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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was caught by a mobile speed camera doing 96mph in

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Hello,I was caught by a mobile speed camera doing 96mph in a 70mph limit on the A64 in North Yorkshire.Clear day, good weather, little or light traffic. No other mitigating circumstances.I received a summons and pleaded guilty online at this site:https://www.makeaplea.service.gov.uk/?utm_source=Justice%20domain&utm_mediumThe site says "If you plead guilty online you may get a 33% reduction on any fine"I received a fine of £996 and 3 penalty points. Whilst I fully admit my guilt and was expecting to pay a fine I find this unduly excessive - especially when compared to other fines issued recently. Current speeding fine levels can be obtained from this website where people register their speeding fines and circumstances. It is neither comprehensive or legally relevant: but it provides a broad indication:http://www.ukmotorists.com/speeding%20fines2.aspIt appears that the fine I received is orders of magnitude above how others are treated.Also, the paperwork I received when I received the fine required me to provide details of my monthly incomings -- and outgoings.But when I pleaded online, it just asked me one question "How much do you earn?" (which is £4500/month net).There was a box on the form which said "If you have any questions about the plea, please write them here and provide an email address where we will respond to you."I asked "Where do I write my outgoings as per the paperwork you sent me, or are these not required?", and gave my correct email address. I received no response.So I have three questions:
1. I feel my fine is excessive. Do I have any recourse.
2. There is no mention of any 33% fine reduction for pleading guilty online. Under what curcumstances does this come into effect and how can I determine if it was applied or if a mistake was made?
3. My question on my plea submission was not answered by the court. I feel a little aggrieved that the correct due process was not followed as diligently as the court requires me to follow due process. Does this help my case?Basically, do I have any options or recourse?Many thanks, ***** *****
Matthew Gaunt
Submitted: 1 year ago.
Category: Traffic Law
Customer: replied 1 year ago.
Correction to above:
"Also, the paperwork I received when I received the fine required me to provide details of my monthly incomings -- and outgoings."Should read:
"Also, the paperwork I received when I received the SUMMONS required me to provide details of my monthly incomings -- and outgoings."
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
1. I feel my fine is excessive. Do I have any recourse.
You can appeal the fine. but the fine is linked to your relevant weekly income, so the more you earn, the higher the fine is.
2. There is no mention of any 33% fine reduction for pleading guilty online. Under what curcumstances does this come into effect and how can I determine if it was applied or if a mistake was made?
You can ask the Court to clarify this, but it will be in the court record.
3. My question on my plea submission was not answered by the court. I feel a little aggrieved that the correct due process was not followed as diligently as the court requires me to follow due process. Does this help my case?
No, because the court takes into account income.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi, Alex, thanks for the quick response. I have some additional points:1. What is the maximum fine for this offence?
2. You mention that the court record will contain information as to whether I received the discount which is alluded to on HM Gov's site. How can I obtain access to the court record and how should I present the question? Directly or through a lawyer?3. You write: "The court takes into account income"
I accept that. But if only income is taken into account, why does the paperwork I received with the summons require that I document my outgoings, whereas the online form does not? Isn't it the case that the two would yield different means testing results. If only income is taken into account, why did the paper copy ask for outgoings?Thanks in advance, Matthew
Expert:  Ash replied 1 year ago.
1. What is the maximum fine for this offence? £1000 except for motorway which is £2500
2. You mention that the court record will contain information as to whether I received the discount which is alluded to on HM Gov's site. How can I obtain access to the court record and how should I present the question? Directly or through a lawyer?
You can simply write to the Court and ask for a copy of the memorandum of conviction.
3. You write: "The court takes into account income"
I accept that. But if only income is taken into account, why does the paperwork I received with the summons require that I document my outgoings, whereas the online form does not? Isn't it the case that the two would yield different means testing results. If only income is taken into account, why did the paper copy ask for outgoings?
No, because the form you send in to Court still shows income and this is what is counted. Not nett income less expenses but income.
Does that clarify?
Alex
Customer: replied 1 year ago.
HI Alex,Thanks again for the speedy response. Just a couple of points to finalise:Thanks for the clarification. I am not familiar with the content of a memorandum of conviction - but it occurs to me that if the maximum fine is £1000 (I was on an "A" road) and my fine was £996 then it can't have not been discounted by 33% as the original fine would have exceeded the maximum for the offence. So how can I determine under what circumstances this 33% discount should apply? The site is vague: it says "You may receive a 33% discount" without specifying the critiera for qualification. How is this decided?https://www.makeaplea.service.gov.uk/?utm_source=Justice%20domain&utm_mediumSecondly, if only income is taken into consideration, why does the paperwork issued with the summons request additional details of outgoings in the first place?Many thanks in advance,
Matthew
Customer: replied 1 year ago.
Correction to above:
"my fine was £996 then it can't have not been discounted"
should read:
"my fine was £996 then it can't have been discounted"
Expert:  Ash replied 1 year ago.
You can ask for memorandum of conviction then appeal sentence if it was worked out wrong.
Does that help?
Alex
Customer: replied 1 year ago.
Kind of. It's the vagueness of the wording though:
"You may get a 33% discount on your fine if you plead guilty"May I ask - do you know the process for deciding if the discount applies to a particular case? Specifically, under what circumstances would one offender receive the discount and another offender not?
Expert:  Ash replied 1 year ago.
If you plead guilty the guidelines say you should get the discount. The 1/3rd off is quite normal. I have never known anyone not get the discount if they plead guilty.
Does that clarify?
Alex
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes it does, thank you very much. I'll pursue that.Thank you very for your help.
Regards,
Matthew

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