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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Ive been served a court fine, complying to an enforcement

Resolved Question:

Hi, ive been served a court fine, for not complying to an enforcement notice due to a 2 storey house planning application, can i appeal the fine? They have fined me and my wife £5,500 each.
Ive had a planning application inspector appeal dismissed.
Is it worth to fight for a lower fine? As some people have said sometimes the fine can get higher if someone appeals it.
Any help will be appreciated.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
The court i had gone too was a magistartes court, the enforcement had been for 3 years, could not comply to the enforcement due to sick father who sadly passed away last year, as he insisted he wanted to keep the extension.
Customer: replied 2 years ago.
I had pleaded guilty for the offence at court this wednesday.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Who issued the fine please?
Customer: replied 2 years ago.
The magistrates court
Expert:  Ash replied 2 years ago.
Ok. You have a limited time to appeal the fine, but yes you can. This is called an appeal sentence. You have 21 days go do this. The matter then gets referred to the crown court who decide whether the sentence was appropriate or excessive.
However if you appeal and lose you can be liable for the costs of the other side attending the appeal.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Do you personally think the fine i was given was fair for an house extension?As normally shouldnt it be more if someone has made money out of the land?
Customer: replied 2 years ago.
Whats the cost for an appeal to the crown court?
Customer: replied 2 years ago.
And if i get a lower fine, does the council pay the legal costs?
Customer: replied 2 years ago.
I had made a mistake as i should have taken a solicitor with me, but due to the 14 days they had given me i could not have got any one, instead of county court can it be trialed again at the magistartes court instead?
Expert:  Ash replied 2 years ago.
It seems a high fine, but litigation is never certain. If you get a lower fine then you won't have to pay costs.
Alex
Customer: replied 2 years ago.
What would be the court costs if i decide to appeal?
Customer: replied 2 years ago.
Will i still need to pay costs for the first court date?
Customer: replied 2 years ago.
Will require a criminal solicitor or a planning one?
Customer: replied 2 years ago.
Whats the difference between a solicitor and a lawyer?
Customer: replied 2 years ago.
By the court i was in was huddersfield magistrates court in west yorkshire
Expert:  Ash replied 2 years ago.
This is not a county court matter so you can only appeal from magistrates to crown. There may be a fee, so you should check with the court.
You can get a solicitor but all you need is a criminal one as this is appeal sentence. A lawyer is a generic term for someone who deals in law. A solicitor is a type of lawyer.
Does that help?
Alex
Customer: replied 2 years ago.
Is the appeal from time when the fine had been given? Or when they send me a letter?
Customer: replied 2 years ago.
Can they put a bigger fine ? Or are they not allowed to do that? Will a mitigation case help due to my father being ill?
Expert:  Ash replied 2 years ago.
Yes they can make a bigger fine, that is the risk. The appeal time is from date of sentence. The fact your father is ill makes no difference.
Does that clarify everything for you?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok thanks thats all