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#Post#: 37838--------------------------------------------------
Payed NIP and now receiveng a Single Justice Procedure Notice
DIR By: daisy
Date: September 22, 2024, 10:44 am
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Hello everyone,
On 30th March, I received an NIP, which I filled in and sent
back.
Following that, on 23rd April, I received a Conditional Offer of
Fixed Penalty. I made the payment in a week and thought I was
done with it. To my surprise, a new letter came through the post
today. It is the Single Justice Procedure Notice.
I am confused now. Why am I receiving it? The conditional offer
letter states that if I don't wish to contest the matter in
court, a deal is possible - a fixed penalty and the endorsement
of 3 penalty points. I have taken the deal and made the payment
on time.
I have attached all three letters.
What is happening now?
Thanks.
HTML https://imgur.com/dsJE6Ge
HTML https://imgur.com/SRyq5Yw
HTML https://imgur.com/WDpj6UM
#Post#: 37841--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: tonys
Date: September 22, 2024, 11:07 am
---------------------------------------------------------
Did you follow all the instructions on the subsequent pages of
the fixed penalty offer? We've seen a few where people paid but
didn’t submit their licence details when taking up the fixed
penalty.
#Post#: 37844--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: NewJudge
Date: September 22, 2024, 11:19 am
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You haven't shown us the back page of the Fixed Penalty Offer,
but I suspect that Step 2 of the instructions tells you to
submit your driving licence details as well as paying £100. Did
you do that?
Either that or, if you did submit them, the police say they did
not receive them. That will probably be the reason why you have
been prosecuted.
You have two choices:
You can plead guilty to the charge and in the "mitigation"
section of your response, explain that you failed to send your
licence details (if you did fail) or explain that you did and
they must have not been received. As a result, ask the court if
they would sentence you at the fixed penalty equivalent (there
is guidance that suggests this might be done if the court thinks
fit).
Or, if you definitely did send your details, you can plead not
guilty and defend the charge using s76(2) of the Road Traffic
Offenders' Act. This says that no proceedings shall be taken
against a defendant who has complied with the requirements of a
Conditional Offer of a Fixed Penalty. Before you consider this
option, it would be a good idea to check that you can prove you
submitted your details.
#Post#: 37847--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: daisy
Date: September 22, 2024, 11:29 am
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--- Quote from: tonys link ---
>
> Did you follow all the instructions on the subsequent pages of
the fixed penalty offer? We've seen a few where people paid but
didn’t submit their licence details when taking up the fixed
penalty.
>
--- End Quote ---
Yes, I have. The Single Justice Procedure Notice has a copy of
my statement sent on 02.04.2024.
#Post#: 37848--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: daisy
Date: September 22, 2024, 11:35 am
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> You haven't shown us the back page of the Fixed Penalty Offer,
but I suspect that Step 2 of the instructions tells you to
submit your driving licence details as well as paying £100. Did
you do that?
>
> Either that or, if you did submit them, the police say they
did not receive them. That will probably be the reason why you
have been prosecuted.
>
> You have two choices:
>
> You can plead guilty to the charge and in the "mitigation"
section of your response, explain that you failed to send your
licence details (if you did fail) or explain that you did and
they must have not been received. As a result, ask the court if
they would sentence you at the fixed penalty equivalent (there
is guidance that suggests this might be done if the court thinks
fit).
>
> Or, if you definitely did send your details, you can plead not
guilty and defend the charge using s76(2) of the Road Traffic
Offenders' Act. This says that no proceedings shall be taken
against a defendant who has complied with the requirements of a
Conditional Offer of a Fixed Penalty. Before you consider this
option, it would be a good idea to check that you can prove you
submitted your details.
>
--- End Quote ---
Yes, I have. I copy of it is attached to the most recent letter.
I guess this is what we are talking about:
HTML https://imgur.com/a/Q7ftriV
#Post#: 37849--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: NewJudge
Date: September 22, 2024, 11:45 am
---------------------------------------------------------
No, that is not what we're talking about. That is the "request
for driver's details". That is asking you to tell he police who
was driving and comes before the offer of a fixed penalty.
The second document of the three you first posted up is that
offer. On the back it tells you what you need to do to accept
the offer, and among that will be an instruction to submit your
driving licence details (again). If you did not do that you did
not comply with the conditions of the offer and that is why you
have seen court action.
If that is the case, the first of my two suggestions is the one
to follow.
You might like to take that document down and redact it as it
shows personal details at the top.
#Post#: 37850--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: andy_foster
Date: September 22, 2024, 11:46 am
---------------------------------------------------------
Has anyone got any spare crayons. I'm going to need lots of
them.
You received an SJPN on 23/04/2024. For some reason known only
to yourself, you decided that it would be helpful to upload a
scan of the first page, but not the second. Perhaps you were not
aware that notices can have more writing on the back. This would
explain a lot. The second page would invariably have included
instructions to provide identification details to the Fixed
Penalty Clerk - although the police seem to like to call it
something else - basically name, date of birth and licence no.
(if UK licence holder) - although your licence number
incorporates your date of birth, so arguably that is not a
separate requirement.
You apparently have proof that you provided the required
information on 02/04/2024. That is 3 weeks before you received
the COFP. I suspect that your proof is somewhat less compelling
than you might otherwise have thought.
#Post#: 37859--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: daisy
Date: September 22, 2024, 1:48 pm
---------------------------------------------------------
--- Quote from: andy_foster link ---
>
> Has anyone got any spare crayons. I'm going to need lots of
them.
>
> You received an SJPN on 23/04/2024. For some reason known
only to yourself, you decided that it would be helpful to upload
a scan of the first page, but not the second. Perhaps you were
not aware that notices can have more writing on the back. This
would explain a lot. The second page would invariably have
included instructions to provide identification details to the
Fixed Penalty Clerk - although the police seem to like to call
it something else - basically name, date of birth and licence
no. (if UK licence holder) - although your licence number
incorporates your date of birth, so arguably that is not a
separate requirement.
>
> You apparently have proof that you provided the required
information on 02/04/2024. That is 3 weeks before you received
the COFP. I suspect that your proof is somewhat less compelling
than you might otherwise have thought.
>
--- End Quote ---
I am sorry for not posting the second page.
HTML https://imgur.com/a/wEvRgHC
#Post#: 37863--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: NewJudge
Date: September 22, 2024, 2:01 pm
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So did you submit your driving licence details as instructed?
#Post#: 37877--------------------------------------------------
Re: Payed NIP and now receiveng a Single Justice Procedure
Notice
DIR By: daisy
Date: September 22, 2024, 3:32 pm
---------------------------------------------------------
Yes, I have, only once, just as it states: "within the limits
provided within your fixed penalty notice", a.k. 02. 04.2024.
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