Ford Fiesta - Speeding Fine - Sean Madden
Hello,

Just got it with a speeding fine for doing 88 in a temporary 50mph zone on a moterway.
Wondering if there is anyway of appealing it. I’m 23 and can’t afford £1000. It was an early morning open stretch of road no road works. Had the visor down?
Ford Fiesta - Speeding Fine - Avant

You'd have to have specific grounds for appeal. It's difficult to think what they might be: even if the 50 mph signs weren't clear (and normally they are repeated at regular intervals) you were still well over the 70 mph limit.

Ford Fiesta - Speeding Fine - Sean Madden
Okay could I have grounds if the speed camera is obstructed from view?
Ford Fiesta - Speeding Fine - daveyjp

Legal advice to enter a not guilty plea will cost far more than £1,000.

If you had been doing less than 70 you may have a chance, but 88mph is excessive even when it is a 70 limit. Your speedo would probably be reading 90-95.

As it's in excess of 30mph over the limit you could be receiving a summons and mitigating for fine and points and not a ban.

Ford Fiesta - Speeding Fine - Sean Madden
Yeah I have no previous convictions so could that work in my favour avoiding the worse penalty?
Ford Fiesta - Speeding Fine - concrete

If the fine is issued because you tripped an average speed camera or even a gantry camera your goose is cooked. You won't be offered a fixed penalty or speed awareness course and you may be required to attend court even if pleading guilty. Your alternatives are, turn up well dressed and very very humble and contrite and plead for leniency. Do not, whatever you do, say you did not see the road sign etc as this also driving without due care and attention. You were in a hurry and are dreadfully sorry etc etc. Or, you can hire a specialist lawyer who defends the indefensible. The type who gets the likes of Beckham and Co off their offences. That will probably be the cost of a new small car though. Your mitigation of early morning, empty road etc will not be accepted as a valid reason to break the speed limit but it might explain why you got carried away into increasing your speed. Good luck son. Hope it works.

Cheers Concrete

Ford Fiesta - Speeding Fine - Sean Madden
Hi,

Yeah I thought as much. The points I’m not too bothered about it’s if they give me a £1000 fine I won’t be able to afford to pay. Would the adjust it to my wages? For instance take £100 for 10 months?
Ford Fiesta - Speeding Fine - RT
Hi, Yeah I thought as much. The points I’m not too bothered about it’s if they give me a £1000 fine I won’t be able to afford to pay. Would the adjust it to my wages? For instance take £100 for 10 months?

88 mph in a 50 is Band C so the starting fine would be 150% of your weekly wages plus either 6 points or a driving ban.

The fact that the temporary speed reduction is to protect workers in the road works may be grounds for increasing the penalty

Ford Fiesta - Speeding Fine - nellyjak

Sorry mate, but I don't seee anyway out of this for you...time to suck it up I fear.

Your biggest negative is that you were doing well ABOVE the national speed limit for a motorway...never mind the temporary 50mph limit.

Ford Fiesta - Speeding Fine - Bromptonaut
Hi, Yeah I thought as much. The points I’m not too bothered about it’s if they give me a £1000 fine I won’t be able to afford to pay. Would the adjust it to my wages? For instance take £100 for 10 months?

The maximum fine for speeding is £1,000 (but £2500 on a motorway):

https://www.gov.uk/speeding-penalties

The sentencing guidelines will give some leeway for a guilty plea. I don't think you've a hope in hell of defending (unless perhaps at ridiculous cost via Mr Loophole)

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/

You can ask for time to pay.

Ford Fiesta - Speeding Fine - craig-pd130

Some questions:

1) are you the registered keeper of the car (that is, is it your name and address on the V5 document)?

2) does the Notice of Intended Prosecution (NIP) have ALL the details correct: registration number, make/model etc?

3) did you receive the NIP within 14 days of the day following the speeding offence?

4) was it sent to you by 1st Class post?

Check all of these VERY carefully. If you can honestly answer 'no' to any of 2), 3) or 4) then the NIP could be invalid.

However, if the NIP is legit, you're looking at 6 points and a fine of around a week's wages if you plead guilty. You probably don't have a defence unless you can prove there were no signs indicating the temporary speed limit.

Ford Fiesta - Speeding Fine - Terry W

I can feel some sympathy for those who are caught doing 10-20mph over the limit on a quiet road - I've been there.

ut 38mph over the limit is plain irresponsible - deal with the consequences and learn for the future.

Sorry to be unsympathetic!

Ford Fiesta - Speeding Fine - Sean Madden
No I get it. Not looking for the sympathy just scared of getting a criminal conviction?
Ford Fiesta - Speeding Fine - RT
No I get it. Not looking for the sympathy just scared of getting a criminal conviction?

It's "just" a speeding conviction, not a serious offence that's going to blight your whole life - and if the speeding conviction matters so much then you really must learn a lesson and drive within speed limits.

