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Has anyone been to Court



Ding Dong !

Boy I'm HOT today !
Jul 26, 2004
3,108
Worthing
To contest a driving fixed penalty notice. My appeal seems to have fallen on deaf ears but I feel my actions are worthy of an appeal however they have you over a barrel I think. I appears that if I want to contest the allegation i have to do so in court.

Has anyone here succesfully contested a fixed penaly notice in court ? What if I now choose to go to court and lose, are are any finacial implications ?
 








Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,397
The arse end of Hangleton
By going to court you waive your right to the fixed penalty and 3 points. Instead, if they uphold the offence, you stand the chance of more points and a fine based on your income.
 


Springal

Well-known member
Feb 12, 2005
24,617
GOSBTS
Agreed. If you genuinely think you mistakenly got them, go to court. However, if you are just being a bit soft, suck it up. If its your first offence most insurance companies don't seem to care, if its SP30/SP50 or similar.
 






Shropshire Seagull

Well-known member
Nov 5, 2004
8,662
Telford
If you elect to go to court, and lose, you'll most likely incur court costs on top of your fine.
But you will get the opportunity to put your case to the magistrate, who will listen to your evidence and then decide if you are innocent or guilty.
Remember, its you versus the crown prosecution service [representing the police] so your case will already have been considered for technical loopholes and get-outs.
And the magistrate will have heard every excuse under the sun before - so you need to be 101% sure you are innocent and can prove it too.

Good luck ....
 


smeariestbat

New member
May 5, 2012
1,731
yes, fixed penalty notices are used to deal with th offnce tere and then. the submitting officer will have cautioned you at the time, so if you had a defence i hope you told him there and then, got him to write it in his notebook and signed it. if not you will be asked in court why you didnt raise this at the time you were cautioned.
 




Official Old Man

Uckfield Seagull
Aug 27, 2011
8,919
Brighton
I'm fighting a parking ticket. £35 if I pay within a month. But because I feel I was not in the wrong it goes up to £70. Lost the first appeal but not told why. Intend taking this all the way.
 


happypig

Staring at the rude boys
May 23, 2009
8,114
Eastbourne
I have sat on cases where people have defended themselves and won but they are far and few between, generally because the defendant is either :
a. guilty but trying it on ("I read on the internet that I can get away with it because....")
b. not guilty but incapable of defending themselves well enough.

If you want to PM me, feel free
 


Mister Mix

New member
Sep 3, 2012
75
Fight it in court, had a case before where I had to go to court but I no commented the whole interview, because I knew they were wrong, went to court and was thrown out within 5minutes.
 




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,397
The arse end of Hangleton
I'm fighting a parking ticket. £35 if I pay within a month. But because I feel I was not in the wrong it goes up to £70. Lost the first appeal but not told why. Intend taking this all the way.

A parking ticket and a speeding ticket are completely different animals !

Fight it in court, had a case before where I had to go to court but I no commented the whole interview, because I knew they were wrong, went to court and was thrown out within 5minutes.

I'm sorry but I don't believe you did that and got let off if it was a speeding ticket.
 


drew

Drew
Oct 3, 2006
23,378
Burgess Hill
If you elect to go to court, and lose, you'll most likely incur court costs on top of your fine.
But you will get the opportunity to put your case to the magistrate, who will listen to your evidence and then decide if you are innocent or guilty.
Remember, its you versus the crown prosecution service [representing the police] so your case will already have been considered for technical loopholes and get-outs.
And the magistrate will have heard every excuse under the sun before - so you need to be 101% sure you are innocent and can prove it too.

Good luck ....

CPS dont' represent the Police, they represent the State, which is in effect you and me. Unfortunately, Ding Dong hasn't said what the 'crime' was or what he thinks his defence is.
 






Chinster

Member
Aug 7, 2011
96
I got a fixed penalty for using a mobile phone whilst driving last year (of which i was innocent), which i took to court. I decided to get a solicitor involved which cost me over a £1000. It went to magistrates court and then went to trial. Luckily for me the CPS decided to throw out the case on the morning of the trial otherwise it would of cost me at least another £1000.
I got eventually got all my costs refunded after about 6 months.
Without a solicitor i wouldn't of stood a chance! Seems to me that if you have the money you can get off with most minor offences, if you don't splash the cash you're basically shafted! Just another tax!
To contest a driving fixed penalty notice. My appeal seems to have fallen on deaf ears but I feel my actions are worthy of an appeal however they have you over a barrel I think. I appears that if I want to contest the allegation i have to do so in court.

Has anyone here succesfully contested a fixed penaly notice in court ? What if I now choose to go to court and lose, are are any finacial implications ?
 


Mister Mix

New member
Sep 3, 2012
75
A parking ticket and a speeding ticket are completely different animals !



I'm sorry but I don't believe you did that and got let off if it was a speeding ticket.

No different offence, but I always believe in going to court, after being stitched up a few times because they try scare you
 


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