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Andy711351

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About Andy711351

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  1. i was doing 76 on the motorway. The limit had been reduced from 70 to 50 therefore was over by 26 pleaded guilty and asked for court hearing got fined and 6PP going to the court to defend myself did not help whatsoever, so now I have accepted the fine and moved on I did post my case here and had lots of useful advice esp from Man in The Middle and Bazza
  2. Thanks again In that case i will consider the matter closed and done and dusted and just be careful in the future many thanks for your input
  3. Dear Man in The Middle Actually I should be thanking you I have been impressed by your kindness your professionalism and your prompt reply I very much thankyou for your thorough reading through my case and pin pointing every point I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better Cant thank you enough for being so helpful and may you be blessed
  4. Hi All Thanks so far for all your replies I had my day in court I representeed myself Few things first: 1. I was totally surprised that it seemed they hadn't even read through my paperwork. I originally had sent my reply to the SJPN on the 3rd of July pleading Guilty and wanting to have a hearing. Therefore my case was allocated for today. The court seemd a bit clueless as they asked me for a copy of my statement of means to which I provided my personal copy that I had taken to them by hand 4 months ago along with a extra page explaining my mitigating circumstances. I sincerely doubt if they had read through any of it. 2. I entered the CR The gentleman on the PC in front of the three judges asked for for my name dob etc ( not sure who he is, the secretary of the CR or other role, sorry for my ignorance)at he is. The prosecution read their brief statement. The gentleman said he acknowledged i had pleaded guity and I was self representing and said ok its your chance to have your say. He said do you plead Guilty and I said yes. before I even carried on he said something along the lines of this is standard for a fine and 6 points or disqualification , the former which is usually handed out, unless you prefer the other one. I said if I have a choice then a short term DQ 3. The judge then said something and then I was asked to stand up and plea. I stood up, apologised for committing the offence, said Im sorry , remorseful, and disappointed for myself. Explained my clean DL and that this was out of character and lapse of concentration. Was then asked to be seated. Judges had their discussion with each other. the main judge said the usual is 6 pp and fine but we wondering why you prefer a ban as opposed to 6PP. I really had no convincing reason but explained that i respect whatever decision they come up with He explained that most people would rather go for 6PP than a ban and we are wondering whether there are other issues that make you prefer a ban as this is unusual and it seemed they had the perception that a ban would have graver consequences on my insurance etc. I clearly said that there was no underlying issues or reasons for me wanting a ban . (I DID NOT say anything about fear of future totting or anything like that just to be clear to anyone here that make think I had said anything unwise) . Main Judge then had a further discussion and then sentenced me, based on the COPY of the statement of means that was my copy which they didn't seem to have, and hence used my photocopied one off the one I sent them I was fined apprx 800 + 10% surcharge and something to do with donation totalling maybe approx. £1000 + 6PP. he said that I got a discount of £400 which had reduced the fine to £800 ( na third as it has been mentioned here before) I said thankyou your Honour then left …………………….. I left but inside me left a bit perplexed and maybe this is now just academic and out of my curiosity because I will just take it on the chin and pay the fine, but a. on my statement of means my monthly income was 6200 ( this is variable but I had to estimate it). My total expenses was 3760 per month of which 725 is rent, 1500 is child and ex spouse maintenance plus other travel and regular bills, all totalling to 3760. If I were to do the maths myself, then 6200-3760= 2440 pcm net . divide this by 4~ 610pw. Knock a third off for guilty appeal and remorse ~ 403 I don't understand on what bases have they come up with the original ~1200 ( discounted to 800) pw if they purely trust my figures of net income and net expenditure which i had entered on the forms? I am not going to contend that but I genuinely believe that they go through so many cases and they did not seem focussed and the fact that I had to provide them with a COPY of my means income ( which they should have had in their documents ). Otherwise, based on the form, then its a clear simple calculation of net income minus net expenditure, and then the fine should be on the difference, unless Im wrong The cheapest solicitors had quoted me £900 for a guilty plea saying they will try and get me a short term DQ...etc. Im glad I self represented because Im not sure whether the solicitors would have been able to reduce the fine, meaning I would have now had to pay out £1000 ( court) + £900 (solicitors). maybe, just maybe they could have benefited me by getting a short DQ, although