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    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
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    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
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new fine for an old offence?


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hi

this week I received a fine at the local magistrate under the new means tested rules of £550.

 

 

I was speeding 39 in a 30 and readily admitted it.

 

 

The offence was committed in January but I didn't received any correspondence until may when I received a reminder

(I presume there was an original notification but I queried and found out it wasn't sent recorded signed for delivery).

 

 

I read about the new speed tarrif for "offences committed after april 24 2017" but my offence was jan 2017.

yet I am still asked to pay £550.

Is this correct?

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You need to go back to the Magistrates to raise a complaint about this. Should be whatever fine system was in place at time of offence.

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Two things about the new sentencing guidelines for speeding:

 

1. It only effected the top range of seriousness. For offences in a 30mph limit this would be those where the recorded speed was over 50mph. Your speeding offence (39mph) was in the lowest band.

 

2. The new guidelines were effective for offences sentenced on or after 24th April regardless of the date of the offence.

 

Having said that, the guideline fine for your speeding offence is half a week's net income and £550 is a very high fine. So, what offence were you convicted of? Was it speeding or was it "Failing to Provide the driver's details"? This seems more likely from your brief description. How many penalty points were imposed? Have a look at your DVLA driving record online and see what endorsement code has been applied.

 

By the way, correspondence regarding speeding offences is not sent by Recorded delivery. It is usually sent by normal first class post.

Edited by Man in the middle
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Thanks appreciate the advice.

 

 

I was convicted for speeding not for failing to provide details.

Further the points added to the licence were 3.

 

 

Regarding your point about only effecting top range..

..according to confused dot com/on-the-road/driving-law/speeding-fine-calculator it is effecting all bands if you play around with the calculator not just top bands.

 

and just for further clarity the fine was £423, costs were £85 and victim surcharge was £42......although there was no victim in this case.

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"...according to confused dot com/on-the-road/driving-law/speeding-fine-calculator it is effecting all bands if you play around with the calculator not just top bands."

 

Then confused dot com is wrong. The only change was an increase to the top band of seriousness from one times weekly income to one and a half times weekly income. The guideline fine for your offence is half a week's net income (reduced by a third if you plead guilty). Does this line up with your income?

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For a speeding offence to be at the magistrates their must of been something else going on that the op has not told. It would normally be felt with by fixed penalty.

Failed to respond to paperwork?

Failed to turn up to court?

Fined in your absence?

There are other factors going on here.

 

And a little point on the victim surcharge, we, as a society are the victims by your speeding.

 

What else has gone on?

Was it a fixed camera

Was it an officer with a laser and were pulled over and you argued the toss with them?

What else has gone on

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I already said I didn't receive the original notification until may so it went to the magistrate, called to ask about the original notification letter and was told is was normal first class post. Whatever was in the original letter, I don't know as I have never received a copy. Mobile unit apparently but I knew nothing about it.

Edited by michaelmartin1
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Post 2 has the correct advice, contact your local magistrate court and raise a complaint if the fine was based on means tested income as that was not in force when the offence was committed.

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Yes can you tell us what exactly happened here? I made the assumption that you did not respond to anything you had received regarding this offence (hence my query whether you had been convicted of "failing to provide driver's details). So:

 

1. Were you stopped by the police at the time of the offence or was it detected by a camera?

2. If it was detected by a camera and you did not reply to any correspondence how do they know who was driving so as to prosecute you for speeding?

3. If you did reply naming yourself as driver were you offered a Speed Awareness Course or a Fixed Penalty(£100 and 3 points)?

 

Please tell us what has happened (including all dates, date of offence, etc).

 

You must have been fined on the basis of a guilty plea (if not the costs would have been higher). Your fine of £423 includes a 33% discount for that plea. This means the base figure was £635 (£634.50 actually, but let's keep it simple). The fine should be half a week's net income. So did you tell them you earned £1270 per week?

 

Let me know exactly what has happened here. If you have been fined incorrectly you have a number of options, but which option to take depends on why you have been fined incorrectly.

 

By the Way, the official term for the "Victim Surcharge" (as per the legislation) is simply "Surcharge". Much of the money raised goes to various organisations who support victims and that's how it attracted its popular name.

 

And homer is incorrect. As I said earlier, the new guidelines came into force for offences sentenced on or after 24th April, not for those committed on or after that date. (And in any case your offence and subsequent penalty was not influenced by that change).

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