Speeding fine going to court

[funkyphantom]

Hi,
I would very much like some advise on my problem.
Ive been extremely silly and forgot to pay a speeding fine i had back in August. I admitted to the offence by filling in and signing the first form that gets sent out. I then went on holiday, and completely forgot about it. I then got a reminder in November giving me 28 days to pay £60 and accept the 3 points. But, like an idiot, (and through being completely broke) I didn't pay again.
Today I have received a court summons and i am due up in court on the 31st January. I have the option of pleading guilty by post, pleading guilty at court, or pleading not guilty. I am totally in the wrong and believe that pleading guilty by post will save the courts time, and maybe looked on favourably when the judge decides my fine.
I believe I need to create a letter of mitigation circumstances. Is there a certain guide to follow when writing one of these letters? How do I address it? etc etc. Do i mention that i am in financial hardship and currently in a debt management program with the CCCS? Or do i leave that to the Statement of means? I'm confused. Please help?

PS My fine was for an SP40 I was caught doing 50 in a 40mph zone

Thanks in advance
FP

[Celestine]

Re: Speeding fine going to court

Hi Funky

Good on you for recognising that your own disorganised approach has created this problem!

There isn't a standard template for your setting out your mitigation circumstances.

But, if you type up a draft of your mitigation statement here, we can help you write it. You have a really clear written style, so just set out the main factors to communicate to the court the appropriate explanation for your conduct.

1. Reasons for speeding event occurring.
2. Reasons for not paying fine by required time period.
3. Relevant Background circumstances.


Post something up here and the LB'ers will help you put it in the correct format etc. :beagle:

[di30]

Re: Speeding fine going to court

Hi there

Sorry to hear of your issues and hope its resolved soon.

Don't know if you've already taken a look or even posted on the site before, but this link below is in regards of speeding offences etc as well.

http://www.pepipoo.com/

http://forums.pepipoo.com/index.php?showforum=5

Good luck.

[funkyphantom]

Re: Speeding fine going to court

Thanks Celestine, I was thinking something along the lines of this:

Dear(?) your Honour (spelling?),

With reference to the charge of speeding on 11/07/2011 on the A34 Stone Road, Tittensor
I would not like to waste the courts time and feel i should plead guilty as charged.
I would like the court to take into consideration the fact that i was going downhill on a dual carriageway on a sunny day in dry conditions. I realise this does not take away the fact that I was travelling 10 MPH over the 40MPH speed limit.
I would like to apologise for not sending my payment for the fine to the police. We, as a family are in extreme financial difficulties and are currently in a 'Debt management plan' with the Consumer Credit Counselling Service. I realise now that I should not have ignored the fine as I will now be subject to an even larger fine. I would like to ask if the court could please bare this in mind when passing judgement.
As well as filling in the Statement of financial circumstances, i have also included a comprehensive household budget that the CCCS have provided me. We as a family stick to this budget month by month, and are trying our hardest to make ends meet. This is the first time I have been called to court and feel I must apologise for my disorganised approach in dealing with this matter.
Yours Faithfully
FP

Again, i really have no idea what a mitigation statement is supposed to look like, or be about. So please don't laugh!! :P

[funkyphantom]

Re: Speeding fine going to court

Hi there

Sorry to hear of your issues and hope its resolved soon.

Don't know if you've already taken a look or even posted on the site before, but this link below is in regards of speeding offences etc as well.

http://www.pepipoo.com/

http://forums.pepipoo.com/index.php?showforum=5

Good luck.

Thanks for this, I'll have a little look as i doubt i'll be sleeping much tonight!

[funkyphantom]

Re: Speeding fine going to court

going to have to sort this out tonight, so i can post out tomorrow. Would i be making a complete fool out of myself if i send this letter to the courts?
Regards
FP

[Celestine]

Re: Speeding fine going to court

I write to the (PLACE) Court with reference to the charge of speeding on 11/07/2011 on the A34 Stone Road, Tittensor.

I do not wish cause any more waste to the courts valuable time, therefore I plead guilty to the offence as charged.

I would humbly request that the court to take into consideration the fact that I was travelling downhill on a dual carriageway on a sunny day in dry conditions. However, I accept this does not excuse that I was 10 MPH in excess of the 40MPH speed limit.

I would like to sincerely apologise for not making payment of the fine to the police. I was unable to afford the fine as my family are suffering extreme financial hardship (due to...unemployment/ill health/etc?) and are currently in a 'Debt Management Plan' with the Consumer Credit Counselling Service.

I realise that I should not have ignored the seriousness of the fine and accept I will now be subject to an even larger fine but I humbly request the court please consider my desperate financial circumstances when passing judgement.

As well as filling in the Statement of Financial Circumstances, I have also included a comprehensive household budget that the CCCS have provided me. We as a family stick to this budget month by month, and are trying our hardest to make ends meet. This is the first ever time I have been called to court and feel I must apologise for my disorganised approach in dealing with this matter.

Yours Faithfully
FP


How does that look.....? Anyone else got any suggestions? xx

[funkyphantom]

Re: Speeding fine going to court

Celestine
Thanks for this Ive written the letter, and to be fair its not far off what you have kindly done for me. Its going in the post by recorded delivery tomorrow.
Once again, thanks for your help. Heres hoping my fine isn't too bad!
FP

[labman]

Re: Speeding fine going to court

Guess it's too late to fiddle with the wording a little then? I like to play teacher! lol

[funkyphantom]

Re: Speeding fine going to court

Hi Labman,
Ive sorted it now, its probably not worded right, but at least its truthful and in my own words. Thanks for replying though
Regards
FP

[labman]

Re: Speeding fine going to court

Fingers crossed it gets a result for you!

Sadly, I fear you may have to take the fine on the chin, and then all you can do is attach your CCCS IE statement to your statement, or send it to the court and ensure you get a realistic payment order.

[di30]

Re: Speeding fine going to court

Great letter, and all the very best with this, please keep us posted, and any further problems, please don't hesitate to post up and ask for more help.

Good luck x

[CleverClogs]

Re: Speeding fine going to court

I write to the (PLACE) Court with reference to the charge of speeding on 11/07/2011 on the A34 Stone Road, Tittensor.

I do not wish cause any more waste to the courts valuable time, therefore I plead guilty to the offence as charged.

I would humbly request that the court to take into consideration the fact that I was travelling downhill on a dual carriageway on a sunny day in dry conditions. However, I accept this does not excuse that I was 10 MPH in excess of the 40MPH speed limit.

Nor do the facts that my bladder was bursting due to a liquid lunch and that I was looking out for a little child to run across the highway excuse my having taken my eye off the speedometer.

I realise that I should not have ignored the seriousness of the fine and accept I will now be subject to an even larger fine but I humbly request the court please consider my desperate financial circumstances when passing judgement.

I further beseech the court to shew mercy and not to order that any of my children be seized and sent to the local glue works or soap factory.

Apart from the above, I'd say it was an excellent letter.

[labman]

Re: Speeding fine going to court

Keep meaning to ask you CC, why you use the traditional spelling of show? Your version is perfectly correct, but very unusual to see.

[motoringlawyer]

Re: Speeding fine going to court

In the magistrates you address it to "your Worships."

Letters like these have habit of going missing so usually
a) give the court a ring to confirm receipt.
b) keep a copy and posting receipt