Im not sure what argument sols would have used. Last thought: given that my presence in the court does not appear to have made any difference in either getting a short term DQ, or a reduction in fine ( apart from the third discount , as they don't seem to have properly addressed my net income and expenditure) I wonder how much worse off I would have been had I taken the chance to enter no guilty plea without any solicitor representation. I may have not got the 1/3 rd discount from 1200 to the 800, which means 1200 +10% surcharge plus donation + 6PP. Surely a no guilty plea would have therefore cost me an extra 400. Would I have lost out in any other way, apart from the monetary loss, because I just feel hat going to court etc.. had not made any difference and was just a waste of time This is a post mortem analysis but replies from experts in the field may be useful for other drivers who may end up in my position and through a single lapse of concentration on a background of good driving history, get a speeding ticket which warrants a single justice procedure. Given the indifference to the mitigating factors and the 1/3 difference in the possible fine, is it worth taking the risk and defending as non guilty, or are there other consequences from a no guilty plea that I have not been aware of Still a bit angry why I didn't speak up income 6200 pcm expenses 3760 ( maintenance, accommodation, bills- didn't even mention school fees) they seem to have just taken off 1000 therefore 6200-1000= 5200 pcm 5200/30= 173.33 per day = 1213 per week ( 173.3 x7) 1/3 discount = 808 I certainly do not have a net balance of 5200 to spend at the end of the month. they have overseen my honest legitimate expenses and I feel so harshly done by to be honest In fact, I have been out of permanent work since june 2018, and my quoted figure of 6200 has been from self employment and temporary paid work, and if anything I have overestimated because I did not want to come across as under reporting feel that the fine has ben harsh, I can understand the 6PP which I accept but the fine is truly harsh as I don't have that amount of net money at the end of the month Thanks
  5. Yes sorry thats what I meant I am very v careful and watch every road sign and even auto cruise to the speed limit
  6. Hi All I handed in my plea guilty to the court in person on the 5th of July 2019 The clerk receiving my papers said that the hearing date is 1st of August. I explained that I had ticked the box asking to be there in person He said in that case, its likely that on the 1st of August, the hearing will be adjourned I asked what kind of time frame. he replied its usually with two-three weeks so looking at the full hearing end of August I called today to find out the date. Its been adjourned to 20/11/2019 Im very frustrated and angry Had I known that the delay would be so long, I would have agreed to the hearing proceeding yesterday without my presence with a sentence being passed on. Because the clerk said it will only be a matter of 2-3 weeks after that I stick to my decision to attend the hearing Really frustrated because offence date was 31/1/2019 and have to wait now till 20/11/2019. Whatever sentence, likely 6 months ban, then I really would have much rather preferred it to begin in august rather than start in November These unnecessary delays are just stressing me out Just to point another thing out I drive alot on the motorway almost daily I have noticed that many a times they have reduced the limit to 40 mph during the daytime, yet there is normal flow of traffic. I can presume it was from the previous night where there was some work being done. The fact that the signs are still there makes me abide by the 40mph and stay in the slow lane, but the number of lorries beeping me almost amounts to harrassment. I feel its ok for the enforcement officers to fine us/take us to court, but yet, when the roadworks are done with at night, these temporary signs should be removed promptly because Im the only one going at 40mph at daytime ( because they are still in place), and theres no raodworks happening during the daytime.That does make it very confusing and dangerous for a driver like me who is now strictly watching every sign and abiding by it
  7. Man in the Middle, thankyou for the reply I have now received the SJP notice. I do intend to plead guity and go to court. I have spoken to my line manager, who is a clinical medical professor and the medical director where I work They are both wholly supportive of my case, in the sense that I had stayed behind on the day of the speeding offence, above and beyond my duty of care, in norder to prepare for a meeting the next morning. Normally I would have finished at 5 pm, but just before I left I was asked to fill in for a colleague for the following morning. That meant me staying back to prepare for a meeting . i didn't leave till 9 pm and had to drive 60 miles to home, having been up since 7 am. The team is supportive of me. i will enter my mitigation and both are happy to supply letters of support. Im not sure if these will help in mitigation or not, but do you think the magistrates may take a different view to this? Could they say, this bloke thinks because he is a doctor and has got all this backing thinks he can get away with it? Thats not my intention, rather I want a reduced sentence. I prefer a ban because I do not have a permanent post. i