£1450 Speeding Fine - wow

[leaforge]

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

[labman]

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:

[enquirer]

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.

[bluebottle]

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.

[enquirer]

Re: £1450 Speeding Fine - wow

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!

[wales01man]

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 ????

[mystery1]

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

[labman]

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?

[wales01man]

Re: £1450 Speeding Fine - wow

Strange one here?

[ploddertom]

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

Spot on I would guess.

[leaforge]

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

[wales01man]

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

[ploddertom]

Re: £1450 Speeding Fine - wow

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

[leaforge]

Re: £1450 Speeding Fine - wow

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

[wales01man]

Re: £1450 Speeding Fine - wow

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