Is that process even legal ? If it is, then technically the Met Police doesn't have to send any conditional offer even to motorists when they exceed the speed limits, and they could just charge 2.5x what they would charge normally ?
An organized racket scheme ?
Correct. The Met do not have to send out a COFP to anyone. It is a system to enable the fast processing of motorists that meet the criteria to be offered one and are willing to accept guilt.
They could just send all of them to SJPN, albeit quickly overwhelming the system I would suspect.
Looking at the time line in your case, I would say more of a disorganised racket if anything.
Obviously there is another cunning way to beat the system.
I wouldn't pop up here flag waving for a self serving **** like AGT. If you said the sky was blue he would insist that you didn't know what you were talking about and only he could properly advise on what colour the sky was.
Edit: Actually, just looking through your post history. Hi Andrew!
I don't get how/why a bench would think that/be skeptical? Maybe I'm new to this, but why would someone not respond? Surely eventually catches up?
The level of legal advice people get from the man in the pub is not great. The 'claim you never got the forms and they can't do you mate' one is one of them.
While I'm not suggesting that this was your approach, a bench would have seen a variety of defences and therefore cannot act on a claim of didn't receive the paperwork alone without some sort of compelling proof or testimony. And as NJ says, how do you prove a negative?
Are there copies of the original NIPs within the SJPN pack?
I think what people are trying to establish is whether the details on your V5C are correct in order for the NIP to have had a chance of reaching you. You say you have had notices before, were they to your current address?
The problem you have have is knowing probably doesn't help you much. If the address is wrong on your V5, this is your fault and therefore you have contributed to the non-serving of the NIP.
If it is correct then you will have to prove that neither notices and possibly a couple of reminders were received, however the SJPN was.
A sceptical bench may ask if someone on 9 points may have an ulterior motive to claim no receipt. What may help is your claim is that you were not driving the vehicle at the time and therefore it was in your interests to have replied to both. But again without proof it will be decided if your defence was credible, if that was the angle you were going to run with.
Based on your knowledge and experience - what do you think the likelihood is that, me losing my job due to genuinely no alternative transport options, would be considered exceptional hardship?
As mentioned, losing your job on its own is not necessarily considered to be exceptional, however
I work shifts with irregular hours with special needs children, and there's no public transport
This could have a bit more mileage in it. Can you expand on this? Does your wife drive? Work? Do you need to ferry the kids about to and from appointments during the day?
At the risk of repeating myself then. To almost certainly see a COFP (fixed Penalty Offer) for the first offence of 44mph in a 30 limit, I would return this form on its own in the first instance, naming yourself as driver. This would ensure that a COFP can be issued giving you time to respond and accept points/fine.
If you delay on this, it is possible that they may decide a time out is possible and will issue a SJPN instead. You could ask them to apply sentence at the same level as a fixed penalty, but there is no guarantee they will adhere to this meaning 4/5 points and larger fine/costs instead of 3pts & £100.
For the second offence of 50mph, it will be heading to SJPN anyway so no need to rush. Normally it wouldn't matter in delaying, but given the offence was end of November, if you wait the allowed time available and return the form so as to reach them on day 28 it often takes some time to process a SJPN. There are few to no guarantees, but it does slightly widen the possibility of a time out in your favour.
Now you've confused me. You say in your OP that you received an NIPs dated 19/02. What are you going to pay and to who?
The incorrect spelling of the name is irrelevant. No one is going to able to convince a bench that Rechard Smith of 28 Acacia Avenue is not Richard Smith of 28 Acacia Avenue.
Which of the two dates does the 44/30 applies to. Is it the October offence or November?
If you were to return the forms giving the name of the driver, the 44/30 would be issued a COFP for £100 & 3 points. If this was the earlier offence then time is not your friend to receive this. If the 50/30 is the earlier offence, I would delay returning the details for the full time allowable and see how switched on the CTO are in issuing a SJPN with the time period.
Have we got a link to this video? Generally I work on the basis that everything on the internet is bollox unless a) I know it is coming from a reputable site/source and b) it is proven otherwise.
You have been given advice here as to what the expected outcome will be by knowledgeable and in some cases qualified people. If you want to believe ex-coppers and randoms on the internet, who as already stated are talking out of their hoop, you will just wind yourself up before closure.
Have you returned the completed NIPs yet? For the earlier October offence (assuming its the 44mph case), the CTO will need to get an Conditional offer out to you which gives them time to allow you 28 days to respond and also not exceed the 6 month cut-off to prosecute. If you delay it for the full 28 days before replying, you risk this one ending up in the SJP lap as well, meaning higher fine and possibly more points also.
Alternatively you could see if they are switched off enough to offer you a COFP where the 28 days to reply would take you past the 6 months...
Obviously if the October offence is 50/30 forget everything.
Full story in spoiler. It is from the Daily Fail so I won't make you click a link to read it
I'm aware that when the speed is vastly outside of the sentencing guidelines then mags have the discretion to order a longer ban, I just don't think I have come across one enforced as such before.
I also noted in the article it says he pled guilty to both charges and the CPS dropped the FtF charge on the back of his guilty plea to speeding. However given the source I'm not sure how accurate that is, but the recommendation is usually NG to both...