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    • Thanks @lolerz. I've attached it to the post. What do you think? What's the organ grinder? NTK.pdf
    • I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.   Additionally, undervaluing an item which is an internationally has the effect also of evading customs and any VAT system which is in force in that country – and that makes the whole thing a little bit more serious
    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?
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91 On A Motorway. Any advice?


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Hi all,

 

Brand new here so hi to everyone, I hope you are doing better than me right now.

 

I am completely at fault doing 91 in a 70, I'm embarrassed and sincerely sorry but I doubt this will change anything.

 

I have read that the fine is determined largely by my salary. I am currently on 85k and this is my first driving offence in over a decade, I've been driving for 15 years and am now 32. No criminal convictions.

 

From a few other websites it appears I can be fined in the region of £2,000. For someone trying to save for a deposit on a house this is quite depressing.

 

Should I expect the worst?

 

Many thanks.

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Expect the worst and then at least you won't be disappointed. Put your hands up as quickly as you can and be extremely contrite. Point out your clean record over such a long period of time. Plead guilty by post, don't waste the court's time with an appearance or legal representation – it simply not worth it.

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I disagree with “plead guilty by post” as a sweeping statement.

 

If being dealt with under Single Justice Procedure : absolutely agree.

You can say “if the court decides to deal with this case by means of a full hearing I would then wish to attend to apologise in person.

I am pleading guilty by post so that if the court feels able to deal with this under the SJP to preserve the court’s hearing time I hope this reply demonstrates my acceptance of the court’s wishes and adequately expresses my remorse at having offended”

 

If they wish to have a hearing: attend in person. It reinforces the contrition felt. The issue then becomes if you want to appear and represent yourself, or seek a solicitor local to that court to represent you.

I’ve heard arguments for and against both.

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OK. Here's the worst case scenario.

 

91 on a motorway is...

 

Endorsement of your licence with 6 points OR a driving ban for between 7 - 56 days. Plus

A "Band C" fine. Which is calculated at 150% of your weekly net income.

 

So, a gross of £85,000 per year, works out at a Net annual income of around £57,000 or £1,100 per week. 150% of that equates to a fine of £1,650. However, the Magistrates have leeway of 25% either way on the fine, so the fine could range from £1,375 to £1,975.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Forget all about the matter going to court.

 

Speeds of up to and including 95mph (in a 70mph limit) are dealt with by way of a Fixed Penalty (£100 and 3 points).

 

For information, if it did go to court, it would attract a "Band B" fine (one week's net income). Based on your salary (which I have assumed is net) this would be roughly £1,700. You would be entitled to a one third discount for a guilty plea, so knocking it back to around £1,135. The maximum fine for speeding on a motorway is £2,500. Anyone subject to a fine of this amount would also be entitled to a one third discount if they plead guilty, meaning the most that can be imposed in any circumstances is £1,667. The above information mentioning a "Band C" fine is incorrect. Band C does not kick in until 101mph as can be seen from the guidelines:

 

https://www.sentencingcouncil.org.uk/offences/item/speeding-revised-2017/

 

 

But as I said, court penalties need no worry you anyway. Make sure you return the request for driver's details, naming yourself as the driver, within the 28 days allowed. (Failure to do so makes you guilty of a more serious offence which attracts six points, a hefty fine and insurance grief for a number of years). You should receive your Fixed Penalty offer shortly afterwards.

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My apologies, the banding changed in 2017. It used to go to summons at 86.

 

If you get offered an eFPN, bite their arm off for it. £100 and 3 points is a lot better than you'll get in court.

 

 

As for Magistrates court and banding, Man in the middle is correct (except that it's 100mph not 95).

 

Band B in your case (net) would be an £1,100 fine as a starting point. 4-6 penalty points OR a 7-28 day ban.

 

Again, the Magistrates (if you appear in court) have a 25% either way leeway, so the fine can range from £825 to £1,375.

 

 

I don't agree with Man in the Middle with fines if it does go to court. £85k Gross is £57k net or £1,100 per week and not £1,700. It's net income that's counted, not Gross.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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My apologies, the banding changed in 2017. It used to go to summons at 86.

 

The banding changes in 2017 did not effect fines for speeds of less than 101mph. All that happened was that the top band (101 plus) used to be Band B but it was changed to Band C. Summons at 96mph has been the form since at least 2000, which was the earliest edition of the ACPO guidelines I can find. The current guidance is quite clear and is rarely departed from:

 

Action begins at (Limit +10% +2mph). So, 79 in a 70 limit.

 

Speed Awareness Course (not in Scotland) offered up to (Limit + 10% + 9mph). So between 79 and 86 in a 70 limit.

 

Fixed Penalty Offered up to (Limit + 20mph) in 20 or 30 limits or (Limit +25mph) in all other limits. So between 87 and 95 in a 70 limit.

 

Summons (or Postal Requisition or Single Justice Procedure Notice) for all higher speeds. So 96 and above in a 70 limit.

 

As for Magistrates court and banding, Man in the middle is correct (except that it's 100mph not 95).

 

See above.

 

 

Again, the Magistrates (if you appear in court) have a 25% either way leeway,

 

I don’t know what makes you say that. Whilst Magistrates always have discretion to sentence outside the guidelines if they believe it is just, fines for speeding are quite prescriptive and unless there are compelling reasons to vary the fine, it will normally be set at Band B or Band C as appropriate.

 

I don't agree with Man in the Middle with fines if it does go to court. £85k Gross is £57k net or £1,100 per week and not £1,700. It's net income that's counted, not Gross.

 

I did say I assumed the £85k quoted was net. All fines are calculated on net weekly income.

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