3. URENT SJP response needed by 04th Feb
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URENT SJP response needed by 04th Feb
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Hello all,

Please forgive me for expressing just how urgent this is but it honestly is.

My partner received an NIP for an offence on the 29th July 24. (58 in a 50 temporary restriction).
She didn't receive the first notification (shared letterbox) but received the reminder.

The reminder was responded to on the 15th September naming herself as the driver.

Nothing was heard for some time.

She has now received an SJP.

She had asked me to help her compile a guilty plea but with mitigation that the original offer was not received.

My issue here is (I have only just seen this SJP).

Page 1 of the SJP states that you should "read the charge sheet on page 2".

My issue is that on page 2 there are blanks where it states.
Number
Offence
Wording

And also charge date.

Her initial thoughts were to go guilty and beg under her mitigation however what would be the advice?

My initial thoughts are that she cannot plea eitherway as there is no charge within the documentation.




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Re: URENT SJP response needed by 04th Feb
« Reply #1 on: »
Does the SJPN or attached bundle say anything about what is purported to have happened?

The fact that page 2 doesn't list any charges, or that page 4 is printed in MS Comic Sans on purple paper, on their own are of limited relevance.

Also have you (or her) tried logging on to make a plea online to see if that lists any charges?
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Re: URENT SJP response needed by 04th Feb
« Reply #2 on: »
My first question would be whether a written charge (which is the document that starts the prosecution) has been issued? Noting that a written charge without any charges is unlikely to be a written charge.

My second question would be, if a written charge has been issued, has it been served on the defendant as required by law?
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Re: URENT SJP response needed by 04th Feb
« Reply #3 on: »
That would be my second question and a curiosity - taking the word "question" in the wider sense, as opposed to pose to the OP.

If the putative charge is only speeding, then if it is fatally defective it cannot [lawfully] be rectified.
If the response to the reminder NIP/s. 172 was not received or otherwise deemed to be inadequate, and there was an s. 172 charge, the time limit to instigate proceedings for that charge would be roughly 4-6 weeks after the speeding would have timed out.

At the risk of generalising, but knowing the propensity of many OPs to seek for advice on very narrow perceived potential loopholes whilst spoon-feeding us slightly less than they think we might need to answer the question, I am wary of diving headlong down any given rabbit hole before I am confident that we have ascertained the relevant facts.

We have also seen numerous OPs swear blind that the only charge was speeding (despite not having named the driver) only to find a second charge on a separate sheet.
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Re: URENT SJP response needed by 04th Feb
« Reply #4 on: »
Thank you both for your replies.

In order to further explain...

Original NIP no received
Reminder replied to via special delivery (within the required time frame). Signed for 18th Dec.

Nothing heard until SJP received 14th Jan.

Reading further through the pack there is a witness statement. This statement allows us to assume that the SJP is for the original Speeding offence.

The statement, reading through states...

"a conditional offer was sent 24/9/24".

This offer was not received.

The witness statement also states "the driver / rider did not satisfy the requirements of the FPN within a specified time, as a result the FPN offer has been withdrawn".

Moot issue but this witness statement has no 'signature witnessed by' signature.

It's believed that this SJP is due to no response given to the FPN as it was not received by my partner.

Going online to log the SJP reply shows the original offence 1 of 1, exceeding a limit in contravention of a local traffic order.


The issue now is,

As there are no charges on the paperwork an no reference to any aside from the witness statement) how to plead? What is the offence the plea is for.

Secondly, going online shows the original speeding offence details but how to complete this (suspect guilty but with mitigation).
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Re: URENT SJP response needed by 04th Feb
« Reply #5 on: »
Quote from: Southpaw82 on February 02, 2025, 09:58:38 pm
My first question would be whether a written charge (which is the document that starts the prosecution) has been issued? Noting that a written charge without any charges is unlikely to be a written charge.

My second question would be, if a written charge has been issued, has it been served on the defendant as required by law?

As it is over 6 months since the speeding offence and as it appears that the s172 request was replied to, isn't it worth the OP contacting the Met to find out what was on the written charge?
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