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DIR Return to: Speeding and other criminal offences
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#Post#: 84199--------------------------------------------------
SJP notice for speeding. Been abroad and missed previous
correspondence.
DIR By: Esutg
Date: August 5, 2025, 6:29 am
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Hello everyone,
My first post and grateful for any advice, and appreciate giving
up your time to look at my post. I'll try and outline this in
chronological order. This is on behalf of my father who is 74yo
and already has 3 points on his license before the incident.
17/2/25 - Caught speeding by static fixed camera doing 35mph on
a 30mph road.
26/2/25 - Received NIP letter from Met Police and responded with
personal details using web link provided.
12/3/25 - Received offer letter of NDORS diversionary course. My
father rejected this offer by not responding. His stated
preference was to pay the future fixed fine reduced offer as
indicated in the letter.
2/5/25 - My father went abroad.
20/6/25 - Letter of Conditional offer of Fixed Penalty arrives
at my fathers residential property. Was not opened.
2/8/25 - My father returns to UK from abroad. Opens his letters.
3/8/25 - My father tries to pay the fixed penalty using the web
link provided but throws an error. Suspect it is because 28 days
have lapsed and the offer was withdrawn as said in letter. My
father sends an email to Met Police to argue mitigating
circumstance (he was abroad) when letter of fixed penalty
arrived and asking if offer can be reopened so he can pay.
4/8/25 - Met Police respond to email by saying offer was
withdrawn due to 28 days and SJP notice will be sent.
5/8/25 - Received letter of SJP notice.
Little bit annoyed that in this day and age that correspondence
by the Met is all done by paper letters, even though they had
his number and email address which he can access whilst abroad.
But anyway, should i advise my father to plead guilty, given he
accepts the speeding? However, is there any way to argue for
leniency on the judgement based on his mitigating circumstance
(being abroad) and doing everything he can when he returned to
UK. What is the likely fine and license points additions for
guilty or non-guilty pleads?
#Post#: 84223--------------------------------------------------
Re: SJP notice for speeding. Been abroad and missed previous
correspondence.
DIR By: NewJudge
Date: August 5, 2025, 8:03 am
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He has no realistic option but to plead guilty.
There is no way the police would have revived their offer of a
fixed penalty almost five months after the offence. They must
allow the recipient of the offer 28 days to accept it and they
must take court proceedings (the only alternative left to them
if the FP is declined or ignored) within six months of the
offence.
Magistrates have guidance which suggests that in certain
circumstances they should impose a sentence at the level
equivalent to the fixed penalty:
“Where a penalty notice could not be offered or taken up for
reasons unconnected with the offence itself, such as
administrative difficulties outside the control of the offender,
the starting point should be a fine equivalent to the amount of
the penalty and no order of costs should be imposed. The
offender should not be disadvantaged by the unavailability of
the penalty notice in these circumstances.”
Of course the reasons for your father being unable to accept the
fixed penalty were entirely of his own making. All he can do is
to explain the circumstances (using the “mitigation” section of
the SJ response) and ask if the court would be prepared to
follow the above guidance.
He should not mention that he is as annoyed as you are because
the police did not bother to try to contact him other than by
their usual methods. They don’t and that’s that. A kindly Single
Justice may take pity with his plight but at the end of the day
he went abroad for three months knowing that this matter was
still outstanding and did not make any arrangements to have it
handled in his absence.
If the court is not on his side, he will be sentenced in
accordance with the normal guidelines. These suggest a fine of
half a week’s net income (reduced by a third for his guilty
plea), a surcharge of 40% of that fine, prosecution costs of
around £90 and three points.
#Post#: 84402--------------------------------------------------
Re: SJP notice for speeding. Been abroad and missed previous
correspondence.
DIR By: Esutg
Date: August 6, 2025, 6:41 am
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--- Quote from: NewJudge link ---
>
> He has no realistic option but to plead guilty.
>
> There is no way the police would have revived their offer of a
fixed penalty almost five months after the offence. They must
allow the recipient of the offer 28 days to accept it and they
must take court proceedings (the only alternative left to them
if the FP is declined or ignored) within six months of the
offence.
>
> Magistrates have guidance which suggests that in certain
circumstances they should impose a sentence at the level
equivalent to the fixed penalty:
>
> “Where a penalty notice could not be offered or taken up for
reasons unconnected with the offence itself, such as
administrative difficulties outside the control of the offender,
the starting point should be a fine equivalent to the amount of
the penalty and no order of costs should be imposed. The
offender should not be disadvantaged by the unavailability of
the penalty notice in these circumstances.”
>
> Of course the reasons for your father being unable to accept
the fixed penalty were entirely of his own making. All he can do
is to explain the circumstances (using the “mitigation” section
of the SJ response) and ask if the court would be prepared to
follow the above guidance.
>
> He should not mention that he is as annoyed as you are because
the police did not bother to try to contact him other than by
their usual methods. They don’t and that’s that. A kindly Single
Justice may take pity with his plight but at the end of the day
he went abroad for three months knowing that this matter was
still outstanding and did not make any arrangements to have it
handled in his absence.
>
> If the court is not on his side, he will be sentenced in
accordance with the normal guidelines. These suggest a fine of
half a week’s net income (reduced by a third for his guilty
plea), a surcharge of 40% of that fine, prosecution costs of
around £90 and three points.
>
--- End Quote ---
Thank you for the reply. That was very useful and concise.
You suggest adding the guidance text into the section of the SJ
response. Is this from the 'General guideline: overarching
principles' from the Sentencing Council? Just want to make sure
i quote correctly.
I am also thinking of adding the reason for my fathers absence
abroad, which is purely medical, as he was seeking treatment
abroad to deal with an issue he couldn't wait for in the UK. Not
sure whether that could be relevant.
On a separate note, will keep the response factual and avoid
personal views. Though i also wish my father had heeded some
advice earlier, but i guess he is stuck in his old ways at that
age.
#Post#: 84474--------------------------------------------------
Re: SJP notice for speeding. Been abroad and missed previous
correspondence.
DIR By: NewJudge
Date: August 6, 2025, 2:00 pm
---------------------------------------------------------
--- Quote ---
> You suggest adding the guidance text into the section of the
SJ response.
--- End Quote ---
Not really.
There's no need to quote the guidance to the magistrate. They
will be aware of it. Simply ask if consideration could be given
to sentencing at the FP level.
#Post#: 84484--------------------------------------------------
Re: SJP notice for speeding. Been abroad and missed previous
correspondence.
DIR By: ManxTom
Date: August 6, 2025, 2:20 pm
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--- Quote from: NewJudge link ---
>
> [quote]You suggest adding the guidance text into the section
of the SJ response.
--- End Quote ---
Not really.
There's no need to quote the guidance to the magistrate. They
will be aware of it. Simply ask if consideration could be given
to sentencing at the FP level.
[/quote]
I think I've read a magistrate on another motoring offence forum
display apparent ignorance of that guidance. Or at least it
wasn't included in the advice given to the author of the thread
when it seemed eminently applicable to me.
I'd always take a belt and braces approach...
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