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#Post#: 113938--------------------------------------------------
SJPN - 2 offences "laid in the alternative"
DIR By: k2897
Date: March 21, 2026, 7:35 am
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I've just received an SJPN in the post today for a speeding
offence that took place in September 2025. I was going 61mph in
a temporary 50mph zone on the M4.
They end of September they sent a NIP to my old address with a
further reminder letter in October to that same address. And
now, 6 months from the date of offence I've received a SJPN with
2 offences: speeding and failure to provide drivers details
(s172)
I've read through the paperwork they've sent me and there's a
section that states: "If your summons contains 2 offences, they
are 'laid in the alternative'. This means that if you choose to
plead guilty to one offence and not guilty to the other the
magistrates will only adjudicate on the offence to which you
have pleaded guilty and the offence you pleaded not guilty will
be withdrawn.
Where there are 2 offences in the summons, and you choose to
plead not guilty to both the case will be adjourned at the first
hearing. You will then be notified of a trial date. You will
have to attend the trial to give evidence in person."
I was unaware that I had to update my V5C and the address has
stayed the same on there since I bought the car and had assumed
that if I update the address on my drivers licence when I move
house (which I have done twice since then and kept updated), it
automatically updates DVLA too. I only realised I have to update
my V5C in November 2025 and I did it right then. Now my V5C has
the correct address but it didn't at the date of the offence. I
do want to take responsibility for both of these offences,
however to avoid getting 9 points (!!!) I'd like to take on the
"laid in the alternative' deal they've mentioned. I've read
through multiple other questions on here with the same situation
and people haven't mentioned about this. I wasn't sure if
they've just missed it or it's a new thing on my paperwork?
I do appreciate that it is my fault for not updating my V5C, and
so I'm concerned that if I choose not guilty for this offence in
my response, once they read my explanation, they won't withdraw
it and I'll end up with 9 points (on top my existing 3 points,
I'd have 12 in total and basically lose my licence for 6
months). I don't want to do the wrong thing here and get myself
in more of a pickle. I really don't want to drag this on and go
to court either.
Is it the case that the offence I put not guilty just gets
automatically withdrawn because I've admitted to the other, even
though technically I am guilty of both? Is it likely/common
practice for them to drop the s172 in these cases? what would be
the best action here?
#Post#: 113942--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: NewJudge
Date: March 21, 2026, 8:24 am
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You are indeed technically guilty of both (provided you agree
you were speeding), though a speeding prosecution would not
succeed without you pleading guilty as the police have no
evidence that you were driving. However…
--- Quote ---
> Is it the case that the offence I put not guilty just gets
automatically withdrawn because I've admitted to the other, even
though technically I am guilty of both?
--- End Quote ---
Yes, that’s exactly what they’ve told you.
It is, in fact a very convenient way of dealing with someone in
your position. Not many courts do this. It is usually necessary
to plead not guilty to both charges, attend court and do a deal
with the prosecutor to drop the “Fail to Provide” (FtP) charge
in return for a guilty plea to speeding.
--- Quote ---
> …what would be the best action here?
--- End Quote ---
Return the SJPN pleading guilty to speeding and not guilty to
FtP.
#Post#: 113958--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: k2897
Date: March 21, 2026, 12:38 pm
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Thankyou!! I really appreciate the rapid response!
I guess I'm just worried they're going to redact what they've
said after I basically own up in my explanation and tell them "I
haven't updated my V5C because I didn't know I had to" and
charge me for both. Should I even provide an explanation?
#Post#: 113965--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: NewJudge
Date: March 21, 2026, 1:51 pm
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--- Quote ---
> I guess I'm just worried they're going to redact what they've
said after I basically own up in my explanation and tell them "I
haven't updated my V5C because I didn't know I had to...
--- End Quote ---
Their agreement (to discontinue one charge if you plead guilty
to the other) is not conditional on anything. Failure to update
the V5C is one of the most common reasons that drivers find
themselves in your position. When the usual strategy is employed
(pleading not guilty to both charges and doing the “deal” I
mentioned) it is rarely, if ever, declined by prosecutors. The
court dealing with your case has simply made it easier for you.
The court (or the prosecutor) would be very hard pushed to
retract their offer as it essentially encourages you to plead
guilty to speeding – a charge which would otherwise not stick
without your guilty plea.
In any case, you have no need to provide any explanation. If you
want to provide one simply say your pleas are entered on the
understanding that the charges are being laid “in the
alternative.”
#Post#: 118182--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: k2897
Date: May 9, 2026, 11:24 am
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Thanks for everyone’s advice. I sent the letters back pleading
guilty for the speeding and not guilty for the s172. I’ve just
seen on the government website that last week they’ve given me 6
points for “failure to give information as to identity of driver
MS90”. So confused what’s happened there. It’s made me even
doubt that I’ve filled in letter correctly. Do I just take the L
and pay the fine (£660 !!) or do I dispute this? I’m so lost and
frustrated. The laid in the alternative thing didn’t work?
