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#Post#: 45363--------------------------------------------------
SJP, and now Collection Order for failure to provide driver info
- i never received any NiP!
DIR By: Zebra1234
Date: November 12, 2024, 7:38 pm
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Yesterday I discovered an unopened letter addressed to me (it
was unfortunately put in a pile of papers out of sight by my
wife) which turned out to be an unexpected SJP for failure to
provide driver info for a speeding offence back in April 2024.
Horrifyingly I was well past the 28 days deadline to respond
(Guilty or Not Guilty) (SJP is dated 04/10/24)!
Completely blind-sided as i have no recollection of receiving
the initial speeding offence letter requesting driver info, or
ANY of the subsequent follow-ups (they claim to have sent 3 over
the course of this year).
I immediately emailed the respective Police outlining I had not
received any correspondence about the offence at all and have
received the SJP unexpectedly (I realise I should have come here
first before sending anything to anyone), and the only
possibility is that all the correspondence was mislaid due to it
all coinsiding with an incredibly stressful period this year
with my mother-in-law being hospitalised for 2 months.
TODAY I received an email reply from the Police saying:
"We acknowledge receipt of your email below which has been
received too late for this office to deal with. The file has
already been passed to our Prosecutions department and you
should shortly be receiving a Court Summons if you have not
already done so."
TODAY I also received a Court Notice of fine and Collection
order stating £1K fine and 6 points.
(I did not receive a court summons, but I assume this is because
I didn't respond to the SJP in time)
Should I file a Statutory Declaration regarding not receiving
anything until it was "too late"?
[attachment deleted by admin]
#Post#: 45374--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: JRHartley
Date: November 13, 2024, 2:19 am
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Your vehicle registration hasn't been redacted on the Statement
of Facts.
#Post#: 45380--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: Southpaw82
Date: November 13, 2024, 3:17 am
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You won’t have received a summons because you received an SJPN.
You did not respond so you were tried in your absence (by a
single justice sat in an office) and convicted and fined.
You are somewhat vague as to whether you did receive previous
paperwork (e.g. the NIP) and it was simply mislaid (not a
defence) or whether you never received it (maybe a defence).
#Post#: 45381--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: Zebra1234
Date: November 13, 2024, 3:28 am
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It's hard for me to say categorically if the letters were
misplaced or not received. I don't remember receiving or seeing
any of the letters, but also i know at the time it was very
stressful with a lot of unheaval at home - my wife had to
basically run her mother's school meaning i took up all the
slack for childcare at home etc etc etc. Would it be better to
explain the situation as above or have better confidence in
myself and say they were not received?
#Post#: 45382--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: RichardW
Date: November 13, 2024, 3:29 am
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And also address on one of the pages.
Presumably the photos show your car, and the address stated that
they sent the NIPs to is correct?
This is effectively the summons and tells you what happens if
you don't reply. I don't know if you can stat dec this, since
it clearly was delivered and you have it - others may be able to
advise. If you could get it reset, and you were driving, then
the plea bargain for guilty plea for speeding in return for them
dropping the FTF might work, although you don't appear to have
been dual charged, so maybe not.
#Post#: 45394--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: Zebra1234
Date: November 13, 2024, 4:35 am
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yes, this is the only document i can say 100% I have receieved
but not seen until too late. If I can stat dec the NIP and
subsequent letters then would that in turn cancel the original
SJP and court charge/fine?
I was not the driver of the original offence which is also
making this even more frustrating!!
#Post#: 45397--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: NewJudge
Date: November 13, 2024, 4:59 am
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Why you were unaware of the court proceedings is unimportant.
When you make your Statutory Declaration (SD) you are swearing
to confirm you were not aware of them.
You cannot do the "deal" mentioned above because the charge
sheet does not mention speeding and you were not driving anyway.
You do not seem to have any defence against the "Fail to
Provide" charge. You cannot really say with any certainty what
you did or did not receive. The SD will nullify your conviction,
points, fine and costs, etc. The problem is that the charge will
be immediately put to you again and your only option is to plead
guilty. The financial penalty may be reduced a little. The
guidelines suggest a fine of 1.5 week's net income but this will
be reduced by a third for your guilty plea, so a week's net
income. You will also pay a surcharge of 40% of that fine and
costs of £110.
You can work out whether or not it is worthwhile performing an
SD and having the matter reheard.
#Post#: 45425--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: Zebra1234
Date: November 13, 2024, 6:59 am
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--- Quote from: BertB link ---
>
> A stat dec is for people who were not aware of proceedings
against them. From your own OP, you received a SJPN and
contacted the Police about it. I'm not sure you can swear under
oath that you were not aware of any proceedings against you on
that basis.
>
--- End Quote ---
I could swear i didn't know about the proceedings until November
11th, which was past the deadline (28days after Oct 4th)
#Post#: 45428--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: NewJudge
Date: November 13, 2024, 7:09 am
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I was going to add just that.
If you only had until 1st November to respond to the SJPN and
you did not discover about the proceedings until 11th, there is
every likelihood that your case had been dealt with by then,
especially as you received the results of your hearing on 12th.
It is an interesting point to consider that if you perhaps found
out (say) a couple of days before your case was to be heard
under the SJ process technically you were aware of the
proceedings before they took place. But you would not be in a
position to respond or do much else about it as you cannot
attend a SJ hearing. But I don't think that's the case here.
#Post#: 45460--------------------------------------------------
Re: SJP, and now Collection Order for failure to provide driver
info - i never received any NiP!
DIR By: Zebra1234
Date: November 13, 2024, 9:52 am
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It certainly does seem the case had been heard before I knew
about it. As you say, I received the court judgement yesterday
(12th nov) and discovered the SJP on the 11th. So, I plan to go
to the magistrates court this week to submit a Stat Dec. The
honest truth is that I heard nothing about any of the
proceedings (NIP, letters and court summons) until too late to
respond at all. I can explain the potential reasons, but it is
honest truth i was entirely in the dark until too late. Would
this be an advisable route?
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