3. Fixed piality notice (300) that turn into £1000 fine
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Fixed piality notice (300) that turn into £1000 fine
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Hi All,

Thanks for trying to help me with these issues. This fine is the last thing I need in this continuously increasing cost of living.

My mises caught by the police while driving my car, apparently, she wasn't insured for it (which I thought she was the as second driver).

So she received a letter stating whether to accept to pay 300 + fixed penalty or to take the matter to court.

She paid 300 pounds. However, she failed to send the driver's licence within the required time, so she received a letter saying that she would get a refund and the case would be taken to court.

She received the "Single Justice Procedure Notice," which had been lost in the house for a couple of weeks. In conclusion, the "Single Justice Procedure Notice" has been filled out and sent.

last week, she has received notice of fine and collection order asking to pay 1014. from 300 to 1000 ridiculous.


She only works on a part-time basis.

I have uploaded all letters received.

https://1drv.ms/b/s!ApaqfnOtK0DEj3ztNS4Cguan0tYH?e=ZGBuSo

How can we deal with this issue?

All Best
« Last Edit: June 21, 2024, 03:28:29 pm by DefeatDsys »
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Re: Fixed piality notice (300) that turn into £1000 fine
« Reply #1 on: »
I've asked a moderator to transfer this to the right forum
https://www.ftla.uk/speeding-and-other-criminal-offences/
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Re: Fixed piality notice (300) that turn into £1000 fine
« Reply #2 on: »
You'll need to use a third party site like Imgur to upload any images
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Re: Fixed piality notice (300) that turn into £1000 fine
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Where the court has no details of the defendant’s income, a default income of £440pw is used. No Insurance attracts a fine of 1.5 week’s income. This means the fine imposed was £660. The rest of the sum would be a “surcharge” of 40% of the fine (£264) and £90 prosecution costs.

This indicates that the court did not act on your wife’s (presumably) guilty plea (which would have seen a reduction of one third off the fine) or (if she provided it) on details of her income.

Had she completed the SJPN in time she could have asked the court to sentence her at the fixed penalty level. They have the power to do this, though may not have been inclined to do so as it was her fault that the fixed penalty could not be taken up. But they certainly would have allowed a discount for a guilty plea and would have based any fine on her income.
 
Apart from appealing against her sentence in the Crown Court (which will prove expensive in the event of failure) her only realistic avenue of remedy is to ask the court to reopen her case under Section 142 of the Magistrates’ Court Act. They have the power to do this, set aside the earlier penalties and sentence her again.
 
It seems likely that her response to the SJPN was either not received at all or received too late. The dates of the SJPN and the date she responded would help show which of these occurred. The court may be reluctant to reopen the case in the event tt was late but normally are not too keen o accommodate defendants who simply do not respond in time.
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  3. Fixed piality notice (300) that turn into £1000 fine