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#Post#: 75113--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: ManxTom
Date: June 6, 2025, 7:24 am
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--- Quote from: jaipal2004 link ---
>
> S172 defence is simply the fact I've sent the submission but
it's clearly not been received - nothing more to say. I can't be
the only one who's had forms lost in the post ::) . Even the
postal service will state proof of dispatch is not proof of
receipt.
>
> I would prefer to avoid the S172 as that carries the greater
impact on points, premiums etc.
>
> There are various mitigations I can add (carer for handicapped
family member etc) but I don't feel I need to if I'm going with
the 'lost in post' defence.
>
> Ta
>
--- End Quote ---
So you intend to defend the s172 charge on the basis of "lost in
post" rather than do a deal?
Do you have proof that you sent it back? eg certificate of
posting
#Post#: 75116--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: jaipal2004
Date: June 6, 2025, 7:36 am
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Sorry - I wasn't clear.
I want to do a deal but worried they won't let me before the
case is heard - mainly driven by the fact that they're making me
attend court. I just wanted to have a backup plan in mind
inlight of the form not being sent but I don't have a
certificate of posting.
#Post#: 75120--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: NewJudge
Date: June 6, 2025, 8:08 am
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--- Quote ---
> I want to do a deal but worried they won't let me before the
case is heard - mainly driven by the fact that they're making me
attend court.
--- End Quote ---
But your case is already going to be heard in court as the deal
can only be agreed there. Whether you are there or not depends
on the court. As I explained in my post on 5th January, some
courts allow this deal to be conducted under the "Single
Justice" procedure (which you cannot attend) whilst others will
require your attendance at a hearing in the normal Magistrates'
Court.
As far as I am aware there have been no cases on this forum that
we know of where the deal has been declined. On its predecessor
(Pepipoo) there was only one from a very large number over many
years. That was where the defendant was somewhat uncivil to the
prosecutor, who felt disinclined to assist him by agreeing to
the deal. If I am correct, he finished up with nine points for
his trouble.
You simply need to proceed as advised on here. In the
(extremely) unlikely event that your offer is declined, you will
have to decide whether or not to maintain a not guilty plea to
the FtP charge. As above, your chances of success with that, on
the basis that you posted a response but have no proof of that,
is fairly slim to say the least. But I would not lose too much
sleep over it because I can say with a fair degree of certainty
that your offer will not be declined.
#Post#: 75207--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: Freecall
Date: June 7, 2025, 1:47 am
---------------------------------------------------------
--- Quote from: jaipal2004 link ---
>
> Sorry - I wasn't clear.
>
> I want to do a deal but worried they won't let me before the
case is heard - mainly driven by the fact that they're making me
attend court. I just wanted to have a backup plan in mind
inlight of the form not being sent but I don't have a
certificate of posting.
>
--- End Quote ---
I think that the issue here is with the language.
When you see phrases such as 'do the deal' used on here it is
simply shorthand, it doesn't mean a 'deal' in the way you might
encounter such things when buying or selling something.
What is being described is simply CPS policy, it is the way
things work, it will happen.
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