Ford Fiesta - Speeding Fine - Bromptonaut
No I get it. Not looking for the sympathy just scared of getting a criminal conviction?

I don't think there are many circumstances, barring access to some driving jobs, where even a serious speeding offence like this (ie one with more than 3 points) is an issue.

On the other hand faffing about with dubious defences of the type advocated on some websites, like playing fast/loose over ownership or facts of the offence can get into very hot water - perverting the course of justice.

Ford Fiesta - Speeding Fine - Manatee

On the other hand faffing about with dubious defences of the type advocated on some websites, like playing fast/loose over ownership or facts of the offence can get into very hot water - perverting the course of justice.

Yep. Unless there's a clear problem with the evidence or the process then it's time to grovel.

Assuming they haven't issued you with a fixed penalty and you have to go to court, you might consider finding a solicitor to help you mitigate. They can't really do much you can't do yourself, in theory, but not everybody (including me) feels confident of making the right impression on magistrates and hitting the right buttons in terms of arguments for avoiding disqualification. I should think disqualification will make a lot more difference to future insurance costs than points. Cost of a solicitor will be low hundreds rather than thousands, and you should be able to agree a fixed fee for turning up to represent you.

If you decide to make your own plea I'd suggest avoiding excuses (there are none) and concentrating on remorse and your intention to be a reformed character, plus of course why losing your licence would cause hardship. Maybe sign up for something like a RoSPA course, of your own volition?

Ford Fiesta - Speeding Fine - glidermania
Hello, Just got it with a speeding fine for doing 88 in a temporary 50mph zone on a moterway. Wondering if there is anyway of appealing it. I’m 23 and can’t afford £1000. It was an early morning open stretch of road no road works. Had the visor down?

Where to start with this?!

You could claim you were 'touching cloth' so were desparate to get somewhere! Seriously, if you were doing 88 in a 50 and using lame excuses that the visor was down, you arent getting off with this.

I'd suggest you dont be so flippant when driving but that will probably be ignored, eh?

Ford Fiesta - Speeding Fine - Middleman

Nothing you've said provides a defence. It is worth checking the points made by craig sp130 at 18:15 yesterday. However, you should note that the NIP does not have to include details of your vehicle. All that is required is that it informs you of "...the nature of the alleged offence and the time and place where it is alleged to have been committed," So "speeding on M25 clockwise between junctions 6 and 7 at 18:30 on 1/8/20" will do.

You will not be offered a fixed penalty for the offence. They are only offered up to 75mph in a 50mph limit. You will receive a "Single Justice Procedure Notice" informing you of court action. This could take up to six months or a little more. The likely outcome (if you plead guilty) is a fine of a week's net income, a Victim Surcharge of 10% of the fine (minimum £34), £85 costs and six points. The court does have the discretion to ban you for a short time (guidelines suggest up to 56 days) though six points will be far more likely. If the Singe Justice believes a ban should be considered your matter will be listed for a hearing in the normal magistrates' court and you will be invited to attend. You cannot attend a "Single Justice" hearing but if you want to have your matter dealt with in the normal court from the outset you will have that option when you receive your SJ notice. The guidelines used and potential penalties are the same whether imposed by an SJ or a normal court.

Ford Fiesta - Speeding Fine - Bromptonaut

Middleman, as ever in these sort of cases, hits the nail on the head.

Ford Fiesta - Speeding Fine - Cris_on_the_gas

Firstly what you did was totally irresponsible and many including myself believe that you should be punished for what you did and hope that makes you drive more appropriate to the conditions in future. All that wash about not being able to afford the fine is t***, you should have thought about that before. If you can't do the time or pay the fine don't do the crime !

Why was the visor was down ? If due to low sun and reduced visibility then would be totally irresponsible to try it as mitigation. Your in a hole, stop digging.

However there my be a lifeline for you, it will mean a bit of digging around for you but better to do this that mope about.

Worth checking if the traffic order was in force at the time you committed the offence. In many case the signs go up before the order comes into force. You will then plead guilty to exceeding the statuary 70mph limit that was in force. Most likely at 88 mph you are still over the threshold for fixed penalty but only just. 10% + 9mph is generally used by most forces. I think you are in the threshold for a ban for 88 in a 50mph.

Edited by Cris_on_the_gas on 21/08/2020 at 15:10

Ford Fiesta - Speeding Fine - Middleman

Worth checking if the traffic order was in force at the time you committed the offence.In many case the signs go up before the order comes into force. You will then plead guilty to exceeding the statuary 70mph limit that was in force.

If it was a 50mph stretch within a "variable speed limit" area no traffic order is required.

Most likely at 88 mph you are still over the threshold for fixed penalty but only just. 10% + 9mph is generally used by most forces. I think you are in the threshold for a ban for 88 in a 50mph.

The threshold of "Limit+10%+ 9mph" is for the offer of speed awareness courses. Fixed penalties are offered up to and including 95mph in a 70mph limit.

Edited by Middleman on 21/08/2020 at 17:03

 

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