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hbkidf
Hi guys,

For a bit of background please see below:

I was supposedly caught going 47 in a 40 late one night back in June.

Due to an admin error of my own doing the car was still registered at a previous address.

A few months later there was a notice of prosecution sent to the old address and it filtered its way back to me eventually.

Basically I was offered a driver awareness course if I sent the form back by 10th September. Unfortunately I was only made aware of this on 17th September.

Spoke with the Camera Prosecution Services people and they said if I sent the form back to them immediately there might be something that can be done with the offer for the course extended, which I did along with a cover letter stating the reasons why I hadn't got back to them and to please allow me the option of the original fine and course.

A few weeks later I get the official letter asking if my details are correct and I sent that back, followed by a letter from the courts asking me for my plea. I plead guilty and again explained the delay in the mitigating circumstances to the court.

In response I've been given 3 points and a fine totaling £400, which seems ridiculous. It's my first ever driving offence but it seems nobody read my letters and I've been slapped down with a really harsh fine.

Do I have any way of disputing this and have the fine reduced and the points not be applied to my license?
Jlc
QUOTE (hbkidf @ Mon, 3 Jan 2022 - 10:18) *
Do I have any way of disputing this and have the fine reduced and the points not be applied to my license?

In terms of the points - no.

However, you do have options for the fine. However, you are on the back foot because the issue was completely of your own making - it's a legal requirement to ensure the vehicle is registered to an address you can receive timely notification (in itself an offence, but rarely pursued).

You should have asked the court to consider a fixed penalty equivalent fine (and no costs order) as you would have been eligible for one. The Magistrates' Sentencing Guidelines has a provision for this but is up to the bench to decide whether the 'difficulties' apply.

Did you submit an MC100 statement of means?

In terms of next steps you can either formally appeal or ask them to consider the fine under s142 Magistrates' Courts Act if you can show there was an error.
TMC Towcester
As above, you're not on strong ground as the time delay was of your own making. As it went to hearing there's costs and victim surcharge added on. In theory they could commence a prosecution for failing to update your V5C, but don't think it's ever happened..........

Move on and sharpen up your personal admin would be my suggestion.
Jlc
If submitted earnings were around £840pw (after statutory deductions) then the fine/surcharge/costs is about right for normal sentencing.
hbkidf
Thanks guys - sorry I should have added that the car is on lease and my details weren't updated with the lease company. So it was being sent to them but they'd send it to the previous address.

Not that it changes anything, but just so you're all aware.
TMC Towcester
QUOTE (hbkidf @ Mon, 3 Jan 2022 - 10:49) *
Thanks guys - sorry I should have added that the car is on lease and my details weren't updated with the lease company. So it was being sent to them but they'd send it to the previous address.

Not that it changes anything, but just so you're all aware.


As you say - still down to you.............unless you did tell them and they messed up?
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