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#Post#: 48034--------------------------------------------------
I paid fine but have still received a SJPN
DIR By: FebruaryGirl
Date: December 3, 2024, 7:51 am
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Can anyone kindly advise?
Back in July I received a notice alerting me that I'd done 35mph
in a 30mph zone and I immediately paid the fine, took three
points and filled in all the relevant forms online.
I got a receipt for the payment so can prove I made it.
This morning I got a Single Justice Procedure Notice saying that
I have to again plead either 'guilty' or 'not guilty' and I'm
totally confused as I paid the fine....!
I checked and also can't see any points on my licence?
Can anyone kindly advise me? How can this happen?
Do I just fill in 'guilty' and add in the space given that I've
paid???
Thank you in advance for any guidance.
#Post#: 48037--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: 666
Date: December 3, 2024, 8:06 am
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This is a very common problem. Almost certainly you didn't
provide your licence details when paying the penalty. The £100
will be refunded "in due course".
Plead guilty, and in the Mitigation section explain (briefly)
that you paid, and ask nicely for the court to consider
sentencing you at the fixed penalty. They don't have to, but it
costs nothing to ask.
#Post#: 48042--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: FebruaryGirl
Date: December 3, 2024, 8:49 am
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Thank you for your response, greatly appreciated.
I'm so angry with myself if I missed a request to provide
licence details - I put them in the form I filled in online and
just don't remember seeing any other request to do so.
#Post#: 48053--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: Southpaw82
Date: December 3, 2024, 9:29 am
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By “the form online” do you mean in response to the notice
requiring you to name the driver? Rather than a conditional
fixed penalty offer?
#Post#: 48054--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: FebruaryGirl
Date: December 3, 2024, 9:32 am
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Hi, I filled in the online form acknowledging guilt and
accepting the three points and fine. Then I paid the fine using
a separate link.
I just don't recall seeing any additional request for my licence
anywhere?
#Post#: 48056--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: Southpaw82
Date: December 3, 2024, 9:45 am
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--- Quote from: FebruaryGirl link ---
>
> I just don't recall seeing any additional request for my
licence anywhere?
>
--- End Quote ---
AFAIK, it’s required by law, so those details are very likely to
have been requested.
#Post#: 48063--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: andy_foster
Date: December 3, 2024, 10:29 am
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AFAIK, despite the numerous things that you can now submit
online, a COFP is still a paper document that is served by post.
Payment can be made online, but the paper form would have
instructed you to provide your licence details separately by
post.
What the statute (section 75 of The Road Traffic Offenders Act
1988
HTML https://www.legislation.gov.uk/ukpga/1988/53/section/75)<br
/>requires is that payment is made to the "appropriate person",
and that either your name, date of birth and licence number is
provided to the "appropriate person", or that the "appropriate
person" is satisfied as to your identity.
The appropriate person, for the purposes of payment is the fixed
penalty clerk.
The appropriate person, for the purposes of identification is
also the fixed penalty clerk.
If the requirements are satisfied, the driver cannot then
[lawfully] be prosecuted for the offence to which the COFP
relates (subject to not being liable to tot up).
As UK driving licences incorporate the holder's date of birth
(in the form YMMDDY), it is not immediately obvious that
satisying the fixed penalty clerk of your identity when making
payment, and/or providing your date of birth by providing your
licence number, does not satisfy the requirements of the
legislation to avoid liability to prosecution for the offence,
regardless of whether the police decided to make up and apply
their own rules.
#Post#: 48067--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: FebruaryGirl
Date: December 3, 2024, 11:03 am
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Thank you for that detailed response, I very much appreciate it.
There has been no refund of the fine I paid, so it seems rather
unfair that they are apparently happy to accept that and
certainly keep it at least thus far, while still summoning me to
court...
#Post#: 48068--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: andy_foster
Date: December 3, 2024, 11:07 am
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Hanlon's razor - never ascribe to malice that which can be
adequately be explained by incompetence.
#Post#: 48069--------------------------------------------------
Re: I paid fine but have still received a SJPN
DIR By: 666
Date: December 3, 2024, 11:11 am
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--- Quote from: FebruaryGirl link ---
>
> Thank you for that detailed response, I very much appreciate
it.
>
> There has been no refund of the fine I paid, so it seems
rather unfair that they are apparently happy to accept that and
certainly keep it at least thus far, while still summoning me to
court...
>
--- End Quote ---
When I wrote 'The £100 will be refunded "in due course"' I
should perhaps have gone into full Sir Humphrey mode and said
"in the fullness of time".
But seriously, from the posts I've seen it doesn't usually seem
to be unduly delayed. Weeks rather than months.
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