98 in a 70 continued.....

[flip_flop]

I posted a question some time ago about Mrs Flop being caught doing 98 in a 70.

http://www.theanswerb...s/Question809839.html

Well, she has now (finally) received the summons and whilst I haven't had a chance to read it yet (I am at work - it arrived this morning), Mrs Flop has read it and it appears the fine will be means tested but the summons is only asking questions about her income.

She has a Saturday morning part-time job and earns next to naff all.

So, is this right?

Are they only concerned about her income and not the household income?

[R1Geezer]

Yes this is correct, they can only take what Mrs flop's income is into account anything else would be punishing others. Just answer the questions honestly, do not volunteer information. Pretty minor offence really, I'm amazed she wasn't offerred a fixed pen to be honest. Probably get 4-5 points and £150 fine.

[flip_flop]

That would make sense to me Geezer.

Surely it would be bad law to take my income into consideration when I didn't commit the offence (I wasn't even in the car - or the same County for that matter!).

[R1Geezer]

yes it would be wrong that's why they don't do it. One advantage of being a housewife i guess!

[hc4361]

Household has more than one source of income
22. Where the household of which the offender is a part has more than one source of income, the fne
should normally be based on the income of the offender alone.
23. However, where the offender’s part of the income is very small (or the offender is wholly dependent
on the income of another), the court may have regard to the extent of the household’s income and
assets which will be available to meet any fne imposed on the offender.

Taken from the Magistrates Court Sentencing Guidelines. She will be asked about additional income, including yours, at the hearing.

[sara3]

when someone goes before a magistrates' court bench they have to fill in an Income & Expenditure form.

not that I know what it says!