• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

1450 Speeding Fine - wow

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

  • leaforge
    started a topic 1450 Speeding Fine - wow

    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

  • mystery1
    replied
    Re: 1450 Speeding Fine - wow

    Originally posted by leaforge View Post
    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

    Telling the court was entirely meaningless. It wasn't the court that sent the s172 notice. It was the court that found you guilty of not providing an adequate response within the statutory timeframe of 28 days from service of the s172 request.

    M1

    Leave a comment:


  • bluebottle
    replied
    Re: 1450 Speeding Fine - wow

    Originally posted by enquirer View Post
    Agreed, it's got Colonel Blimp's fingerprints all over it!
    Getting rid of JPs from the justice system is a subject where solicitors and barristers - and some police officers - share common ground. When JPs are appointed, they are told to leave their personal and political beliefs and prejudices outside the court building. The reality is that many don't and you get ridiculous and, sometimes, disproportionate sentences handed out. I have seen Clerks of the Court shake their heads in disbelief or tell them they can't do what they like, loud enough for everyone in the court to hear. Having prosecuted in front of both JPs and District Judges, I have to say that DJs, being legally-trained, give better justice.

    It might pay you to speak to the court's legal team as they would have handled the case papers prior to the date of the hearing and scrutinised them.

    Leave a comment:


  • wales01man
    replied
    Re: 1450 Speeding Fine - wow

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

    Leave a comment:


  • leaforge
    replied
    Re: 1450 Speeding Fine - wow

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

    Leave a comment:


  • ploddertom
    replied
    Re: 1450 Speeding Fine - wow

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

    Leave a comment:


  • wales01man
    replied
    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

    Leave a comment:


  • leaforge
    replied
    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

    Leave a comment:


  • ploddertom
    replied
    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.

    Leave a comment:


  • wales01man
    replied
    Re: 1450 Speeding Fine - wow

    Strange one here?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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?

    Leave a comment:


  • mystery1
    replied
    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

    Leave a comment:


  • wales01man
    replied
    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 ????

    Leave a comment:


  • enquirer
    replied
    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!

    Leave a comment:


  • bluebottle
    replied
    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.

    Leave a 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.
Working...
X