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DIR Return to: Speeding and other criminal offences
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#Post#: 14543--------------------------------------------------
SJP paperwork despite accepting NIP and paying fine
DIR By: David in the North
Date: January 29, 2024, 12:17 pm
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Hi all,
I was caught speeding in October. Named myself and received a
conditional offer of 3 points and a small fine. Paid the fine
bed and sent the paperwork back.'Part 2: Submission of Driver
License Details'.
I've recently received a notice to say I’m being charged under
single justice procedures as I didn’t return the form. I am only
being charged with the speeding offence.
I have Delivery Proof of Delivery for the returned Part 2 form.
I also have the original form as it was returned to me stamped
'Paid and Endorsed' along with the date and initials of the
person who did it.
I called the local traffic bureau to explain that I believed
there was an administrative error. They recommended I completed
the SJP forms and add the situation as mitigating evidence,
along with a copy of the stamped Part 2. They informed me that
my license had not been endorsed.
Does this sound the correct approach? Assuming it is, would the
below be appropriate:
I received the above referenced Notice of Intended Prosecution,
paid and returned the 'Part 2: Submission of Driver License
Details' within the correct time limits.
The form was returned Special Delivery, tracking reference
number XXXXXXXXXXXXX. It was sent on 16 October 23 and Royal
Mail Proof provided proof of delivery at 10:50 on 17 October 23.
I subsequently received the 'Part 2: Submission of Driver
License Details' returned by post. Notably the form is stamped
"Paid and Endorsed 23 Oct 2023" and initialed MA.
When I received the Single Justice Procedure pack I emailed N
Yorks Police Traffic Bureau to the above effect. I received a
reply 'XXXX' Collar number XXXX stating that I should submit the
forms and note the above under mitigating circumstances.
Please find enclosed supporting evidence:
1) A copy of the Part 2 form that was returned to me
2) Proof of Delivery from Royal Mail
3) A copy of the correspondence with the Traffic Bureau
Due to the above I believe I have complied with the original
fixed penalty offer, and sent the response back to the police. I
would like to refer you to the Sentencing Council Guidelines on
fixed penalties, that "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."
I have attempted to comply with the fixed penalty, however due
to issues outside of my control, this has not been taken up. I
would therefore like to request a fixed penalty equivalent
sentence to dispose of this matter.
Any advice appreciated!
#Post#: 14547--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: andy_foster
Date: January 29, 2024, 12:58 pm
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Personally, if I had complied with the requirements, had proof
that I had complied with the requirements, and the police had
then unlawfully instigated proceedings, I would be defending on
the basis that the prosecution is statute barred.
#Post#: 14548--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: David in the North
Date: January 29, 2024, 1:14 pm
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--- Quote from: andy_foster link ---
>
> Personally, if I had complied with the requirements, had proof
that I had complied with the requirements, and the police had
then unlawfully instigated proceedings, I would be defending on
the basis that the prosecution is statute barred.
>
--- End Quote ---
That's interesting. Can you advise why it is statute barred
please?
Edit: Just realised that if I am found guilty at Magistrates
Court then it is classed as a criminal conviction, whereas the
FPN would not have been. I'm now very keen to fight this if
anyone can point me towards the right argument.
#Post#: 14569--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: Southpaw82
Date: January 29, 2024, 3:50 pm
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If you accept a fixed penalty (or, in your case, purport to
accept a conditional fixed penalty by complying with the
conditions) you cannot be convicted of the underlying offence.
PS: “licence” is a noun, “license” is a verb.
#Post#: 14572--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: NewJudge
Date: January 29, 2024, 4:34 pm
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This is provided by s76 of the Road Traffic Offenders Act:
HTML https://www.legislation.gov.uk/ukpga/1988/53/section/76
76 Effect of offer and payment of penalty.
(1)This section applies where a conditional offer has been
issued to a person under section 75 of this Act.
(2)Where the alleged offender has fulfilled the conditions
specified in the conditional offer under section 75(8A)(a)], no
proceedings shall be brought against him for the offence to
which the offer relates unless subsection (3) below applies.
(Sub section 3 relates to the situation where the driver is
liable to a "totting up" ban).
Of course, the issue in your case will be whether the court
accepts that you complied with the conditions of the offer.
However, you seem to have a better case than most.
