm pleased to be corrected
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