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MARTINT330
MARTINT330,
Category: Traffic Law
Satisfied Customers: 1701
Experience:  Expert
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Can I appeal a fine and 6 points on a charge for not

Customer Question

Hi can I appeal a fine and 6 points on a charge for not informing driver of car for speeding. I did inform it wasn't me driving but they said never received it
JA: Because traffic laws vary from place to place, can you tell me what location this is in?
Customer: East midlands
JA: Was a citation issued? Was a court date set?
Customer: Court date was set and held and I sent statement and also details of driver
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I sent evidence that the same unit lost paperwork of mine for similar issue - which was Me last year but then eventually found it
Submitted: 18 days ago.
Category: Traffic Law
Expert:  MARTINT330 replied 18 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 18 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 18 days ago.
Just If there is anything else I could do or should do to not have points or fine and raise with court to challenge
Expert:  MARTINT330 replied 18 days ago.

Generally, if someone else was driving at the time, you are not liable for the fine. You must respond to the NIP to tell the police this. If someone else was driving your car at the time, you must inform the police of who the driver was. It is illegal for you to accept responsibility for another person's offence.

It is also illegal to decline to provide the driver's details, whether it was you or another person. This carries a minimum sentence of six points on your licence or even a driving ban.

Expert:  MARTINT330 replied 18 days ago.

Is there anything else I can help with today?

Customer: replied 18 days ago.
I am aware is illegal to provide info I have done that but had a court hearing because the police said they had never received the information that I sent so the court hearing was held last week and I got 6 points and a fine . I was unable to attend but sent a statement and some supporting evidence including who was driving to the court . Is there a way I can appeal this
Customer: replied 18 days ago.
any more advice re that matter please
Expert:  MARTINT330 replied 17 days ago.

Contesting a speeding ticket is risky. If a court decides in favour of police or speed camera evidence, your speeding penalty could turn into a bigger one!  speeding tickets are contested, and only around half of those appeals are successful.

Most successful appeals are built around the technicalities of how and where a ticket was issued, although speed camera penalties can be dropped if a vehicle’s registered keeper responds to a Notice of Intended Prosecution (NIP) by claiming they can’t remember who was driving. This is itself a risky claim because if a magistrate’s court chooses not to believe it, they can fine the vehicle’s keeper up to £2,500 for failing to identify the culprit and issue a driving ban.

Customer: replied 17 days ago.
Ok well the speeding ticket wasn't mine vut the charge from court was not informing them of the driver ( I did and it wasn't me) but police said didn't so I have the points and the fine. Can I do anything about this
Expert:  MARTINT330 replied 17 days ago.

since you disagree that you have committed an offence, you can decide not to pay the Fixed Penalty Fine, and the matter will then be decided by a Court. However, this can be expensive and time-consuming for both parties, and Torfaen Council, therefore, has an internal appeals process that can help to resolve disputes before they get to Court.

you may make a complaint process is to complain (in writing) to Environmental Administrator, Ty Blaen Torfaen, Panteg Way, New Inn, Pontypool NP4 0LS or by email to *****@******.***.

Every complaint will:

  • Be investigated on the basis of the information and evidence provided by the appellant and by interviewing the person who issued the Notice
  • Receive a full written response, normally within 10 working days, with details of the Corporate Complaints Procedure. Where a more detailed investigation is required, appeals will be acknowledged within 5 working days.

Customer: replied 17 days ago.
Ok sorry im not sure if we are at odds as ny questions aren't really being answered it has already been to court that process has happened so can I do anything about it now
Expert:  MARTINT330 replied 17 days ago.

In that case, since It wasn't you driving when the speeding offence happened. You must be able to provide suitable evidence to prove one of these defences to have a successful appeal.

Customer: replied 17 days ago.
Ok how do I go about that and which is more likely to be successful as the charge was I didn't tell then I didn't attend court due to work and I'm not even sure of the judge had sight of my statement
Expert:  MARTINT330 replied 15 days ago.

You may reopen to rectify a mistake is the legal terminology.

We call this “the slip rule”. It is an all purpose rule that allows a Magistrates’ Court to reopen a case when a mistake has been made. The power is discretionary which means that an application to reopen a case can be refused. Magistrates have to decide if it is in the interest of justice to reopen the case.


Examples

Some examples of when the court might reopen to rectify a mistake are:

  • The court went ahead without you because you were not notified about a hearing.
  • Magistrates imposed too high a fine because they did not have your statement of means even though you sent it in.
  • You wrote to the court pleading not guilty but the letter was missed and you were convicted by default.
  • You wrote to the court (without the assistance of a lawyer) pleading guilty but the mitigation that you wrote down showed that you had a defence. You should have pleaded not guilty.
  • The law


The power to reopen a case to rectify a mistake is in section 142 Magistrates’ Courts Act 1980.

Expert:  MARTINT330 replied 15 days ago.

Your case would greatly benefit by having it reviewed by a solicitor near your area, who will be able to assist you further in this regard. To find a local solicitor, you can visit the website: https://solicitors.lawsociety.org.uk. You can use their search function to find one near your locality.

Expert:  MARTINT330 replied 15 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.