work in this hospital as a locum doctor and go there only once a week and whenever they need me. Rest of the time, Im self employed, but not in the private sector. I do not do private work in private hospitals. The self employment income is also variable. I prefer the ban because i could do even with a 30 day ban. i will use the train etc.. 6 points on the license sounds just more worrying for me because I do drive a fair bit to various hospitals as and when needed, so , not because I am reckless, but sometimes the drive is long , as far as 100 mils each way, and with long hours , despite me having rest at the service stations, occasionally , as in this time, I may not take notice of the speed limits especially at night, and may accidentally go over the limit. I have been really paranoid since this conviction to the extent that I dont drive more than 60mph on the motorways anymore and I will be very apologetic in my mitigation. I will represent myself, though had a quote of £800 from a law firm, who said they will plead guilty but try and work on the mitigation. By paying them, am i gonna save much? are they really going to reduce the fine so much that the £800 they receive will offset any fines I may have to pay? BTW, what is the maximum fine ? also, some of my income is pre tax as I am a sole trader so receive the money into my bank account pre tax. I havent had my account done yet because its my first year as a self employed doctor, but what figure do i put on the magistrates form for the income. Any advice is most appreciated as Im am doing the form and have to post it in the next two weeks. Thanks
  8. Hello its been almost 4 months since my speeding i sent the nip in time and got an acknowledgement of receipt so far i havent heard anything else yet im aware of the 6 months rule for court summons from the daye of the offence Is it 6 months to hear back from the court or have they got 6 months to file it with the court which means i may hear feom the court much longer than 6 months from the daye of the offence ? essentially what is the clear 6 months deadline for please thanks
  9. I am not sure if anyone is familiar with the M5 southbound , between junction 5 and 6. Before anyone judges I admit yes I was speeding and will plead guilty I would however appreciate some useful feedback Yesterday in daylight I decided to check where I was caught speeding Just before approaching junction 6 on the M5 southbound maybe 2-3 miles prior to the junction there is a a speed limit sign of 50. There are 2 of these along the stretch. the reason is that there are works on the slip roads, not the motorway itself, so the three lanes are all working. Its not that the motorway has been narrowed to a single lane only. Now I am not 100% which camera flashed me. Just as the exit number 6 comes off the M5, there is the sign indctaing the end of the speed limit. Then a few yards after that, there is the T shaped post with the camera on it. Few yards after the camera theres another sign indicating the end of the speed limit zone I know a camera flashed me because it was at 9 pm. What I am not sure is if it was one before junction 6 or the one after it. If it was the one just after the first end of speed limit sing, then technically speaking was i now still in a 50 or 70mph zone In addition, the stretch of the M5 where this speed limit was imposed was I think only 2 miles. The 2 speed limit signs are on the left hand side where the hard shoulder is. I was in the middle lane, and either I was too tired and didnt see them which would be my fault or its also possible that because I was in the middle lane, the lorries on the slow lane on the left had obscured my view. If the camera caught me was one before the junction 6, then I have no qualms, but f it was the one just after the J6, then right at the separation of J6, the end speed limit sign can be seen. I have sent my NIP back. Will anything be held agaisnt me if I ask the camera office for the photos just to see whch camera caught me. If it will affect my case, then i wont ask for that and just plea guilty Can I use this in mitigation? again I am not saying I wasnt speeding. I was caught at 76 and i respect that but wanted to run these two point by the very helpful CAGGERS
  10. Thanks Kirstyo for the feedback Very reassuring to know Ive sent the NIP form back signed and awaiting the single justice procedure
  11. Dear Bazza Thanks for your helpful advice . I have just sent back the notice of intended prosecution yesterday, so I will be awaiting the highly likely court summons. The whole thing is very fresh and recent and I have jut started the research. I haven't received any summons or anything further tht the notice as of yet I did call the loophole experts and they did actually advise me to ask GMC anonymously. They warned against identifying myself when asking the GMC at this stage even for advice, though I haven't had any summons. I called the GMC for advice. They refused to give any advice without me identifying. BMA- I was a member with them for 20 years. At some point last year I asked them to help me with an industrial tribunal at work. I was very disappointed with their help and the service so I discontinued my membership MDU- I am a member but they deal with clinical governance issues and patient care and clinical incidences/negligence's but I will ask
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