View Full Version : appealing a speeding prosecution
F10YD
7th November 2006, 23:57
long story this is so get the popcorn..... waaaay back in february my mam got caught speeding in my car. it was on a 50 stretch of the m4 by the tolls, she was caught doing 72mph by a van parked on the flyover. anyway, the documents come through addressed to me as i was the owner of the vehicle as to which we filled it in correctly declaring her as the driver and then sent it off. in the mean time we had moved house, my new details were then changed on my license at this time. a few weeks later, about april now, i recieve a letter to my new address asking me to fill in the details again as their i missed a signature or somethin, i replied correctly again. now we heard nothin until the other week when a letter from magistrates and dvla popped through my door saying i had missed court thus admitting and had to give up my licence for points!!! shocked i rang magistrates court who confirmed i had missed court and a warrant was out for my fines and my license would be revoked if i didnt send it off! i appealed in writing to both parties and got another court date so i could make a declaration saying i knew nothin of the previous summons. in the mean time points and fine have been frozen, anyway i gets to court and on the declaration form it says i have a £150 fine £43 costs and 3points possibly against me!!! wtf is the big fine for? so i signs it saying i knew nothing about the previous court date and got out of there (was in a rush 2get back to work plus i cut my hand just before entering and i was bleeding everywhere lol) the court usher says it up2 the magistrates to decide what to do with me now!! i could be prosecuted for 2 things that werent my fault!!
Q1. wtf is the big fine for?
Q2. because i appealed against my ruling will me or my mam get 6points if found guilty
Q3. will we get a bigger fine for appealing?
Q4. any other ideas or opinions or advice from you guys?
F10YD
7th November 2006, 23:57
sorry again for length lol
S34MER
8th November 2006, 00:01
you shouldn't get more points or a bigger fine for appealing, as you have a legal right to appeal! but that sounds very harsh and very unfair! keep us posted as to what happens!
Curran
8th November 2006, 00:03
the big fine is for the speeding
F10YD
8th November 2006, 00:06
i thought it was only a £60 fine for speeding or isit that much because its over 70mph
DevilDamo
8th November 2006, 00:06
For speeding... I think they can give you up to £1,000 fine and 7 points. Please don't quote me on that.
F10YD
8th November 2006, 00:10
shhiiiit £1000 plus 7points!!!!
if i do get found guilty im going to ask to lower the fine and drop the costs...cheeky or not cheeky?
jezpick -- dont dis my mam or dont get rude cos i'l start uppercutting!
Barry123
8th November 2006, 00:11
Might be wise to enlist the solicitors on this one man... it basically sounds like a cock up by the authorities in charge.
But you're gonna have to prove and that could be a pain in zee ass.
good luck though.
F10YD
8th November 2006, 00:13
tell me about it ads, ive had to send so many letters and make phone calls just to get to this stage, its a right piss take and look how long tis been dragged out
craig180
8th November 2006, 08:55
Back to the thread girls!
I'd definitly get a solicitor on the case. Some will represent you for free if they think there is a chance of overturning the case.
Did you receive a Notice of Intended Prosicution (NIP)from the force within 7 days? If not you can have it overturned on that.
There are loads of little loopholes any decent solicitor should be able to expose. Sounds to me as though the court/force have admitted a clerical error!
S34MER
8th November 2006, 10:58
sound like you've had some experience saxo180!?! lol
craig180
8th November 2006, 11:15
sound like you've had some experience saxo180!?! lol
Oh yes!!!
I got zapped by a mobile camera a while ago. I was doing 30moh in a 30 zone and a week later got a letter through the post saying I was caught doing 37!!!!!
I appealed straight away and after a few letters backward and forward ended up getting a court summons. I got a solicitor who said the speed traps are never wrong (eh?!!!) but would take my case on for me.
I got copies of the evidence (including a video of my car driving in traffic with a police car!)
Went to court and the CPS hadn't got their evidence together so it was adjourned.
The next time it went to court they had their evidence but couldn't prove the device had been calibrated, and that it was being used in accordance with the new guidelines and it was thrown out!
Me 1-0 Police ..................... top score!!!
Had I have accepted, and paid the fine straight away (as I'm sure most other people do) I would have been £60 lighter with 3 points on my licence.
Pisses me off that I KNOW I was doing 30 and they still tried to rape me of cash and give me points - Motherf***ers!
S34MER
8th November 2006, 11:20
i've heard of similar things happening before!
Didz
8th November 2006, 11:42
sounds pretty harsh to me!!! hope everythin gets sorted!!
saxoash
8th November 2006, 11:45
Simple, get thme to prove it was you driving the car when it was cought speeding, also get them to prove that the court summons was atually delivered
craig180
8th November 2006, 12:12
Simple, get thme to prove it was you driving the car when it was cought speeding, also get them to prove that the court summons was atually delivered
They don't have to do that anymore. If you can't prove who was driving at the time the registered keeper is responsible and can receive the points.
saxoash
8th November 2006, 12:15
But if your mums already admitted to it then there being cunts, geta solicitor and get him to get the case droped lol
R4T
8th November 2006, 15:00
hope you get it sorted out mate
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