Can I appeal a fine and 6 points on a charge for not

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.

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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.

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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.

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.

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.

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.

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.