Free Traffic Legal Advice

Hi all,

Quick update. Today received a 'Summons on Referral to Court' stating that a magistrate has decided the case should be referred to a full hearing and it provides a date and time.

The reason stated for the hearing is stated as 'Case management hearing (deft to attend)'.

As a litigant in person is there anything I need to prepare before the hearing?

Should I submit evidence at this stage with the SJP pack? Or just state what evidence I intend to rely on and my argument?

Have you checked your licence online? Are the points from the fixed penalty currently showing?

N.B. This does not directly affect your defence, but it would be prudent to understand whether they have completely f**ked up, or only partially. In other words, have they completed the fixed penalty process and then for no apparent reason decided to prosecute you for the speeding offence, or have they failed to endorse your licence for no apparent reason and then decided to prosecute you because they did not complete their process?

Thanks, have just checked and there are no points on my licence, so it appears to be the latter option.

This is provided by s76 of the Road Traffic Offenders Act:

https://www.legislation.gov.uk/ukpga/1988/53/section/76

76 Effect of offer and payment of penalty.

(1)This section applies where a conditional offer has been issued to a person under section 75 of this Act.
(2)Where the alleged offender has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)], no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.

(Sub section 3 relates to the situation where the driver is liable to a "totting up" ban).

Of course, the issue in your case will be whether the court accepts that you complied with the conditions of the offer. However, you seem to have a better case than most.

That's amazing, thank you! I'll plead Not Guilty and build an argument around this.

Hi all,

I was caught speeding in October. Named myself and received a conditional offer of 3 points and a small fine. Paid the fine bed and sent the paperwork back.'Part 2: Submission of Driver License Details'.

I've recently received a notice to say I’m being charged under single justice procedures as I didn’t return the form. I am only being charged with the speeding offence.

I have Delivery Proof of Delivery for the returned Part 2 form. I also have the original form as it was returned to me stamped 'Paid and Endorsed' along with the date and initials of the person who did it.

I called the local traffic bureau to explain that I believed there was an administrative error. They recommended I completed the SJP forms and add the situation as mitigating evidence, along with a copy of the stamped Part 2. They informed me that my license had not been endorsed.

Does this sound the correct approach? Assuming it is, would the below be appropriate:

I received the above referenced Notice of Intended Prosecution, paid and returned the 'Part 2: Submission of Driver License Details' within the correct time limits.

The form was returned Special Delivery, tracking reference number XXXXXXXXXXXXX. It was sent on 16 October 23 and Royal Mail Proof provided proof of delivery at 10:50 on 17 October 23.

I subsequently received the 'Part 2: Submission of Driver License Details' returned by post. Notably the form is stamped "Paid and Endorsed 23 Oct 2023" and initialed MA.

When I received the Single Justice Procedure  pack I emailed N Yorks Police Traffic Bureau to the above effect. I received a reply 'XXXX' Collar number XXXX stating that I should submit the forms and note the above under mitigating circumstances.

Please find enclosed supporting evidence:

1) A copy of the Part 2 form that was returned to me

2) Proof of Delivery from Royal Mail

3) A copy of the correspondence with the Traffic Bureau

Due to the above I believe I have complied with the original fixed penalty offer, and sent the response back to the police. I would like to refer you to the Sentencing Council Guidelines on fixed penalties, that "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."

I have attempted to comply with the fixed penalty, however due to issues outside of my control, this has not been taken up. I would therefore like to request a fixed penalty equivalent sentence to dispose of this matter.

Any advice appreciated!