#Post#: 118184--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: NewJudge
Date: May 9, 2026, 12:25 pm
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Do I just take the L and pay the fine (£660 !!) or do I dispute
this?
Certainly not! You must dispute it.
You have it in writing that if you plead guilty to one charge
and not guilty to the other, the one to which you have pleaded
not guilty will be withdrawn.
If you responded as you say you did, even ignoring “the offences
being laid in the alternative”, you should not have been
convicted without facing a trial, for which you would have to
attend in person.
Did you keep a copy of your response?
You need to contact the court to find out why you have been
convicted of the offence to which you pleaded not guilty, when
you had the firm understanding that it would be discontinued.
#Post#: 118202--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: ManxTom
Date: May 9, 2026, 7:34 pm
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--- Quote from: k2897 link ---
>
> Thanks for everyone’s advice. I sent the letters back pleading
guilty for the speeding and not guilty for the s172... It’s made
me even doubt that I’ve filled in letter correctly. ...
>
--- End Quote ---
Did you not keep a copy of the plea you sent back?
#Post#: 118335--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: k2897
Date: May 11, 2026, 9:11 am
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No unfortunately I didn’t keep a copy of my answers on the paper
form.
I called up the magistrates court today to ask for a copy of the
plea and court paper work that’s on file about the case. I
didn’t even get to ask this question because as soon as they
checked my details, they said they didn’t recieve the forms even
though I sent it few days after I got the sjpn through the post.
Thankfully I’ve kept receipt proof (physical receipt and photo
of it) of me sending the forms off in time which matches the
address I was to send my plea to. So no idea how they didn’t get
it.
I’ve now been asked to dispute it and go through the process.
They said it can take 6 months to resolve this which is painful
because now I have an extra 6 points on my licence!
Would I have to physically go to court to dispute this and
explain in person? Should I start paying the fine to avoid being
penalised for an additional offence for “not paying a fine by a
deadline” No idea how any of this works never done this before!
Would appreciate any tips as usual!
#Post#: 118340--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: NewJudge
Date: May 11, 2026, 10:48 am
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You will have to ask the court to re-open your case under s142
of the Magistrates’ Court Act.
The process for this is that your request will first be screened
by an administrator. Be prepared to meet some resistance to your
request. Do not mention the word “appeal” in your application.
This is the usual reason for the administrators declining to put
a request before the court and usually results in a form to
appeal in the Crown Court being supplied. That is not what you
want to do.
Only the court can decide whether or not to re-open your case.
It is a judicial decision to be taken by Magistrates, not an
administrative one to be taken by a clerk. You must persevere if
you meet that resistance.
The reason for your request is quite simple: you were told that
the offences were laid “in the alternative”. You pleaded guilty
to speeding on the understanding that the “Fail to Provide”
charge would be dropped. Unfortunately, your response was not
received by the court and they convicted you, in your absence,
of the FtP charge.
I discovered a short while ago that you can begin this process
online:
HTML https://www.gov.uk/appeal-magistrates-court-decision/how-to-apply
#Post#: 118559--------------------------------------------------
Re: SJPN - 2 offences "laid in the alternative"
DIR By: k2897
Date: May 13, 2026, 8:15 am
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Thankyou! Yes I’m going to do that.
I’m going through the online form for that and I just want to
make sure I’m choosing the right options.
So for “did you make a plea for the original offence” there’s
two options. “yes, I made a plea but I think the decision was
unfair/the judges failed to consider my circumstances or all the
evidence available” the other option is “no, i didn’t know about
the original hearing or was unable to make a plea” is the “no”
option the better one considering my situation?
If I click yes for the above, the follow up question is “did you
get the chance to give an explanation of the offence to the
court”
Do I pick “yes- but I want to appeal the decision made” or “no-
I was not able to speak or write to the court”. To avoid
choosing the option with the word appeal in it, I was going pick
no.
If I pick no for that first question, then it takes me straight
to a new question “do you think the court decision was unfair.
Do you want your case to be reopened” to which I want to click
yes.
The next bit: “are you challenging the court finding that you
are guilty or the outcome (sentence) of the original hearing. Or
both”. Bit clueless which to pick here.
It then asks me for more info on the plea and why I believe I
did not commit the offence if I’m pleading not guilty. Then a
separate section asking me to make pleas for more than one
offence if applicable. For both these sections I’m assuming I
just repeat the explanation about laid in the alternative and
them not recieving my response etc. and nothing extra.
Many thanks as always!
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