Paid Use of Mobile fine but received Single Justice Procedure Notice

[Man in the middle]

You will pay a fine of  half a week's net income, reduced by 33% for your guilty plea. You will also pay a surcharge of 10% of the fine (minimum £32) and £85 costs. However, you could try asking the Single Justice (or the Bench if you choose to appear in person before a normal court) whether they could see their way clear to imposing a penalty at the fixed penalty equivalent. They have guidance which says this:

 

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of  the penalty notice in these circumstances."

 

Of course the "administrative difficulties" were far from outside your control. In fact you caused them. However, it's worth a shot. They can only refuse or they may "split the difference" by ordering a £200 fine and £85 costs. It's up to them.

 

 

Edited January 11, 2020 by Man in the middle

[Man in the middle]

1 hour ago, Wrighty123 said:

is the fine definitely half a weeks income?

 

Yes, that's the "guideline" fine. Have a look towards the bottom of this document:

 

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/offences-appropriate-for-imposition-of-fine-or-discharge/3-offences-appropriate-for-imposition-of-fine-or-discharge/#Use_of_mobile_telephone

 

You will see the offence listed in the left hand column. You will see the maximum fine as "L3". That's level three and is £1,000.

Don't worry about that - it's simply the maximum fine the law allows in any circumstances.

 

In the next column you will see "6". That's the number of points that must be imposed (you will note it went up from 3 to 6 in March 2017).

 

Finally in the Right hand column you will see "A". That is the recommended "starting point" (which is almost always the actual fine in straightforward cases like yours). It means "Band A" which is half a week's net income. (Band B is one week and Band C is 1.5 weeks, there are also higher bands which are used infrequently).

 

You can see these bands explained if you click on the arrow to the right of "Band Ranges" at the bottom of the page.

 

Rather than ask for "leniency" you should explain the circumstances (forgot to send licence in, etc.) and specifically ask if you might be sentenced at the Fixed Penalty level as per the guidance they have.

 

Grovel a bit and explain that you realise you were at fault, the difficulties were of your own making, sorry to waste court time, etc. etc. but you would be grateful if they would overlook your silly error.

 

Best of Luck !!!

[Man in the middle]

Personally I would not get too involved with the circumstances of this particular offence.

You've pleaded guilty and that's that.

 

The only decision you're really interested in the court making is whether to sentence you in accordance with the guidelines or at the (much lower) fixed penalty rate. The circumstances of the offence will not help them with that decision and if they decide to sentence you in accordance with the guidelines what you have said will not alter that calculation.

 

I particularly would not draw the court's attention to discrepancies in whatever the officer said or didn't say.

It won't help and the court may think you are trying to argue the toss.

I might go with something along these lines:

 

Since the offence I have turned on the ‘do not disturb while driving’ feature on my iPhone so my I do not receive notifications whilst I am driving. I am determined not to see a recurrence of this offence.

 

Furthermore, I am sorry for wasting the courts time. I originally accepted the Fixed Penalty that was offered and paid the £200 as requested. However, I did not read the fixed penalty notice properly and failed to send my driving license to the conditional offer unit. I accept full responsibility for this.

 

 

With all this in mind I would be extremely grateful if you could impose a fine equivalent to the original fixed penalty.

 

Of course it's up to you but my recommendation is short and sweet. The Magistrates are more likely to digest it all (they have limited attention span, you know ) and are more likely to concentrate on the main issue you're concerned with.

 

[Man in the middle]

Glad to help. Do let us know how you get on.