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In-the-process-of-being-summoned-to-court-over-section-40a-of-the-road-traffic-act-1988-uk-for-overloaded-90


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The 3 points come off automatically after 3 years from the offence date but they remain on your driving history record between 4-11 years depending on severity.

They remain active for “totting up” purposes for three years, they are removed from your driving record after four years and you must declare them to most insurers for five years. Only offences involving driving under the influence of drink or drugs remain on your record for eleven years.

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There was a £90 victim surcharge?  there was no victim involved?

It is officially simply a “surcharge”. It is popularly known as a “Victim Surcharge” because it was introduced to fund organisations which provide help for victims (such as Victim Support, the Witness Service, domestic violence charities, etc.). It is imposed on all defendants subject to a fine regardless of the offence and it is set at 40% of the fine (and of the highest fine only if the defendant has more than one fine imposed at a single hearing). The Magistrates must impose it and have no discretion over the amount. As an aside, your figures do not add up and I suspect the £90 you mention was prosecution costs, but no matter.  

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Dealing with a social worker to decide their opinion what to write on the judges report.

What? For a minor, non-imprisonable traffic offence which can only be dealt with by way of a fine? There must be something we don’t know about.

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I'm going to claim hardship on the fine I will be dealing with an algorithm.

Good luck to you with that (and to the court that has to deal with your claim). 😆

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  • 3 weeks later...

Another reason to go the not guilty route if your case doesn;t involve drink or drugs but the insurance premiums increase in declaring points. 

Victim surchage is that not what my tax pays for theives they are. 

All offences are interviewed by a social worker who is the judge making the day only judges daily report on how to sentence you. They dont know anything about you and will not ask or see your history. Its based on a biased report against you if your a young male or ethnic origin. 

Experienced van drivers know more than judges and what is the likely outcome. 

The way i see it I was not guilty but played it and won by keeping between £5 - 6k in my pocket than theiveing authroties. 

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So you saved money by paying a fine rather than not paying a fine?  Don't get it.

When I did maths at school £0 was a lower sum than £245.

Where does this figure of five to six grand come from?

 

We could do with some help from you.

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saved between £5245 and £6245 going to the court and solictors win or lose. They charge for travel time per minute. 

Yes £0 is lower than £245.

£2100 inc vat for investigation fee

£2100 inc vat for not guilty fee

£2000 sentence/fine fee. this is waved if court case won. You are forced as a taxpayer to pay the victim surcharge fee without your consent or they will freeze your bank accounts. 

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4 minutes ago, Braveheart2009 said:

saved between £5245 and £6245 going to the court and solictors win or lose.

These costs don't exist.

On 24/08/2023 at 03:12, FTMDave said:

There is no obligation whatsoever for anyone in court in England & Wales - even in a murder case - to pay for legal representation.

You could have done it all yourself.  You reckoned you had all the legal arguments.

 

We could do with some help from you.

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