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#Post#: 46259--------------------------------------------------
Missed SJPN Deadline
DIR By: Burgundy010165
Date: November 19, 2024, 1:55 pm
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As per subject missed deadline to plead or to provide mitigation
by 3 days.
Offence alleged was 55 in a 30 on a dual carriageway.
Is it too late to bother posting?
How best to proceed?
Likely outcome from Magistrate in my absence of a plea?
#Post#: 46283--------------------------------------------------
Re: Missed SJPN Deadline
DIR By: ManxTom
Date: November 19, 2024, 4:06 pm
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Why not 'phone the ticket office, explain why you're late and
get it sent off ASAP?
Keep a copy and get proof of posting from a post office counter
if possible
(Presumably you are naming yourself and can't do it online?)
#Post#: 46285--------------------------------------------------
Re: Missed SJPN Deadline
DIR By: Southpaw82
Date: November 19, 2024, 4:13 pm
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--- Quote from: ManxTom link ---
>
> Why not 'phone the ticket office, explain why you're late and
get it sent off ASAP?
>
> (Presumably you are naming yourself and can't do it online?)
>
--- End Quote ---
It’s an SJPN, so he’s not naming anyone. He’d be better off
contacting the court rather than the police.
#Post#: 46291--------------------------------------------------
Re: Missed SJPN Deadline
DIR By: NewJudge
Date: November 19, 2024, 4:52 pm
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You can try contacting the court to see if they will accept your
late plea.
If they won't you will be dealt with in accordance with the
usual guidelines which will mean a fine of 1.5 weeks net income,
a surcharge of 40% of that fine and costs of around £95.he
guidelines also suggest either a ban of up to 56 days or six
points. Six points is probably the favourite but if the SJ
believes a ban should be considered your case will be adjourned
to the normal magistrates' court and you will be invited to
attend.
What mitigation were you thinking of offering?
#Post#: 46324--------------------------------------------------
Re: Missed SJPN Deadline
DIR By: Burgundy010165
Date: November 20, 2024, 2:57 am
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If my net earnings have not been declared on the form as nothing
was submitted what figure would the courts use to calculate the
fine?
Would the maximum fine be based on uk avg earnings and therefore
would the worst case be £1000 plus 6 points or a ban of up to 56
days?
The mitigating factor was what I considered a damaged and
dangerously driven Toyota Prius which was driving down the
middle of the road, weaving around at about 22-25 mph. I
accelerated past before returning to the speed limit.
#Post#: 46328--------------------------------------------------
Re: Missed SJPN Deadline
DIR By: Freecall
Date: November 20, 2024, 3:45 am
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--- Quote from: Burgundy010165 link ---
>
>
> Would the maximum fine be based on uk avg earnings....
>
>
--- End Quote ---
No, a figure of £440 will be used for relevant weekly income.
Where there is no information on which a determination can be
made, the court should proceed on the basis of an assumed
relevant weekly income of £440.
Where there is some information that tends to suggest a
significantly lower or higher income than the recommended £440
default sum (such is where the defendant is known to be in an
exceptionally highly paid profession), the court should make a
determination based on that information.
#Post#: 46369--------------------------------------------------
Re: Missed SJPN Deadline
DIR By: NewJudge
Date: November 20, 2024, 8:28 am
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--- Quote ---
> Would the maximum fine be based on uk avg earnings and
therefore would the worst case be £1000 plus 6 points or a ban
of up to 56 days?
--- End Quote ---
The fine would be based on £440pw, as explained above. The
maximum fine for speeding (other than on a motorway) is £1,000.
With a guilty plea that reduced to £667. That speed will attract
either a ban of up o 56 days or six points, regardless of plea.
--- Quote ---
> The mitigating factor was what I considered a damaged and
dangerously driven Toyota Prius which was driving down the
middle of the road, weaving around at about 22-25 mph. I
accelerated past before returning to the speed limit.
--- End Quote ---
I would not mention that as it actually aggravates the offence.
What you are saying is that you noticed a car being driven
erratically, weaving across the carriageway. It was in front of
you so causing you no danger but nonetheless you decided to
overtake it at almost twice the speed limit (thus placing your
car in a position where its weaving might cause a high speed
collision).
Exceeding the speed limit to avoid danger is rarely justified.
In those circumstances the sensible thing to have done would
have been to have remained behind it at a safe distance or
stopped until it had disappeared.
#Post#: 46372--------------------------------------------------
Re: Missed SJPN Deadline
DIR By: ManxTom
Date: November 20, 2024, 8:37 am
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--- Quote from: Southpaw82 link ---
>
> [quote author=ManxTom link=topic=3954.msg46283#msg46283
date=1732053966]
> Why not 'phone the ticket office, explain why you're late and
get it sent off ASAP?
>
> (Presumably you are naming yourself and can't do it online?)
>
--- End Quote ---
It’s an SJPN, so he’s not naming anyone. He’d be better off
contacting the court rather than the police.
[/quote]
Whoops!
I'll get my coat...
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