Conditional Offer of a Fixed Penalty

[RJH]

Re: Conditional Offer of a Fixed Penalty

Also, how do I write a mitigation, and how do I address them?

[des8]

Re: Conditional Offer of a Fixed Penalty

Address Magistrates as "sir" or "madam". You could use "your worship" but IMO that's a bit old hat!

IMO a plea in mitigation comes better from a letter than just filling in the form.
Be respectful, and to the point, not long winded.

Admit the offence and explain you realise it was your fault for not having read the policy documents properly.
Explain the family situation and hope!

Re mitigation to avoid losing licence under totting up you can point out your previous points have now expired

Re job... it would be in your best interest to clear the matter with your future employer.
If losing your licence is a no no for him, perhaps he would hold the position open for you until after the court case

[RJH]

Re: Conditional Offer of a Fixed Penalty

Address Magistrates as "sir" or "madam". You could use "your worship" but IMO that's a bit old hat!

IMO a plea in mitigation comes better from a letter than just filling in the form.
Be respectful, and to the point, not long winded.

Admit the offence and explain you realise it was your fault for not having read the policy documents properly.
Explain the family situation and hope!

Re mitigation to avoid losing licence under totting up you can point out your previous points have now expired

Re job... it would be in your best interest to clear the matter with your future employer.
If losing your licence is a no no for him, perhaps he would hold the position open for you until after the court case

[MENTION=39710]des8[/MENTION] I've spoken to my new employer, he is fine with it luckily so that's one positive. I've made my plea online, however put my mitigation into a letter format on the site to make it look a bit better.

I've signed up to email alerts now too, so any progression with the case and I'll be informed that way.

[mystery1]

Re: Conditional Offer of a Fixed Penalty

Who knows why they did not put the dates on shows how this country works getting it wrong all the time.
Whether you plead or are found guilty try to give good reason why this happened and fingers crossed for a descent result for you.
Stupid that this has dragged on for so long Good luck in Court

Case law on the subject. http://www.bailii.org/ew/cases/EWHC/...2004/1457.html


Mitigation is no go. What you seem to want to do is put forward an exceptional hardship argument in order to be punished but keep your license. Exceptional hardship would focus on others such as family etc as YOU are supposed to suffer to an extent.

M1

[RJH]

Re: Conditional Offer of a Fixed Penalty

Case law on the subject. http://www.bailii.org/ew/cases/EWHC/...2004/1457.html


Mitigation is no go. What you seem to want to do is put forward an exceptional hardship argument in order to be punished but keep your license. Exceptional hardship would focus on others such as family etc as YOU are supposed to suffer to an extent.

M1

[MENTION=5354]mystery1[/MENTION] as I did it online, it never gave me the option for exceptional hardship other than financial which I filled in. However, it gave me the option for mitigation and in brackets had something along the lines of 'things you wish us to consider' so I typed in correct letter format about the problems it would cause others including my family, and my daughter who lives 17 miles away and is the subject of an agreed contact order.

[mystery1]

Re: Conditional Offer of a Fixed Penalty

That's probably ok but if i was in your shoes i'd turn up suited and booted looking sorry and showing you take it seriously as it'll make it look like you take it more seriously and increase your chances of avoiding a 6 month ban.

M1

[RJH]

Re: Conditional Offer of a Fixed Penalty

That's probably ok but if i was in your shoes i'd turn up suited and booted looking sorry and showing you take it seriously as it'll make it look like you take it more seriously and increase your chances of avoiding a 6 month ban.

M1

They've said I don't need to attend on the day and to wait for any further instruction as to if I need to be there at any time

[mystery1]

Re: Conditional Offer of a Fixed Penalty

Correct you don't need to, yet, but they usually will not ban in absence as that could lead to driving whilst unknowingly banned. It is always the case though that exceptional hardship is best presented in person.

M1

[RJH]

Re: Conditional Offer of a Fixed Penalty

So today is the day, not sure how long it will have taken them / will take them but my court time was 9:30am.

They've said that I will have a letter within 3 working days telling me of their decision, but being Xmas will i get this before or after?

[mystery1]

Re: Conditional Offer of a Fixed Penalty

So you weren't there ? I'd phone this afternoon see if they can tell you.

Post at this time of year, how long is a piece of string ?

M1

[RJH]

Re: Conditional Offer of a Fixed Penalty

So you weren't there ? I'd phone this afternoon see if they can tell you.

Post at this time of year, how long is a piece of string ?

M1

@mystery1, no I wasn't there as when they emailed me confirming they had received my plea they told me.... "DO NOT attend court on this date....." which I thought was strange but at the same time may cut time / costs? If they need me to produce evidence they will put it to a trial I think, so I will have to go in to be banned.
Also, I will give them a call later on this afternoon to see if they will relay any information to me.

[RJH]

Re: Conditional Offer of a Fixed Penalty

Quick update - rang them and they won't have the information until Monday, so I am to call back then and they will tell me.

[RJH]

Re: Conditional Offer of a Fixed Penalty

UPDATE

Rang court today and have been given the following:

- No ban
- 6 points
- Total Fine (including costs) of £603.00 (to be paid in 14 days I believe)

So I guess in the grand scheme of things that is a decent result considering what it could have been?

Thanks for the advice all, and I'll be making sure I read everything from now on!

[wales01man]

Re: Conditional Offer of a Fixed Penalty

A nice Christmas pressie in one respect a lesson learnt be careful from now on its as you have seen not worth overlooking anything in motoring law always be sure of what you are doing.
Pleased for you although I cannot condone no insurance as you believed you were covered .
Good luck

[Openlaw15]

Re: Conditional Offer of a Fixed Penalty

Hello,

Hoping that someone can help me here without judging.

I have attached a copy of the letter I've received today from the local police force, and would like to know the following:

1) Why would it have taken them 2 months to write to me about it and offer me the fixed penalty? Can I reject this based on the length of time it has taken to come through?

2) If I accept the fine and 6 points, I have 6 points already which are due off in November. If they add the 6 this time and take my licence, when would I get this back? Once the other 6 go off, or not?

3) I am thinking of contesting and going to court, on the basis that I was driving because my OH was hurting (pregnancy) and it was an error on my part as I was under the assumption that my insurance covered me. Is it worth going to court?

I don't condone the offence I have had put to me, and accept that it's my error that has led to this, but if I go to court to make my case (travel 20 miles each way for work and catching train every day isn't feasible for long-term, have a court order to see my daughter that would be broken because of no travel, may lose job because of lack of public transport into the area (thus meaning child maintenance payments would be virtually nothing etc.) would it stand a chance of potentially lowering points to 5 with a higher fine?

Any advice will be appreciated,

Thanks

Good result for you, i think