Free Traffic Legal Advice

Hi All,

I was issued with a Single Justice Procedure notice on 27/02/2025, with a deadline to make a plea by 27/03/2025.


The offence:
Exceed 40 mph speed limit in contravention of a Local Traffic Order - manned equipment.


The speed recorded was 66 mph, in an area which is described (40 mph and 50 mph), but was obviously 40 mph in this particular spot. The offence was in December. I can give the exact date if this is required.

I was the driver, and as such plan on pleading guilty. My question(s) are around the following;

- In terms of mitigation, I was unable to find a template letter to adapt. Is there one, or should this be natural/from the heart, as it were?

- Is the court likely to take my financial situation into account when considering the fine and overall punishment?

- In light of the above, what is the likely punishment in terms of fine, potential ban and number of points?

- Would requesting to attend court be deemed as wanting to take ownership for my actions, or is this more of an annoyance for the court?

This whole situation is extremely embarrassing for me. Even in the higher speed limit area, I am still speeding, so I accept that. The 'national' speed limit does not come into play until further along the road, so I have no excuse. My request for mitigation would be around the payment terms, and size of fine. I am the sole provider for a young family, and unable to make large payments per month. Is this what is meant by mitigation? As for why I committed the crime, I have no excuse, nor would I wish to make one. As mentioned, this is an embarrassing situation for me, and I would like to face the consequences as an example to my family. I made a mistake and will accept the punishment. The reason for looking at writing a letter, is to minimize this, and explain lessons have been learned and will continue to be learned (e.g. the impact of increased insurance costs next year as a result) without the burden of a hefty fine on top, which may have to be paid in one instalment.

I would be extremely grateful for any advice on what to include in my letter, whether it is correct to bring up the topic of finances, whether I should adapt a template letter (and where to find this), or I should just write what feels 'right'. Furthermore, if there is any rough guideline on what the punishment is likely to be, that would be greatly appreciated (0 points currently). I can see from the internet that the range is quite broad for 66 in a 40 zone:

Fine - Up to £1,000 (automatic 33% reduction if pleading guilty)
Points - 4-6
Fine - 7-56 day ban

This is quite hard to infer. In the worst case, I am looking at a fine of £770, 6 points and a 56 day ban. Is it likely to be this strong? I wouldn't wish to speculate, but I would assume the following:

- The fine will at least be double the fixed penalty of £100 (so £200 minimum)
- The points applied could only be 4
- I get the sense from research that the ban is discretionary, so could potentially be waived

Again, perhaps the above is wishful thinking, I am just trying to plan for all scenarios. As mentioned, I would certainly need a payment plan - is this something the court typically accommodates?

Thank you in advance for any help, advice or opinion and apologies if I have not provided enough/provided too much information. This is all very new, and quite worrying, for me.

You have the sentencing guidelines wrong.

The suggested sentence for 66 in a 40mph limit is a ban of up to 56 days or six points, together with a fine of 1.5 weeks net income. This will be reduced by a third for a guilty plea, so one week’s net income. You will also pay  a “victim surcharge” of 40% of the fine and prosecution costs of round £90.

Work out what that means to you and when you respond to the SJPN make an offer to pay weekly or monthly at a rate you can afford.

As above, it is points or a ban, not both. The greater likelihood is six points rather than a ban. Your case is being heard by a  “Single Justice” (SJ). That is a single Magistrate sitting in an office with a legal advisor, dealing with matters “on papers” only. If a ban is to be considered, the SJ will adjourn your case to a hearing in the normal Magistrates’ Court and you will be asked to attend. You will not be banned in your absence without giving you an opportunity to attend court to explain what effect a ban will have.

You’re misunderstanding what a fine is. It is the financial penalty imposed for the offence. It does not include prosecution costs or the surcharge. The maximum fine is £1,000. The fine cannot exceed the maximum. The fine plus costs plus surcharge can.

Thanks all for your responses.

I have been notified of the decision:

6 points

and

£1,000 fine - Minus 33% = £666

+ £90 costs

+ £266 surcharge

= £1,022.

This is more than I was expecting. From the comments, the 6 points were always going to be awarded, but seemed that there was discretion for the fine from £100-£1,000. I have been given the maximum. This may be common, and perhaps they don't tend to deviate from the maximum fine. The reason I thought there may be a discount applied was my financial situation. In any case, that has not happened and I cannot complain as I have been fined what they are permitted to fine me, due to my mistake.

I do have a further question if anyone would be so kind. In my letter of mitigation, I pleaded with the court to permit me to pay in instalments, as a lump sum is simply not possible. It wouldn't be possible at £500, it certainly isn't at £1,022.

Is it standard for the court to request it in a lump sum, and I have to speak with the Fines Officer as standard, or have they taken the decision to ask for it in full, even when considering my financial circumstances (which I disclosed)?

If it is the former, it does make me question what the use in providing my financials was, if they leave it to the Fines Officer anyway? If it is the latter, this is very concerning that they have asked for it in full, despite my financials.

In any case:

- How likely is it that the Fines Officer will allow me to pay in instalments? Citizens Advice were unable to comment on how likely it is. The internet suggests they MIGHT allow me. It is physically impossible for me to pay it in full - surely, by wanting to come to an agreement, they would prefer this than letting it reach bailiffs etc?

For the record, I am not asking for a minimal payment plan. I am suggesting a plan which would take roughly 16-18 months. (Appreciate they might wish to condense this to 12.) I just wanted to know how likely it is that they will work with me, and whether or not I should take anything from being asked to pay in full initially (Is this just procedure, or have they just dismissed my plea?).

Thanks as ever.

If it is the former, it does make me question what the use in providing my financials was, if they leave it to the Fines Officer anyway? If it is the latter, this is very concerning that they have asked for it in full, despite my financials.

You have only been asked to provide details of your income, as that is needed to determine the (income-related) fine.

That doesn't reflect your ability to pay.

Quote from: wdc251023 on March 12, 2025, 10:56:09 am

If it is the former, it does make me question what the use in providing my financials was, if they leave it to the Fines Officer anyway? If it is the latter, this is very concerning that they have asked for it in full, despite my financials.

You have only been asked to provide details of your income, as that is needed to determine the (income-related) fine.

That doesn't reflect your ability to pay.

I was also asked to provide details of all of my outgoings. I assumed these would be considered when determining my fine and it would be based on income AND outgoings. Perhaps not.

Thank you for the advice to all who have replied. As it turns out, the Fines Office were extremely helpful. I am taking the minimum monthly payment allowed before it had to be referred to a Supervisor which would include completing an Income and Expenditure. This was just about affordable. It is slightly less than £20 p/w. All in all, an expensive lesson.

Thank you to everyone for your help on here during what you can appreciate is an extremely stressful time.