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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69793
Experience:  Over 5 years in practice.
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I paid a fine but forgot to send my license. I

Resolved Question:

I paid a fine for speeding but forgot to send my license. I then received court docs. I explained to the court the situation but they said I would just have to plead guilty by post and write some mitigation circumstances. Which I did. I then receied a 415 fine and 4 points. can i appeal this?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this. What were you found guilty of?
Customer: replied 1 year ago.
speeding, 42 in a 30
Expert:  Jo C. replied 1 year ago.
What were your mitigating circumstances?
Customer: replied 1 year ago.
That I had paid the fine within the time frame but omitted to send in the license.
Customer: replied 1 year ago.
i was quite happy to accept the fine and 3 points at the tiime
Expert:  Jo C. replied 1 year ago.
You can appeal. You have an automatic right of appeal from any decision of the Magistrates court to the Crown Court.
It isn't a good idea though. Your sentence will not be disturbed and you will end up paying further costs.
Given that this is 42 in a 30 mph zone the guidelines do actually suggest they should have summonsed anyway. They omitted when they offered the fixed penalty. I realise that you paid it but, come what may, you didn't send your licence in so they couldn't add points.
4 points is actually the minimum number of points on the sentencing guidelines.
The amount of the fine is arguably on the heavy side. However, there would be £85 in costs, and the victim surcharge would be 10% of the fine. if this was in court before Christmas Eve 2015 there would have been a court charge of £180 as well. The sum of the fine is worked out on the basis of a percentage of your weekly income. When it is broken down it is not really a sentence that can be challenged on appeal successfully.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Ok, thankyou.at the time i was in full time employment now I am in part time 10% of previous. does this make a difference?
Expert:  Jo C. replied 1 year ago.
Did you fill out a means form?
Customer: replied 1 year ago.
i did when i was on full salary
Expert:  Jo C. replied 1 year ago.
It might be reduced to reflect your new means but the increased costs of an appeal would probably cancel it out.
Customer: replied 1 year ago.
ok thanks
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69793
Experience: Over 5 years in practice.
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