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Is the sentence too harsh?, Speeding fine £400 and 5 points
superchilled777
post Wed, 11 Sep 2019 - 11:44
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Hello

First time user - been recommended Pepipoo by a friend!

I have a speeding allegation of 50mph on a 30mph road.

I pleaded guilty to speeding but not necessarily guilty of that speed - however I did not think I had a way of "disproving" it so my guilty plea I guess is an admission.

I received a fine for £408 (which is high because I am presently "unemployed") and 5 points on an otherwise clean license. Yes I drive an expensive sports car but in my "statement of financial circumstances" I am unemployed.

I am appealing against this as I feel the sentence is too harsh, I wasnt offered a speed awareness course.

Any advice/suggestions?

Help!!!

Thank you













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post Wed, 11 Sep 2019 - 11:44
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Earl Purple
post Wed, 11 Sep 2019 - 12:01
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Template says:

Magistrates' Court Penalty Guidelines
Eligible for COFP instead? No: Magistrates' court only
Points: 4-6
Normal fine range: £263 - £438
Disqualification possible? Consider 7-28 days
Maximum fine: £1000

That was in 2007 though, so maybe the amounts have gone up by now. It is within the range. It may depend on the nature of the 30mph road.
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NewJudge
post Wed, 11 Sep 2019 - 12:12
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It is too fast for a course (usually offered up to 42mph in a 30mph limit). It is also too fast for a Fixed Penalty (£100 and 3 points). Most areas take court action at 50mph and above.

The sentencing guidelines for speeds between 41 and 50 suggest either a short disqualification or 4 to 6 points. Since you were at the top of that speed range, five points seems generous.

The fine (which presumably includes £85 costs and a 10% Victim Surcharge) seems a bit high if you were sentenced using the "benefits" rate. What exactly did you put on your statement of means?

If you wanted to dispute the speed you should have attended court and said so. The court would then decide whether the difference between your contention and that of the prosecution would have made a material difference to their sentence. If they decided that it would they would have ordered a hearing to establish which version is accepted.

If you take an appeal to the Crown Court you are unlikely to have the points reduced. You may get your fine reduced (depending on what you stated on your means form) but if you fail on both counts you will be looking at several hundred pounds in costs.

This post has been edited by NewJudge: Wed, 11 Sep 2019 - 12:45
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Jlc
post Wed, 11 Sep 2019 - 12:31
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QUOTE (superchilled777 @ Wed, 11 Sep 2019 - 12:44) *
pleaded guilty to speeding but not necessarily guilty of that speed - however I did not think I had a way of "disproving" it so my guilty plea I guess is an admission.

Was there a Newton Hearing? How was your speed measured?


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Durzel
post Wed, 11 Sep 2019 - 14:19
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Why have you put "unemployed" in quotes?
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Logician
post Wed, 11 Sep 2019 - 14:31
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As post #3, if you pleaded guilty but did not ask for a Newton hearing, probably wisely without any solid evidence, you accepted your speed was 50mph. That is too fast for a course, and being right at the top of the 4 to 6 points range, 5 points in fact was lenient. Whether the fine was harsh depends on what you put on the means form, but the figure of £408 suggests that you did not complete a means form, in which case your income would have been taken as the national average of £440. A band B fine would be £440, less a 33% discount for your guilty plea, plus 10% surcharge, plus £85 costs comes to £407 and a rounding difference of £1 would produce £408.


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Jlc
post Wed, 11 Sep 2019 - 14:54
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Agreed, the £440 figure has been used - this would usually happen where a MC100 form has not been submitted. (£440 x 66% + £85 + £30 = £408)

It may beneficial to request them to reconsider the sentencing without formally appealing it. (But you only have 21 days to appeal)

This post has been edited by Jlc: Wed, 11 Sep 2019 - 14:55


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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