Quizzes & Puzzles71 mins ago
Speeding Fine
22 Answers
I received a speeding ticket in November for driving 34 in a 30 zone, (one of those nasty little men in a police van with a window cut into the back!) I ignored it until I got the reminder then I eventually posted it off. As I forgot to enclose my photo card it was then returned to me giving me 7 days to find it. I seem to have lost the counterpart and was about to apply for a duplicate when another letter came through the post stating that it was too late and had been forwarded to the CPS. This was 6 weeks ago, does anybody know how long I have to wait until I know they are not going to bother with me? Thanks.
Answers
I’m not sure where your four and a half weeks comes in, Myriad.
14:59 Sun 10th Jan 2010
You presumably received the first notice within the 14 days allowed? The CPS will bother - it would be a nonsense if they did not. Summons has to be issued within 6 months of the date of the offence. Your best bet is to get your paper work in order and hope that they will still accept the fixed penalty and the 3 points. Court fine is likely to be more plus costs
-- answer removed --
it's probably the kind of court work where a prosecutor shows from the DVLA (?) with a big pile of charges, and you can enter your plea before hand in writing, and you will then be informed of your sentence (points, fines, costs) by post.
that's what the train ticket dodgers do, the TV licence people etc.
you'd do best to sort it out before hand.
that's what the train ticket dodgers do, the TV licence people etc.
you'd do best to sort it out before hand.
I’m not sure where your four and a half weeks comes in, Myriad.
Your case will almost certainly be listed in the Magistrates’ court of the area where the offence was committed. The prosecutor will be from the CPS, not the DVLA. The prosecution has six months to bring the matter to court and such cases often take almost all of that time to be listed, so it could be heard as late as May.
The Magistrates’ sentencing guidelines for the offence suggest a fine of half a week’s net income (reduced by a third if you plead guilty) plus about £45 contribution towards prosecution costs and a £15 Victim Surcharge. As well as this you will receive three penalty points.
You may be able to persuade the Bench to impose the equivalent of a fixed penalty (£60 and three points) if you can convince them that forgetting to enclose your licence was simply an oversight. If they agree, they may still impose prosecution costs.
Finally, where you can consider yourself unlucky is that action was taken at all. The Association of Chief Police Officers’ guidance suggests that action should not normally be taken at speeds under 35mph in a 30 limit. However, this is mainly to prevent frivolous defences where the accuracy of the measuring equipment could be challenged. The limit is 30mph and unless you are considering defending the matter on the grounds I outlined (for which you will need expert advice) you would be unwise to do anything other than plead guilty.
Your case will almost certainly be listed in the Magistrates’ court of the area where the offence was committed. The prosecutor will be from the CPS, not the DVLA. The prosecution has six months to bring the matter to court and such cases often take almost all of that time to be listed, so it could be heard as late as May.
The Magistrates’ sentencing guidelines for the offence suggest a fine of half a week’s net income (reduced by a third if you plead guilty) plus about £45 contribution towards prosecution costs and a £15 Victim Surcharge. As well as this you will receive three penalty points.
You may be able to persuade the Bench to impose the equivalent of a fixed penalty (£60 and three points) if you can convince them that forgetting to enclose your licence was simply an oversight. If they agree, they may still impose prosecution costs.
Finally, where you can consider yourself unlucky is that action was taken at all. The Association of Chief Police Officers’ guidance suggests that action should not normally be taken at speeds under 35mph in a 30 limit. However, this is mainly to prevent frivolous defences where the accuracy of the measuring equipment could be challenged. The limit is 30mph and unless you are considering defending the matter on the grounds I outlined (for which you will need expert advice) you would be unwise to do anything other than plead guilty.
Thankyou very much Judge, you're most informative. I meant four and a half months by the way not weeks, sorry. What on eath is a victum surcharge? seems like the only victum in this case is me!!!! as for all the other comments by our good law abiding sheep, I wasn't exactly tearing past a school at 80 miles an hour, I'm fully insured, taxed and mot, and I hadn't been drinking either, in my opinion they're just creating a pile of extra cash by hiding behind bushes with thier little speed guns instead of catching the real criminals!
To elucidate a little more on the Victim Surcharge:
The measure was introduced as part of the Domestic Violence, Crime and Victims Act 2004 and came into use from 1st April 2007. It was said to be part of the government’s attempt to rebalance the justice system in favour of victims and the money raised is supposed to be used to fund schemes which help victims (though, strangely, the main charity aimed at helping victims, Victim Support, currently receives no cash from the fund).
The legislation says that all courts which impose a fine upon a defendant must also impose a “Victim Surcharge” (currently £15). The sentencing judge or magistrates have no discretion over this and, unlike any other financial penalty they may impose, it cannot be reduced or waived due to individual circumstances surrounding the offence or the offender. It is not applied to fixed penalties which are imposed outside of the court system, though just before Christmas it was announced that changes are being drawn up to do so.
