Minimise penalty points / fine
Avoid a Court attendance
Reduce the risk of a ban
Plea bargain on multiple offences
If you intend to plead guilty, the easiest way to do so is by post/online. Not only should it avoid a personal attendance, it is also the cheapest and most efficient option. However, don't just tick the guilty box on the form and leave it at that! Make sure you use the opportunity to present compelling mitigation to reduce the potential penalty. A correctly drafted response which covers all the relevant facts will persuade the Magistrates to treat you more leniently.
Plea of Mitigation by Post/Online
Motor Lawyers will write a professional, personalised plea on your behalf to minimise the number of penalty points imposed as well as reducing your fine. Motor Lawyers will allocate a 1 hour telephone appointment to discuss the case with you fully, review the circumstances and clarify all relevant issues so your mitigation can be properly prepared. Once we have gone through all aspects of the case with you, we will supply a personalised, unique submission for you to lodge at Court. Our experience allows us to identify beneficial issues that you may not have considered and to ensure that the mitigation presented has the most compelling effect on the Magistrates. We will also guide you through completing the financial statement to minimise the fine and resolve the case as cheaply as possible. The cost of this service should pay for itself by securing the best outcome as well as removing the hassle / stress of trying to deal with the Court process on your own.
- Review evidence / check for errors
- 1 hour telephone discussion with an experienced Motor Lawyer
- Draft bespoke mitigation
- Clarification of penalty options and implications
- Guidance on completing the Statement of Means
- Guidance on the Court process and miscellaneous issues
- Plea of Mitigation supplied within 48 hours of discussion
Frequently Asked Questions
What is your fee?
The Guilty by Post/Online service costs £250, including VAT.
Can I plead guilty by post/online?
Most Magistrate Court cases are concluded via the Single Justice Procedure process, which allows mitigation to be presented by post / online. If you admit the offence, pleading mitigating circumstances by post / online is the most sensible approach. It is the Court's preferred option and avoids the hassle / additional cost of attending Court in person.
Will the Court think it disrespectful if I do not attend in person?
Unless the paperwork specifically states that you must attend a hearing in person, the Court would prefer to deal with your case in your absence. Should the Court conclude that a personal attendance is appropriate, you will subsequently be allocated a hearing date or receive a Notice of Proposed Driving Disqualification, but the majority of cases will be concluded by way of a written plea.
What is a Plea of Mitigation?
A Plea of Mitigation is information or other evidence, such as personal circumstances, submitted by the Defendant as part of the sentencing process to mitigate the severity of the offence. Prepared correctly, it can result in a significantly reduced penalty. However, prepared badly, it can have a detrimental effect.
Is a Plea of Mitigation by post/online right for me?
- For the majority of cases, a Plea of Mitigation by post/online is the most effective approach. Although the Court have supplied a form for you to complete, you can in fact expand on this by presenting mitigation by letter or online. In our experience, the best approach is a more detailed, personalised written submission, rather than editing your response so it fits the limitations imposed by the Court form.
- If there is a significant risk of disqualification, either due to the severity of the offence, or because you face a totting up ban, or the Court has already demanded a personal attendance, your best interests would be served by going to Court in person, rather than presenting written mitigation in any format.
Why have I not been offered the option to plead guilty by post/online?
In some cases, the Court will not give the Defendant the option to plead guilty by post/online. For example:
- The offence is too serious to be resolved in the Defendant's absence; or
- The minimum penalty is a mandatory disqualification, or
- The penalty points to be imposed for the current offence, would take you to a minimum of 12 penalty points and will trigger a totting up ban.
Does the option to plead guilty online/by post mean I do not face a ban?
The mere fact that the Court offers the opportunity to plead by letter/online, does not automatically mean that that process will conclude your case.
Whilst the advice documentation will infer that you do not need to attend Court / there is no risk of disqualification, it also states that if the Magistrates feel that an attendance is required, you will be subsequently notified.
If you do face disqualification by way of an instant ban, for example because the speed alleged is substantially in excess of the limit, the Court is unlikely to deal with the matter in your absence.
Equally, if you face a totting up disqualification, the Court will subsequently offer a personal attendance.
If it is clear to us when reviewing your case that written mitigation will not be accepted, we will advise you appropriately.
What happens after the Court have reviewed my case?
The Court have 3 options:
- Accept your mitigation and impose penalty points and a fine; or
- Reject your mitigation and issue a hearing date for a personal attendance; or
- Reject your mitigation and issue a Notice of Proposed Driving Disqualification.
Is this service right for my case?
Contact us for a free, no obligation, penalty assessment.
When should I instruct Motor Lawyers?
You should instruct Motor Lawyers is as soon as you receive the Court process, whether it be a Single Justice Procedure Notice, Summons or Postal Requisition. We can then prepare a Plea of Mitigation for you immediately. Bear in mind, that whichever process you receive will be subject to a time limit, so do not delay. However, there is no benefit to instructing us until you actually have Court paperwork, as we will need to see the Court documents to assist you.
How quickly can your assist?
Subject to availability, we can normally allocate an appointment within 24 hours and provide your Plea of Mitigation within 24-48 hours thereafter. In certain urgent cases, we may be able to assist immediately, but the earlier instructions are received, the easier it is to provide a convenient appointment and accommodate any other issues etc.
How much time should I set aside for my telephone appointment?
We suggest that you allow an hour so that every issue that you wish to raise or are concerned about, is dealt with.
How will I receive my mitigation?
A letter will be supplied to you as a Word/Adobe document for you to sign and send to the Court, either by letter or email, within 48 hours of our discussion.
Can I amend the mitigation once I have received it?
Yes. If you feel that any amendments are required, please notify us. We can then clarify the issues with you and revise the letter, if appropriate.
I have been asked to attend Court. Can you provide me a letter to read out in Court?
No. If a personal attendance has been demanded, the Court has already concluded that the case is too serious to be resolved by way of written mitigation, that could have been considered in your absence. By allocating a personal hearing, the Court has allowed more time to consider your case and will expect more detailed mitigation than that which would have been required for a written plea. If you need the case prepared for you, we recommend our Self Representation or Barrister Representation service.