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#Post#: 112108--------------------------------------------------
SJPN received - 35 in a 30 zone
By: vega_1976 Date: March 4, 2026, 4:03 pm
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I would be grateful for some guidance on my predicament.
I have received a SJPN for a speeding offence of doing 35 mph in
a 30 zone - I accept that I did this. I have also been charged
with the s.172(3) offence of failure to provide information.
When I received the original NIP I tried to provide my details
using the online portal and it appeared as though my answer had
been submitted and I anticipated receiving a further
communication in due course.
In fact I received a further NIP and so again tried to provide
the information via the online portal. This time it said my
response had 'already been submitted'. I therefore assumed that
all was well and that I would be contacted in due course.
Unfortunately I did not take screenshots of either of these
processes, which obviously I am now regretting!
I understand that the best approach is to plead 'not guilty' to
both offences and then to say that I am prepared to plead guilty
to the speeding offence if the failure to provide information
charge is dropped.
In completing my plea online there is a box for each offence as
to the reasons for pleading not guilty, and so this is how I
plan to answer:
Offence 1 (speeding)
"I am willing to plead guilty to this offence on the condition
that the "failure to provide driver's details" (offence 2)
charge is dropped."
Offence 2 (failure to provide information)
"I am willing to plead guilty to the speeding offence (offence
1) on the condition that this charge is dropped.
When I received the Notice of Intended Prosecution I attempted
to provide the driver details using the online portal via the
link provided in the Notice. This appeared to have been
processed when I submitted the form, although unfortunately I
did not take a screenshot. I subsequently received a further
Notice of Intended Prosecution, and I again attempted to submit
the driver details via the online portal. On this occasion a
'pop-up' message was displayed saying my response had 'already
been submitted'. I therefore reasonably believed that the
information I had previously provided had been captured.
In these circumstances, if the court is minded to drop this
charge and accept my guilty plea for the speeding offence, I
would respectfully invite the court to consider sentencing me
for the speeding offence at a level equivalent to the fixed
penalty."
Please could you let me know whether in your view I have done
this in the optimum way to achieve my aim of getting 3 points on
my licence and the fixed penalty? Or would it be better to
leave the 'mitigating circumstances' bit for the next stage?
Thank you for your time.
#Post#: 112113--------------------------------------------------
Re: SJPN received - 35 in a 30 zone
By: andy_foster Date: March 4, 2026, 4:28 pm
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If the SJ drops the s. 172 and accepts this as a guilty plea to
the speeding, there is no "next stage". N.B. Technically it is
not within the gift of the court to drop either of the charges,
but it is often done, whether with or without the consent of the
prosecution.
For 35 in a 30, absent some pretty spectacular aggravating
circumstances the endorsement would be 3 points anyway, but
worth trying to minimise the fine (and 40% surcharge on that
fine).
You appear to be advancing what might constitute a defence to
the s. 172 charge as mitigation for the speeding charge. You are
relying on the court firing up both brain cells at the same time
and making the connection to the fixed penalty not being offered
(and therefore not being able to be accepted) due to this issue
(whether it is the CTO's IT issue or a pebcak issue).
The obvious question in my mind is whether the CTO allowed an
online admission to being the driver, as opposed to only
allowing an online response if nominating another person as the
driver - some allow either, some only allow nomination and some
don't accept online submissions at all - although this is of
limited relevance to the question of how best to complete the
pleas.
#Post#: 112120--------------------------------------------------
Re: SJPN received - 35 in a 30 zone
By: vega_1976 Date: March 4, 2026, 5:19 pm
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Thanks for your quick and helpful response :)
I had read elsewhere that sometimes you cannot respond online to
a NIP if you were the driver, but I am fairly sure that I would
only have responded online if there was an answer that was
pertinent to my situation i.e. that I was the driver.
Unfortunately and regrettably I did not screenshot any of the
form, which is now very annoying!
I am 100% sure there was at the very least an online response
option though, as I remember inputting the code provided (but
not much else unfortunately).
My slight concern and reason for seeking your input was that I
wanted to make it as simple as possible for the court staff to
understand what I was saying/offering. Of course I can explain
this to the prosecutor if I have to attend court but ideally it
would be disposed of on paper (I'm not sure if this still
happens - it was Surrey and I live in Kent, in case that helps.
If I do need to attend court and speak to the prosecutor do I
need to have the conversation on a 'without prejudice' or any
similar basis? In other words can I speak relatively freely or
do I need to be careful not to make concessions or incriminate
myself? I am a civil solicitor and feel comfortable handling
without prejudice negotiations but really have no clue on the
accepted criminal process (it is some 30 years since I studied
criminal law!)
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