Like many measures introduced by the current government it is somewhat inappropriate. The vast majority of people paying the surcharge are guilty of minor motoring offences. Although many will say that, overall, the activity of motoring involves many victims (though I have to say I do not include you among them in this instance, Myriad!) most individual offences such as your one involve no victim.
Meanwhile, those miscreants who commit serious offences such as robbery, theft and those involving violence, where there certainly are identifiable victims pay nothing as long as they receive a sentence harsher than a fine.
It depends on your interpretation of “dumb” but it is paid by all people who are subject to a fine whether they are able to speak or not.
The measure was introduced as part of the Domestic Violence, Crime and Victims Act 2004 and came into use from 1st April 2007. It was said to be part of the government’s attempt to rebalance the justice system in favour of victims and the money raised is supposed to be used to fund schemes which help victims (though, strangely, the main charity aimed at helping victims, Victim Support, currently receives no cash from the fund).
The legislation says that all courts which impose a fine upon a defendant must also impose a “Victim Surcharge” (currently £15). The sentencing judge or magistrates have no discretion over this and, unlike any other financial penalty they may impose, it cannot be reduced or waived due to individual circumstances surrounding the offence or the offender. It is not applied to fixed penalties which are imposed outside of the court system, though just before Christmas it was announced that changes are being drawn up to do so.
Like many measures introduced by the current government it is somewhat inappropriate. The vast majority of people paying the surcharge are guilty of minor motoring offences. Although many will say that, overall, the activity of motoring involves many victims (though I have to say I do not include you among them in this instance, Myriad!) most individual offences such as your one involve no victim.
Meanwhile, those miscreants who commit serious offences such as robbery, theft and those involving violence, where there certainly are identifiable victims pay nothing as long as they receive a sentence harsher than a fine.
It depends on your interpretation of “dumb” but it is paid by all people who are subject to a fine whether they are able to speak or not.
-- answer removed --
On three occasions I have received an NIP and have received neither a fine nor endorsements and I didn't have to attend court.
Let me explain: My car is a company car. The registered keeper is the leasing company, next in the chain is our head office and then me.
When I get an NIP, it is usually about 3 months after the event and because our head office have my name wrong by one letter on the database, the fields ar incorrect.
The NIP gives me 28 days to respond, but I never do this. On each occasion a reminder has been sent, to which I respond to.
When I do respond, it is with my correct details, another NIP is sent and we are now some five and a half months after the event.
The new, correct NIP gives me a further 28 days to respond but i wait until the 6 month period has elapsed and call the camera enforcement office to confirm.
Then I write back, confirming that I was the driver at the time of the alleged offence and lo and behold, no further action is taken.
If there is enough links in the admin chain between the registered keeper and the driver, then this can work the system in the drivers favour.
Let me explain: My car is a company car. The registered keeper is the leasing company, next in the chain is our head office and then me.
When I get an NIP, it is usually about 3 months after the event and because our head office have my name wrong by one letter on the database, the fields ar incorrect.
The NIP gives me 28 days to respond, but I never do this. On each occasion a reminder has been sent, to which I respond to.
When I do respond, it is with my correct details, another NIP is sent and we are now some five and a half months after the event.
The new, correct NIP gives me a further 28 days to respond but i wait until the 6 month period has elapsed and call the camera enforcement office to confirm.
Then I write back, confirming that I was the driver at the time of the alleged offence and lo and behold, no further action is taken.
If there is enough links in the admin chain between the registered keeper and the driver, then this can work the system in the drivers favour.
Sadly, 'they' will bother and the summons will be with you anytime in the next 3 months I would imagine. Once you have had a letter confirming it has been sent to the CPS, it is just a waiting game.
Expect 3 points and around a £200 fine, unless you send back the means statement with the paperwork that you will get with the summons. If you have a low income / high outgoings, the fine may be reduced or be payable by instalments.
Sorry its not more positive news !
Expect 3 points and around a £200 fine, unless you send back the means statement with the paperwork that you will get with the summons. If you have a low income / high outgoings, the fine may be reduced or be payable by instalments.
Sorry its not more positive news !
I have a similar problem, with the difference being that I simply forgot to send back the confirmation of my details having received the Notice of Intended Prosecution. You are given 28 days to respond. I have sent mine back today and by the time it arrives with them it will be around 30 days.
My offence was 34 in a 30 zone. I never received a reminder to send my details back.
I'm really worried now that this is going to go to court, and I simply cannot afford any fines at the moment.
Can anyone offer any advice? Will this go to court or are they likely to accept my details 2 days late? Especially as this was all happening over christmas. I am not trying to avoid the penalty in any way, I simply forgot about it.
Any help would be very much appreciated.
My offence was 34 in a 30 zone. I never received a reminder to send my details back.
I'm really worried now that this is going to go to court, and I simply cannot afford any fines at the moment.
Can anyone offer any advice? Will this go to court or are they likely to accept my details 2 days late? Especially as this was all happening over christmas. I am not trying to avoid the penalty in any way, I simply forgot about it.
Any help would be very much appreciated.
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