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#Post#: 30726--------------------------------------------------
Given SJPN for speeding - License details not sent in time -
Help
DIR By: Xmos786
Date: July 22, 2024, 5:42 pm
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In March 24, I was caught doing 55mph in a 40. After sending my
license details and admitting I was the driver, a conditional
offer was sent to me in April to accept 3 points and a £100
fine. I sent the £100 fine in June, however it seems I forgot to
send the license details again in acceptance of the conditional
offer of 3 points as I assumed I'd already sent the details.
A few days ago I was issued with a Single Justice Procedure
Notice to plead guilty/not guilty. They also notified me that my
initial fine had now been refunded on 14/7. I reached out to the
Norfolk constabulary on Thursday (18/7) to ask if the charges
could be dropped due to the mitigating circumstances I detailed
in the email, and if I could re-send my license details/pay the
fine. They have yet to respond.
My question is, is there any point now in pursuing this route in
directly contacting the police or is it now too late and now I
have no choice but to plead guilty and hope they don't fine me 1
weeks pay/4 points? My job requires me to have an immaculate
record so this may have an impact on my job, let alone
potentially disqualify me from working in certain countries
abroad!
Thanks for your time.
#Post#: 30738--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: slapdash
Date: July 22, 2024, 11:45 pm
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Unfortunately a common error. Many interpret the fact that they
have previously given licence details as satisfying a subsequent
requirement with a COFP.
There is guidance that is a COFP is not taken up for reasons
unconnected with the the offence then sentencing should be at
the fixed penalty rate.
It's mentioned frequently so a quick search should easily find
the guidance and varied suggested wordings for the request on
the SJPN.
Sometimes it works, sometimes it doesn't. If not at 55 in a 40
the usual penalty would be half a weeks wages, +40% victim
surcharge +95 costs +3points I believe.
Don't miss deadlines. Asking questions of the force doesn't stop
the clock.
HTML https://www.ftla.uk/speeding-and-other-criminal-offences/motoring-offence-advice-please!!/msg30108/#msg30108
#Post#: 30742--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: 666
Date: July 23, 2024, 12:39 am
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--- Quote from: Xmos786 link ---
>
> a conditional offer was sent to me in April to accept 3 points
and a £100 fine. I sent the £100 fine in June, however it seems
I forgot to send the license details again in acceptance of the
conditional offer of 3 points as I assumed I'd already sent the
details.
>
>
--- End Quote ---
If that is correct it seems that your response was late, as well
as lacking the licence details.
#Post#: 31070--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: Xmos786
Date: July 25, 2024, 3:24 am
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--- Quote from: 666 link ---
>
> [quote author=Xmos786 link=topic=2598.msg30726#msg30726
date=1721688120]
> a conditional offer was sent to me in April to accept 3 points
and a £100 fine. I sent the £100 fine in June, however it seems
I forgot to send the license details again in acceptance of the
conditional offer of 3 points as I assumed I'd already sent the
details.
>
>
--- End Quote ---
If that is correct it seems that your response was late, as well
as lacking the licence details.
[/quote]
I was within the time frame for paying off the fine. Their main
issue was not getting the license details.
#Post#: 31072--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: Xmos786
Date: July 25, 2024, 3:27 am
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I got a reply a short while ago:
"Dear Mr ********,
Thank you for your communication.
Unfortunately we cannot trace receipt of the “PART 2: SUBMISSION
OF DRIVING LICENCE DETAILS” form.
Once the file has passed to the court our involvement in the
matter is ended and cannot be taken back from the court.
You do have the opportunity when you enter your plea, to provide
any mitigation which would be considered by the magistrate in
deciding the penalty.
Kind Regards
Glen
Conditional Offer Administrator
Norfolk & Suffolk Constabularies
Central Ticket Office, Criminal Justice Services
PO Box 3293
Norwich NR1 7ET
Tel: 01603 276400
www.norfolk.police.uk"
This means there's no chance they will drop charges right? That
I'll have to go to court? Thanks for your time.
#Post#: 31077--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: slapdash
Date: July 25, 2024, 3:49 am
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It doesn't necessarily mean you have any actual requirement to
attend a physical court.
The single justice would normally deal with it when you return
the form and ask to be sentenced as fixed penalty equivalent.
You can request a hearing in front of a magistrate if you feel
explaining things in person might help encourage them to follow
the guidance from the sentencing council that was referred to.
#Post#: 31078--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: Xmos786
Date: July 25, 2024, 3:52 am
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Thanks for your reply. Have you ever heard of anyone having
their charges dropped and be allowed to still go via the
conditional offer process?
#Post#: 31093--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: NewJudge
Date: July 25, 2024, 4:46 am
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--- Quote from: Xmos786 link ---
>
> Thanks for your reply. Have you ever heard of anyone having
their charges dropped and be allowed to still go via the
conditional offer process?
>
--- End Quote ---
Generally, no. As the fixed penalty office has said, once court
proceedings begin they must be followed through. Apart from
anything else, by the time an SJPN is issued it is usually
beyond the point where the ticket office will muck about any
further (prosecution must begin within six months of the date of
the offence). This is probably true in your case but it doesn't
really matter because they will not usually withdraw court
action anyway.
There is one case on here (which I believe is still not
concluded) where the accused was sent a second Conditional
Offer. It's a long thread but here it is if you want to read it:
HTML https://www.ftla.uk/speeding-and-other-criminal-offences/sjpn-to-be-received/
It got very confusing and seemingly out of control, and he was
eventually served with a Single Justice Procedure Notice anyway.
Though not really the same as your circumstances, it is an
illustration of the complications which can occur and why
withdrawing court action is not likely to happen.
#Post#: 31095--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: BertB
Date: July 25, 2024, 4:52 am
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Generally not. There is an active case on here where a COFP was
re-issued as it was just within the 6 months time frame, however
in that case the COFP would have timed out and the force
concerned are now saying it was provided for reference. Probably
having realised their error. But in answer to your question, it
isn't unheard of, no.
HTML https://www.ftla.uk/speeding-and-other-criminal-offences/sjpn-to-be-received/
HTML https://www.ftla.uk/speeding-and-other-criminal-offences/sjpn-to-be-received/
It starts from the bottom of page one.
Edit: What NewJudge said
#Post#: 31110--------------------------------------------------
Re: Given SJPN for speeding - License details not sent in time -
Help
DIR By: The Rookie
Date: July 25, 2024, 5:54 am
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--- Quote from: BertB link ---
>
> Generally not. There is an active case on here where a COFP
was re-issued as it was just within the 6 months time frame,
however in that case the COFP would have timed out and the force
concerned are now saying it was provided for reference. Probably
having realised their error. But in answer to your question, it
isn't unheard of, no.
>
--- End Quote ---
Also noting there is a big question mark there over the Police
declining to process the first CoFP was lawful or not, so there
is a suggestion they are trying to dig themselves out of that by
brow beating the poster into accepting a second one.
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