• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

£1450 Speeding Fine - wow

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • £1450 Speeding Fine - wow

    Hello All

    My company vehicle was caught speeding by a gatso camera doing 40 in a 30 one weekend evening some months ago. I was not driving. I had a bloke doing some general odd jobs for a few weeks ( done so once before) he was strapped for cash and virtually destitute raising money to stay with his dream living in Italy. Part of his payment was use of a pickup to get him to and from work which he had use of as long as he put fuel in. Paid cash in hand. worked for about a month, no further contact.

    I explained in letter that I was not the driver and that the employee driving was now in italy and that i could not offer further information. I did not attend court 30 miles away (said so in letter) the fime arrived in the post £750 for failing to give identity of driver, £650 costs and £75 for victim support.

    Not sure what else i could have done?

    is this appealable and if so what grounds?

    Many Thanks
    Roy
    Tags: None

  • #2
    Re: £1450 Speeding Fine - wow

    I would go to www.pepipoo.com That is a specialist motoring website which will give better advice than we can here. :beagle:

    Comment


    • #3
      Re: £1450 Speeding Fine - wow

      £650 is excessive, obviously so when it's nearly equal to the fine itself.

      Consider these cases:

      Costs must be proportional. If they are oppressive, the order may be quashed: R v Tottenham Justices ex parte Joshi [1982].

      Costs may not be used as an additional penalty: R v Highgate Justices ex parte Petrou [1954] 1 All ER 406.

      Comment


      • #4
        Re: £1450 Speeding Fine - wow

        Were your means taken into account by the court? If not, R -v- South Western Magsitrates (on the application of Purnell), a judicial review, confirms that where a defendant's means have not been examined, a fine cannot be imposed or enforced.

        It also has the hallmarks of JPs and not a District Judge dealing with the case. The fine, costs and victim surcharge are excessive.

        I agree with what Enquirer says in their post.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: £1450 Speeding Fine - wow

          Originally posted by bluebottle View Post
          It also has the hallmarks of JPs and not a District Judge dealing with the case. The fine, costs and victim surcharge are excessive.
          Agreed, it's got Colonel Blimp's fingerprints all over it!

          Comment


          • #6
            Re: £1450 Speeding Fine - wow

            Can I ask as it was an employee driving why did the Op not give his name? he must have known it ????

            Comment


            • #7
              Re: £1450 Speeding Fine - wow

              You have sent a letter to the court. The court has taken this as a not guilty plea. It would appear you didn't go to court. The court had no income/expenditure form on which to base the fine when they found you guilty.

              http://www.motoringoffences.com/uplo...lines_2008.pdf

              The guidlines for failure to furnish are for a

              FINE BAND C
              Starting Point: 150% of relevant weekly income
              Range: 125% - 175% of relevant weekly income


              When no income is known they use £400.

              Costs nowadays are regarded as £650 for a simple motoring matter. e.g. They were not paid by the defendant in this example, obviously enough http://www.dailymail.co.uk/news/arti...road-user.html


              The magistrates obviously didn't believe you gave all the information that was in your power to give.

              M1
              ********************************Signature********* ************************

              Private messages are off as all help on this site is on board.

              Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


              I can only help with what you tell me. Post up information (other than names and addresses!).

              I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

              Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

              If you want to tell someone YOU were driving, go to confession.

              I,I,I,I,I,I should be avoided unless you are Jim Diamond.

              Comment


              • #8
                Re: £1450 Speeding Fine - wow

                Following on from Wales' post, I suppose there's the alternative of the OP having admitted the driver was an employee, but paying them cash in hand, thus avoiding tax.

                Surely if the OP had given the driver's details as best he could, no further action should have been taken against him. Was the vehicle insured etc.... for the 'employee'? Was it all otherwise roadworthy?

                Comment


                • #9
                  Re: £1450 Speeding Fine - wow

                  Strange one here?

                  Comment


                  • #10
                    Re: £1450 Speeding Fine - wow

                    Originally posted by mystery1 View Post
                    You have sent a letter to the court. The court has taken this as a not guilty plea. It would appear you didn't go to court. The court had no income/expenditure form on which to base the fine when they found you guilty.

                    http://www.motoringoffences.com/uplo...lines_2008.pdf

                    The guidlines for failure to furnish are for a

                    FINE BAND C
                    Starting Point: 150% of relevant weekly income
                    Range: 125% - 175% of relevant weekly income


                    When no income is known they use £400.

                    Costs nowadays are regarded as £650 for a simple motoring matter. e.g. They were not paid by the defendant in this example, obviously enough http://www.dailymail.co.uk/news/arti...road-user.html


                    The magistrates obviously didn't believe you gave all the information that was in your power to give.

                    M1
                    Spot on I would guess.

                    Comment


                    • #11
                      Re: £1450 Speeding Fine - wow

                      Hello

                      Thanks for all the useful comments.

                      just to add...
                      the court was informed of the drivers name and also informed that he was not in the UK - he is now resident in Italy, Nissan Navara was perfectly road worthy, used during day for collecting building materials etc. The company car is owned by a limited company.

                      I have until 8th Oct to pay it.

                      Roy

                      Comment


                      • #12
                        Re: £1450 Speeding Fine - wow

                        If the court was given his name why was the conviction for failing to name driver there must be something wrong here? Thinking that the answer is to consult a solicitor for advice to me a mere layman it seems as I say very strange

                        Comment


                        • #13
                          Re: £1450 Speeding Fine - wow

                          Have you checked withthe Court to make sure:
                          a - they got your letter
                          b - it was taken into consideration

                          Comment


                          • #14
                            Re: £1450 Speeding Fine - wow

                            That is on my 'to do' list this morning!

                            Comment


                            • #15
                              Re: £1450 Speeding Fine - wow

                              Hope you get a result if you have told them the driver what are they up to?

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              No announcement yet.

                              Court Claim ?

                              Guides and Letters



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Loading...
                              Working...
                              X