#Post#: 14578--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: David in the North
Date: January 29, 2024, 5:36 pm
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--- Quote from: NewJudge link ---
>
> This is provided by s76 of the Road Traffic Offenders Act:
>
>
HTML https://www.legislation.gov.uk/ukpga/1988/53/section/76
>
> 76 Effect of offer and payment of penalty.
>
> (1)This section applies where a conditional offer has been
issued to a person under section 75 of this Act.
> (2)Where the alleged offender has fulfilled the conditions
specified in the conditional offer under section 75(8A)(a)], no
proceedings shall be brought against him for the offence to
which the offer relates unless subsection (3) below applies.
>
> (Sub section 3 relates to the situation where the driver is
liable to a "totting up" ban).
>
> Of course, the issue in your case will be whether the court
accepts that you complied with the conditions of the offer.
However, you seem to have a better case than most.
>
--- End Quote ---
That's amazing, thank you! I'll plead Not Guilty and build an
argument around this.
#Post#: 14580--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: David in the North
Date: January 29, 2024, 6:03 pm
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OK, so I think the below about summarises my plea and defence:
I am pleading Not Guilty as proceedings should not have been
brought as per S76 of the Road Traffic Offenders Act as I
fulfilled the conditions specified in the conditional offer.
Section 76 of the Road Traffic Offenders Act 1988 states that:
“Where the alleged offender has fulfilled the conditions
specified in the conditional offer under section 75(8A)(a)], no
proceedings shall be brought against him for the offence to
which the offer relates unless subsection (3) below applies.”
Subsection (3) does not apply to this case as the Alleged
Offender (myself) would not be liable to disqualified under
section 35 of the Act. For clarity I hold no endorsements on my
license and the starting point for Penalty points would be 3 as
per Part I of Schedule 2 to the Act.
Within the Single Justice Procedure Pack the witness statement
of XXXX XXXXXX, XXXX states that I had not provided my driving
license details for endorsement. This is factually incorrect. A
timeline of events can be seen below:
16 Oct 23. Driving license details were sent on the Part 2 form
by Royal Mail Special Delivery as per the instructions in the
conditional offer.
17 Oct 23. Royal Mail provided Proof of Delivery. A copy of this
proof of delivery can be found enclosed.
Late Oct 23. The original Part 2 form was returned to myself by
post. It has been stamped with “Paid and Endorsed 23 Oct 2023”
and initial “XX”. A copy of the returned Part 2 form can be
found enclosed.
When I received the Single Justice Procedure pack I emailed N
Yorks Police Traffic Bureau to the above effect. I received a
reply from 'XXXX' Collar number XXXX stating that I should
submit the forms and note the above under mitigating
circumstances. A copy of the emails is enclosed.
Any more pointers appreciated!
#Post#: 14594--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: andy_foster
Date: January 30, 2024, 3:12 am
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Have you checked your licence online? Are the points from the
fixed penalty currently showing?
N.B. This does not directly affect your defence, but it would be
prudent to understand whether they have completely f**ked up, or
only partially. In other words, have they completed the fixed
penalty process and then for no apparent reason decided to
prosecute you for the speeding offence, or have they failed to
endorse your licence for no apparent reason and then decided to
prosecute you because they did not complete their process?
#Post#: 14607--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: David in the North
Date: January 30, 2024, 5:57 am
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--- Quote from: andy_foster link ---
>
> Have you checked your licence online? Are the points from the
fixed penalty currently showing?
>
> N.B. This does not directly affect your defence, but it would
be prudent to understand whether they have completely f**ked up,
or only partially. In other words, have they completed the fixed
penalty process and then for no apparent reason decided to
prosecute you for the speeding offence, or have they failed to
endorse your licence for no apparent reason and then decided to
prosecute you because they did not complete their process?
>
--- End Quote ---
Thanks, have just checked and there are no points on my licence,
so it appears to be the latter option.
#Post#: 14627--------------------------------------------------
Re: SJP paperwork despite accepting NIP and paying fine
DIR By: ManxTom
Date: January 30, 2024, 10:02 am
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--- Quote from: David in the North link ---
>
>
>
> Thanks, have just checked and there are no points on my
licence, so it appears to be the latter option.
>
--- End Quote ---
Just one other thing...
I know the part 2 from was returned to you marked "Paid and
endorsed" but are you 100% certain that when you sent them the
part 2 form you included all the details (eg licence number)
that you were asked for?
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