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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I WAS GIVEN A FINE OF 250,000.00 POUNDS FOR PLANNING BEACHES

Customer Question

I WAS GIVEN A FINE OF 250,000.00 POUNDS FOR PLANNING BEACHES WITH A COSTS ORDER OF SOME 14,000.00. ON APPEAL THE COSTS ORDER REMAINED BUT THE FINE WAS REDUCED TO 100.000.00 WITH 28 DAYS TO PAY.FAILURE TO PAY GENERATED A 24 MONTH JAIL TERM NOW REDUCED TO 15 MONTHS IN LINE WITH THE APPEAL COURT REDUCTION. AT THE TIME OF THE FINE NO FINANCIAL INFORMATION WAS PROVIDE AS MY BARRISTER STATED THAT HE THOUGHT THE FINE WOULD BE A MAXIMUM OF 20,000.00 AND EVEN AT THAT LEVEL HE WOULD BE APPEALING.
IF I GO TO PRISON WILL THE FINE AND COSTS BE WRITTEN OFF
I HAVE SINCE BEEN MADE AND AM CURRENTLY BANKRUPT CAN I MAKE AN OFFER TO PAY THE FINE AND COSTS ON A MONTHLY BASIS
MY NAME IS***** *********** OR MAIL AT *****@******.***
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Yes if you go to prison the fine and costs will be written off

Alex Watts :

You can also go bankrupt which will write off the costs but not the fine

Alex Watts :

Can I clarify anything for you about this today please Nigel?

JACUSTOMER-2ruffzz0- :

as i am already bankrupt the costs i presume are written off should i be granted time to pay the 100k in my circumstances if i pay a percentage will this automatically reduce any custodial sentence pro rata

Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

as i am already bankrupt the costs presumably are written off, should i be granted extended time to pay by installments presumably anything then paid would be taken as a pro rata reduction against the time served in prison

Expert:  Ash replied 3 years ago.
If you were made bankrupt after the event then yes.
Alex
Customer: replied 3 years ago.

can you please answer the other matters raised above at same time

Expert:  Ash replied 3 years ago.
You will either pay by installments and its agreed or non payment and you go to prison.
But if you pay some and not all then the remaining sums would be pro rata in prison yes.
Alex
Customer: replied 3 years ago.

what do i have to do to apply to pay by installments and what is the maximum term i can apply for to do this please

Expert:  Ash replied 3 years ago.
You need to apply to the fines Court to pay by installments.
As for term times please see:
http://sentencingcouncil.judiciary.gov.uk/guidelines/guidelines-to-download.htm
Its the Magistrates Court sentencing.
Alex
Customer: replied 3 years ago.

its the high court Sheffield when the matter was appealed in London should the term in prison not have reflected the fine some which was more than halved sooner than it be reduced on an uneven scale to say 8/10 months not 15 months originally it was 24 months but was only reduced to 15 months the fine being originally 250k and reduced to 100k.

Expert:  Ash replied 3 years ago.
Yes any sentence would only be on the balance outstanding.
Alex
Customer: replied 3 years ago.

is it correct then that the appeal judgement might have an error on this principle as it shows that if i do not pay the fine then the term to serve is 15 months which seems not to be a correct formula bearing in mind the substantial reduction in the fine its self

Expert:  Ash replied 3 years ago.
Yes it would appear so.
ALex
Customer: replied 3 years ago.

what will I need to do please to sort this with the appeal court

Expert:  Ash replied 3 years ago.
You need to seek permission to appeal.
Alex
Customer: replied 3 years ago.

is this a matter that you can deal with for me

Expert:  Ash replied 3 years ago.
Sadly not, its against site rules to be instructed, but I would love to have helped.
Alex
Customer: replied 3 years ago.

can you advise any capable lawyers

Expert:  Ash replied 3 years ago.
Again its against site rules. But you can go to:
http://solicitors.lawsociety.org.uk/
To find ones local to you.
Alex
Customer: replied 3 years ago.

one other question would I be eligible for hdc tagging with this if sent to prison for none payment

Expert:  Ash replied 3 years ago.
Yes if you were released.
Alex