3. Given SJPN for speeding - License details not sent in time - Help
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Xmos786

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Given SJPN for speeding - License details not sent in time - Help
« on: July 22, 2024, 11:42:00 pm »
In March 24, I was caught doing 55mph in a 40. After sending my license details and admitting I was the driver, a conditional offer was sent to me in April to accept 3 points and a £100 fine. I sent the £100 fine in June, however it seems I forgot to send the license details again in acceptance of the conditional offer of 3 points as I assumed I'd already sent the details.
A few days ago I was issued with a Single Justice Procedure Notice to plead guilty/not guilty. They also notified me that my initial fine had now been refunded on 14/7. I reached out to the Norfolk constabulary on Thursday (18/7) to ask if the charges could be dropped due to the mitigating circumstances I detailed in the email, and if I could re-send my license details/pay the fine. They have yet to respond.

My question is, is there any point now in pursuing this route in directly contacting the police or is it now too late and now I have no choice but to plead guilty and hope they don't fine me 1 weeks pay/4 points? My job requires me to have an immaculate record so this may have an impact on my job, let alone potentially disqualify me from working in certain countries abroad!
Thanks for your time.
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slapdash

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #1 on: July 23, 2024, 05:45:40 am »
Unfortunately a common error. Many interpret the fact that they have previously given licence details as satisfying a subsequent requirement with a COFP.

There is guidance that is a COFP is not taken up for reasons unconnected with the the offence then sentencing should be at the fixed penalty rate.

It's mentioned frequently so a quick search should easily find the guidance and varied suggested wordings for the request on the SJPN.

Sometimes it works, sometimes it doesn't. If not at 55 in a 40 the usual penalty would be half a weeks wages, +40% victim surcharge +95 costs +3points I believe.

Don't miss deadlines. Asking questions of the force doesn't stop the clock.

https://www.ftla.uk/speeding-and-other-criminal-offences/motoring-offence-advice-please!!/msg30108/#msg30108
« Last Edit: July 23, 2024, 06:03:46 am by slapdash »
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666

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #2 on: July 23, 2024, 06:39:20 am »
Quote from: Xmos786 on July 22, 2024, 11:42:00 pm
a conditional offer was sent to me in April to accept 3 points and a £100 fine. I sent the £100 fine in June, however it seems I forgot to send the license details again in acceptance of the conditional offer of 3 points as I assumed I'd already sent the details.

If that is correct it seems that your response was late, as well as lacking the licence details.
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Xmos786

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #3 on: July 25, 2024, 09:24:39 am »
Quote from: 666 on July 23, 2024, 06:39:20 am
Quote from: Xmos786 on July 22, 2024, 11:42:00 pm
a conditional offer was sent to me in April to accept 3 points and a £100 fine. I sent the £100 fine in June, however it seems I forgot to send the license details again in acceptance of the conditional offer of 3 points as I assumed I'd already sent the details.

If that is correct it seems that your response was late, as well as lacking the licence details.

I was within the time frame for paying off the fine. Their main issue was not getting the license details.
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Xmos786

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #4 on: July 25, 2024, 09:27:01 am »
I got a reply a short while ago:

"Dear Mr ********,

 

Thank you for your communication.

 

Unfortunately we cannot trace receipt of the “PART 2: SUBMISSION OF DRIVING LICENCE DETAILS” form.

 

Once the file has passed to the court our involvement in the matter is ended and cannot be taken back from the court.

 

You do have the opportunity when you enter your plea, to provide any mitigation which would be considered by the magistrate in deciding the penalty.

 

Kind Regards

 

Glen

 

 

Conditional Offer Administrator

Norfolk & Suffolk Constabularies

Central Ticket Office, Criminal Justice Services

PO Box 3293

Norwich NR1 7ET

Tel:  01603 276400   

www.norfolk.police.uk"

This means there's no chance they will drop charges right? That I'll have to go to court? Thanks for your time.
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slapdash

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #5 on: July 25, 2024, 09:49:58 am »
It doesn't necessarily mean you have any actual requirement to attend a physical court.

The single justice would normally deal with it when you return the form and ask to be sentenced as fixed penalty equivalent.

You can request a hearing in front of a magistrate if you feel explaining things in person might help encourage them to follow the guidance from the sentencing council that was referred to.
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Xmos786

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #6 on: July 25, 2024, 09:52:10 am »
Thanks for your reply. Have you ever heard of anyone having their charges dropped and be allowed to still go via the conditional offer process?
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NewJudge

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #7 on: July 25, 2024, 10:46:58 am »
Quote from: Xmos786 on July 25, 2024, 09:52:10 am
Thanks for your reply. Have you ever heard of anyone having their charges dropped and be allowed to still go via the conditional offer process?
Generally, no. As the fixed penalty office has said, once court proceedings begin they must be followed through. Apart from anything else, by the time an SJPN is issued it is usually beyond the point where the ticket office will muck about any further (prosecution must begin within six months of the date of the offence). This is probably true in your case but it doesn't really matter because they will not usually withdraw court action anyway.

There is one case on here (which I believe is still not concluded) where the accused was sent a second Conditional Offer. It's a long thread but here it is if you want to read it:

https://www.ftla.uk/speeding-and-other-criminal-offences/sjpn-to-be-received/

It got very confusing and seemingly out of control, and he was eventually served with a Single Justice Procedure Notice anyway. Though not really the same as your circumstances, it is an illustration of the complications which can occur and why withdrawing court action is not likely to happen.
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BertB

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #8 on: July 25, 2024, 10:52:11 am »
Generally not. There is an active case on here where a COFP was re-issued as it was just within the 6 months time frame, however in that case the COFP would have timed out and the force concerned are now saying it was provided for reference. Probably having realised their error. But in answer to your question, it isn't unheard of, no.

https://www.ftla.uk/speeding-and-other-criminal-offences/sjpn-to-be-received/

It starts from the bottom of page one.

Edit: What NewJudge said
« Last Edit: July 25, 2024, 10:54:05 am by BertB »
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The Rookie

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Re: Given SJPN for speeding - License details not sent in time - Help
« Reply #9 on: July 25, 2024, 11:54:06 am »
Quote from: BertB on July 25, 2024, 10:52:11 am
Generally not. There is an active case on here where a COFP was re-issued as it was just within the 6 months time frame, however in that case the COFP would have timed out and the force concerned are now saying it was provided for reference. Probably having realised their error. But in answer to your question, it isn't unheard of, no.
Also noting there is a big question mark there over the Police declining to process the first CoFP was lawful or not, so there is a suggestion they are trying to dig themselves out of that by brow beating the poster into accepting a second one.
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