Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: abdal2131 on May 12, 2025, 10:57:25 am
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I attended the hearing today. Got there early and did the deal with the prosecutor. Got 3 points and £140 fine. I mentioned that I submitted a response and did everything I needed to do and they considered my request to keep the fine at £100. Thanks for all the advice and this is a great forum.
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1) Plead Not Guilty to both charges and then offer to plead guilty to the speeding charge if the "Fail to Provide" charge is dropped. I followed this advice so added the plea offer in the reasons. Is this what normally happens or do you what should have happened in a normal scenario as you mentioned in the previous comment.
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I am surprised your case has been listed for a Case Management hearing (CMH).
When you responded to the SJPN did you simply plead Not Guilty to both charges or did you mention anywhere that you would be prepared to plead guilty to speeding if the FtP charge was dropped?
The CMH is to prepare the case for a trial. It identifies the issues in dispute, agrees what witnesses should attend, that sort of thing. Your case should need none of that, When you attend court arrive a bit early and ask to see the prosecutor for your case. Make your offer and hopefully that will cut matters short.
In the unlikely event that your offer is declined you will have to decide whether to defend the FtP charge or not.
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Hi I went for option 1 and I received a case management hearing next month. What will the process be like and what do I need to do and say on the day.
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I just need to know what my next steps should be.
Your next step is to make a decision. You can either:
(1) Plead Not Guilty to both charges and then offer to plead guilty to the speeding charge if the "Fail to Provide" charge is dropped. Or
(2) You can plead Not Guilty to both charges and defend the Fail to Provide charge on the basis that you responded as required. Or
(3) You can simply plead guilty to the Fail to Provide charge.
(without a guilty plea the speeding charge cannot succeed as the police have no evidence that you were driving).
Whatever you decide you must respond to he SJPN in the 21 days allowed. If you do not you will almost certainly be convicted of the FtP charge without your input.
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NIP Letter says that I can respond online and I did. The same section on the letter were visible on the online form. There was an option for me to submit online and I did so I don’t see why there should be an issue with responding online. It’s just that my online submission did not get picked up maybe from that team. They have stated in the SJPN that they didn’t get a response. And as for timelines I never done or received this before so it’s new to me. I followed the due process as I was waiting for an outcome now I’m unfairly been given SJPN. I just need to know what my next steps should be.
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I thought by submitting online it would get sent.
But when nothing arrived for months on end, did you not wonder?
Obviously there must be some issue as they came back and said I had no response. Very annoying because I’ve not ignored the notice and now I’m facing a very unfair SJPN. The screenshot just shows that I’ve submitted the form but doesn’t show the form itself.
We don't know whether you had fully complied. As noted above, some Forces only allow online nomination for another driver. If you still have the paperwork read it carefully to see if it gives any clues...
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I thought by submitting online it would get sent. Obviously there must be some issue as they came back and said I had no response. Very annoying because I’ve not ignored the notice and now I’m facing a very unfair SJPN. The screenshot just shows that I’ve submitted the form but doesn’t show the form itself.
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What do you mean with the sentencing. With a plea would it not just revert to the speeding offence fine and points.
Yes. But the fine would be income-related (less one third for a guilty plea) and subject to a 40% surcharge - certainly a lot more than the £100 fixed penalty. Plus prosecution costs c£90.
The court has discretion to sentence you at the FP level if it thinks it appropriate. There's nothing to be lost by asking (nicely).
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The screenshot just shows thank you, your response was submitted successfully.
So is it just an acknowledgement?
Does it not also show your nomination as the driver?
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What do you mean with the sentencing. With a plea would it not just revert to the speeding offence fine and points.
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60mph on motorway when signs for 50mph was on. If I want to mention about the fact that I believed I submitted do I mention that when I choose not guilty. And for speeding do I need to give a reason so saying not guilty.
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...to just have the 3 points and fine instead of the 6points and larger fine.
What was the alleged speed and limit?
It was myself but the form allowed me to do so and I was able to submit online. It was West Midlands. Just need to figure out how to respond to the SJPN.
If you don't want to explore whether you complied with the s172 request then there's the frequently detailed 'plea bargain'.
But you have to plead not guilty to both offences - assuming the forms do not offer such an option. (Do not be tempted to plead guilty to the underlying offence as you could bag 9+ points - remember it seems like they do not have sufficient evidence as to the driver)
You may well have to attend court to get the prosecutor to agree to dropping the s172. You can indicate you would plead guilty to the speeding if the s172 is dropped.
...then there's the other conversation about the sentencing. You can ask for the court to consider a fixed penalty equivalent (and no costs order) but we don't know whether the criteria have been met for this.
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It was myself but the form allowed me to do so and I was able to submit online. It was West Midlands. Just need to figure out how to respond to the SJPN. I would be happy to just have the 3 points and fine instead of the 6points and larger fine.
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Were you nominating yourself or somebody else?
If you were nominating yourself as the driver most police forces (apparently) require you to do so by returning the paper s172 request physically signed by you. You can't do it online.
Norfolk and suffolk constabulary is the only one I know of that allows somebody to nominate themselves online, but there may be others
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The screenshot just shows thank you, your response was submitted successfully.
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I just have a screenshot of the screen after I submitted.
What does this screenshot show? Did the instructions allow for your nomination electronically? (As opposed to naming an alternative person)
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I have received an SJPN for failing to give information relating to the driver and for exceeding a variable speed limit. I received the NIP last October and responded online however it looks like it didn’t process properly as I have now been given a SJPN notice. Not sure how to respond to notice now as I believed my response went through fine. I just have a screenshot of the screen after I submitted.