3. 37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.
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37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.
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New here (I guess this is how everyone starts.)

NIP was issued for doing 37 in a 30 zone to RK (I am the RK).  I confirmed I was the driver.

COFP was sent to me.  On filling this out - I was mortified to find my license had expired (see why below.)

I paid the FP, and I submitted details of my expired license either way.  Three months later I received a "Witness Statement" - they note that: I "paid the FP, but as the license details showed as expired they could not be electronically endorsed and a refund was requested."

As a result of not satisfying the requirement for FPO within the timeframe, they issued me with SJN.

The SJN says this:
Charged with the offence of speeding - exceed 30 mph on a restricted road.  With details of the offence.


I will add that:  I received a new license just yesterday - valid and clean following several months of tests and messaging - it is valid for 3 years from that day.


What should my next steps be please?  I have a few more weeks in which to respond to the SJN.  What can I expect to happen?

Many Thanks for your time!


Details why my license was expired:
On looking closely - my license was issued with a 3 month validity after I turned 70 a few years prior.  This 3-month valid license was issued after my eye test results [something that doesn't make sense to me till I read more into it] - it's something I completely overlooked because my standard expectation was that I receive a license with a few years validity, not a few months.  I also didn't look at the license details short of the name/address validity (completely my fault here!)

We're talking the "covid" years.  It was during these few covid months that I was also hospitalised with Covid myself.  I also lost a few close-medics to this - I am a doctor/GP.  Needless to say - the license played a backburner to what had happened.  Again - totally admit I should've been more vigilant and knowing about these details!

It was such a shock that I'd assumed I did have a valid license and that maybe I'd misplaced it - so I submitted my license as is...
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Re: 37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.
« Reply #1 on: »
You will need to plead guilty to the SJPN.

In the "mitigation" section you can explain that your licence expired and ask if the court would sentence you at the fixed penalty level (£100 and 3 points). There is guidance which suggests this may be done in some circumstances:

"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."

These were administrative difficulties but of course they were of your making so the court may not accede to your request, but a kindly Single Justice may take pity on you if you ask nicely. If they don't you will be sentenced in accordance with the normal guidelines. This will see a fine of half a week's net income (reduced by a third for your guilty plea), a "victim surcharge" of 40% of that fine, around £90 costs and three points.

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I have a few more weeks in which to respond to the SJN.

You cannot have too many more weeks as you must respond within 21 days.
« Last Edit: July 18, 2025, 05:50:47 pm by NewJudge »
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Re: 37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.
« Reply #2 on: »
Thankyou

Should I give details as above about the expired license?   Or just say that it was "administrative issues"?


I have the following letter:
Name, etc...

To the Clerk of the Court 
[Court Name] , details,etc

Subject: Apology for Late Submission of Driving Licence Details & Acceptance of Guilt 

Dear Sir/Madam, 

I am writing to sincerely apologise for failing to provide my driving licence details within the required timeframe in relation to the speeding offence on [date of offence] at [location]. I fully accept responsibility for this oversight and for exceeding the speed limit on a restricted road. 

I understand the importance of complying with court requests promptly, and I deeply regret any inconvenience caused by my delay. Unfortunately, due to personal circumstances and administrative errors, I did not submit the requested documents on time. I assure you that this was not intentional, and I have since taken steps to ensure such an oversight does not happen again. 

Furthermore, I fully acknowledge my guilt in driving above the speed limit and sincerely apologise for this offence. I recognise the dangers of speeding and the importance of adhering to road safety laws. I have reflected on my actions and will ensure strict compliance with speed limits in the future. 

I kindly request the court’s leniency in considering my apology and acceptance of guilt. Please let me know if any further information or action is required from my side. 

Thank you for your time and understanding. 

Yours faithfully, 

Name...
[Driving Licence Number] 
[Case Reference Number]
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Re: 37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.
« Reply #3 on: »
Far too long, I'm afraid. Single Justices deal with a large number of cases in a sitting and there is a danger that too long a response will see the important points lost in the noise.

The salient points are that you were offered a fixed penalty and could not accept it because your licence had expired.

Simply say that your licence had expired because of your oversight. Although you renewed it as soon as it had been pointed out, it meant you could not comply with the requirements of the fixed penalty. Then go on to say that although this was entirely your fault, would the court kindly consider sentencing you at a level  equivalent to the fixed penalty.

That should fit into the "mitigation" section of your response to the SJPN.
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Re: 37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.
« Reply #4 on: »
Remember too there is a section <something> exemption that allows one to continue driving after the licence  has expired as long as the DVLA is in possession of the renewal application and the person is fit to drive. I can't remember the section number. I drove under this exemption for the best part of 11 months last year while the DVLA dithered over my medical situation. My licence expired in March last year, I got the new one in January this year! I am over 70 and a bus driver, so I need an annual medical.

The magistrates ought to treat this as a FPN issue.

Edited to add Section 88 exemption, details here:https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf
« Last Edit: July 24, 2025, 10:01:45 am by roythebus »
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Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.
Re: 37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.
« Reply #5 on: »
Quote
The magistrates ought to treat this as a FPN issue.

I think "ought to" is a bit too strong, Roy.

The reason this has gone to court is because the fixed penalty could not be complied with because the OP did not have a valid licence. The fact that he could continue driving under s88 does not alter that.

That situation arose because of his oversight and a polite request might see the desired result if it comes before a sympathetic SJ.

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Re: 37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.
« Reply #6 on: »
Gotcha, it's unusual for someone to be issued with a 3 month licence.
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Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.
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  3. 37 in 30 - on receiving NIP saw that my driving license had expired - SJPN issued.