I believe HMTCS sending me details of the Appeal process is another rouse to kick the ball in to the long grass and delay proceedings with the intention of having my request refused due to the lapse in time since I was notified of the sentence.
Actually I don’t think they’re that clever, but it doesn’t really matter.
I think the problem you have encountered is precisely that which I envisaged in my post on April 24th. Requests such as yours are initially handled by administrative staff who (and it’s not their fault) have little idea of the legal processes that are involved.
Essentially one of only two scenarios could apply in your case: either your response to the SJPN, (indicating your guilty plea and providing details of your income) was received or it was not.
If it was received, your fine would be based on a multiple of your stated income but capped at £1,000 – the maximum for the offence. The guidelines for 34mph in a 20mph limit suggest a fine of one week’s net income. If your income is £1,000 per week or more that is the most your fine should be. However, you are entitled to a one third discount off that fine for a guilty plea, making the maximum fine £667.
If your response was not received the court would have no information concerning your income and so would use a default figure of £440pw. In that event they would also not have received your guilty plea, so you would not receive a discount, so the fine should be £440.
Either way, you have been over-fined to the tune of between £333 and £560 (possibly more if your income is less that £440pw). Added to that, the fine attracts a surcharge of 40%, so you can increase those figures by that amount.
These are the very minimum figures. Of course if you can persuade the court to sentence you at the fixed penalty level, the excess you have been charged is much higher.
It is ludicrous to advise you to appeal to the Crown Court. There is no need. There has clearly been an error made in your sentencing which can be easily rectified in the Magistrates’ Court. As well as that, in view of the time lapse, the Crown Court will not entertain it. The wording in their reply, which mentions appealing against your conviction, leads me to believe that this is standard wording which is pumped out whenever the word “appeal” is mentioned in a request such as yours and that no proper consideration has been given to your individual problem.
As I said in my earlier reply, you must insist on this matter being put before the court for consideration. Best, I think, to avoid using the word “appeal”. What you are doing is not making an appeal (which can indeed only be done in the Crown Court) but emphasise that you want the matter
reopened in the Magistrates’ Court under s142. This might prevent another standard reply being produced. Make it clear that there has undoubtedly been an error in your sentencing (you don’t need to go into too much detail - you can provide that to the court at your hearing). That is your reason for asking for the case to be reopened.
