Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: snam2 on June 15, 2024, 01:03:30 pm
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1/ If you definitely did comply with the requirements then you have a defence to the charge, the problem is though that the requirement is to provide the details not merely 'send' them, as such if they didn't arrive for some reason you would be guilty.
2/ You should explain and request you are sentenced at the fixed penalty tariff in line with guidance from the sentencing council, no need to go to court for that but you do have to spell it out as many justices don't fully grasp/are unfamiliar with the guidance.
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.
Note that the guidance is IMO badly worded as "outside the control of the offender" adds an extra dimension in the 'example' compared to the core guidance of "reasons unconnected with the offence", not sending (or incorrectly sending) licence details falls within the remit of the core guidance as a reason unconnected with the offence.
From https://www.sentencingcouncil.org.uk/droppable/item/penalty-notices/
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speeds in post above.
Please guilty and go to court is an option listen on one of the SJP's. probably worth pointing out that the two consecutive offences 2 minutes apart are actually on a single SJP.
if I plead guilty, write a letter explaining etc, or go to court and explain am I likely to get more points?
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Pleading not guilty to the speeding offences would require you have a viable defence. Not only could the points be higher (no idea since you haven't given any details on the speed/limits) the fine will be higher and court costs and victim surcharge will add to this.
You could plead guilty but still as to have the cases heard in court. You could then request that you are sentenced at the fixed penalty level.
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I thought I had sent all the license details off correctly, but obviously I have done something wrong or something has gone wrong their end.
The SJP's all say I paid the fine and accepted the NIP
speeds were 2x80 in a 70 and 1x90 in a 70, all 3 were offered 3 points.
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What were the speeds and limits for each offence?
Did you send the licence details off as directed? There is a different address to send them off to that isn't the police normally, and the licence details go to the courts
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In the space of a week I got 3 speeding tickets NIPS through the post. 2 of the offences were 2 minutes apart from each other and the other a week later.
I filled in all the correct paperwork, filled in the forms and paid the fines.
I then received an SJP for the 2 consecutive offences saying I had not provided details for the license to be endorsed.
I then, a couple of days later received another SJP from the other police force also saying I did not provide the correct details, despite them sending a reminder and me also filling that in and sending it off.
I currently have a clean license and was offered 3 points for each offence which would take me to 9.
I now need to decide whether to plead guilty, to the actual offences or plead not guilty and go to court. I am not worried about extra fines but I am worried they could give me more points and take me up to 12. Any advice greatly appreciated.