I had to attend magistrates last year (May 17) for doing 42 in a 30mph zone in August 2016.

I had not received any previous corespondence (as far as I was aware) so was unaware of the incident until I received the 'notice of endorsement of driving record' - a £800+ fine and 6 points.

I put in a statutory declaration explaining I had received no prior corespondence and I was given a new hearing

(speaking to a solicitor friend a year after he said I should have requested a complete 'reset' and requested the initial fixed penalty notice as I hadn't been aware of the incident at all).

In court I explained that on that particular day I was driving to work to a new place and was unfamiliar with the road,

I had previously driven on it years ago and the speed limit back then was 40mph,

it's one of these roads where the speed limit changes from 50 to 30 back to 50 again as you pass by residential areas.

I explained I wasn't speeding on purpose, and that I was always used to it being 40 on that section of the road.

Plus it was early morning and I was going through a rough period at the time.

Regardless I was still fined £400 and given 6 points.

Speaking to a friend recently, he said I was treated extremely harshly as 42 is just bordering on Band B (under the new rules), and even then the judges had leeway as you could argue that the speed cameras have a margin of error +/-2mph, so I could well have been within Band A.

Also Band B denotes 4-6 points, and a minimum fine of £100, given the circumstances he said I should have been shown some leeway and been handed the minimum fine.

I Just want some advice regarding this and whether I can appeal given the timescale.

I've move you to the speeding forum rather than the private parking forum..

cant see how you cant avoid this as you were doing 42 in a 30...

unless it is your 1st offence?

Thank you. Had speeding fines years ago. But had a clean licence for a few years now.

I've move you to the speeding forum rather than the private parking forum..

 

cant see how you cant avoid this as you were doing 42 in a 30...

unless it is your 1st offence?

I started driving before there was a 70 mph NSL and the breathalyser etc, which I cannot now avoid.

I have to use my Mk 1 eyeball for changes in speed limit on roads which I may have travelled recently.

Since you received no prior paperwork, it is possible you Rx 6 points for FTF, an Offence that is complete 28 days from date of s172 request. Unless you were 'pulled' at time of 'exceeding the speed limit, there is no way they can identify the driver resp without s172, hence the FTF Penalty.

in essence you have answered you own query, you didnt go back to the beginning and pleaded guilty to exceeding the speed limit ( and damed well nearly got yourself another interview for driving without due care and attention to boot) so what is done is now then end of the matter.

First of all, can you confirm that you were convicted of speeding and not “Failing to Provide Driver’s Details” (FtP). The easiest way to find out is to look at the endorsement code on your driving record (which you can do online). Speeding will see a code SP30 whilst failing to provide will show MS90.

I ask because six points is indeed harsh for 42 in 30 limit. As you say, it is only just into the middle band of seriousness where the guidelines suggest 4 to 6 points and a Band B fine. However, the only available penalty for FtP is six points and a Band C fine. You are, however, incorrect when you say

...Band B denotes 4-6 points, and a minimum fine of £100

A Band B fine is income based and relates to one week’s net income. This would be reduced by a third for a guilty plea. Where no income details are available the court uses a figure of £440 per week. However, Magistrates do have the discretion to sentence at the Fixed Penalty level (£100 and 3 points) where they believe there are circumstances unconnected with the offence itself which prevented a FP being accepted (but this is nothing to do with a “Band B” fine).

Your Statutory Declaration nullified your earlier conviction (as if it had never happened) and it is up to the police (who prosecute motoring offences in most areas) what they do next. They may have re-charged you with speeding or they may have gone for a FtP charge. Is there any particular reason why you received no paperwork originally? Was your address correct on the V5C Registration Document? Had you recently acquired the vehicle?

If you were convicted of FtP then an appeal is largely pointless. There is no Fixed Penalty available for the offence and it can only be dealt with in court. A penalty of £400 (which I assume includes the “surcharge” and costs) is by no means harsh and six points is the only available option. However, if you were convicted of speeding you might consider an appeal against your sentence. Six points is harsh and apart from that you may be able to persuade the court to sentence you at the Fixed Penalty equivalent (depending on the circumstances which led to you not receiving any paperwork for the original offence). Your only realistic avenue to attempt to reduce your penalty is via an appeal against sentence to the Crown Court. In pleading guilty at the Magistrates’ Court you accept the allegation (including the speed alleged so no point in arguing about that). However, there are two obstacles: Firstly, the cost of failure there is high (about £1,200); secondly the appeal has to be lodged within 21 days of your conviction. So firstly find out what you have been convicted of and we can go from there.

Finally:

…and damed well nearly got yourself another interview for driving without due care and attention to boot

Perhaps ericsbrother would like to explain why that should be as you have given no indication that an allegation of that nature was ever made against you.