Author Topic: Missed SJPN Deadline  (Read 271 times)

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Burgundy010165

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Missed SJPN Deadline
« on: November 19, 2024, 07:55:54 pm »
As per subject missed deadline to plead or to provide mitigation by 3 days.
Offence alleged was 55 in a 30 on a dual carriageway.
Is it too late to bother posting?
How best to proceed?
Likely outcome from Magistrate in my absence of a plea?

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ManxTom

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Re: Missed SJPN Deadline
« Reply #1 on: November 19, 2024, 10:06:06 pm »
Why not 'phone the ticket office, explain why you're late and get it sent off ASAP?

Keep a copy and get proof of posting from a post office counter if possible


(Presumably you are naming yourself and can't do it online?)

Southpaw82

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Re: Missed SJPN Deadline
« Reply #2 on: November 19, 2024, 10:13:36 pm »
Why not 'phone the ticket office, explain why you're late and get it sent off ASAP?

(Presumably you are naming yourself and can't do it online?)

It’s an SJPN, so he’s not naming anyone. He’d be better off contacting the court rather than the police.

NewJudge

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Re: Missed SJPN Deadline
« Reply #3 on: November 19, 2024, 10:52:49 pm »
You can try contacting the court to see if they will accept your late plea.

If they won't you will be dealt with in accordance with the usual guidelines which will mean a fine of 1.5 weeks net income, a surcharge of 40% of that fine and costs of around £95.he guidelines also suggest either a ban of up to 56 days or six points. Six points is probably the favourite but if the SJ believes a ban should be considered your case will be adjourned to the normal magistrates' court and you will be invited to attend.

What mitigation were you thinking of offering?

Burgundy010165

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Re: Missed SJPN Deadline
« Reply #4 on: November 20, 2024, 08:57:52 am »
If my net earnings have not been declared on the form as nothing was submitted what figure would the courts use to calculate the fine?
Would the maximum fine be based on uk avg earnings and therefore would the worst case be £1000 plus 6 points or a ban of up to 56 days?
The mitigating factor was what I considered a damaged and dangerously driven Toyota Prius which was driving down the middle of the road, weaving around at about 22-25 mph. I accelerated past before returning to the speed limit.

Freecall

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Re: Missed SJPN Deadline
« Reply #5 on: November 20, 2024, 09:45:04 am »

Would the maximum fine be based on uk avg earnings....


No, a figure of £440 will be used for relevant weekly income.

Where there is no information on which a determination can be made, the court should proceed on the basis of an assumed relevant weekly income of £440.

Where there is some information that tends to suggest a significantly lower or higher income than the recommended £440 default sum (such is where the defendant is known to be in an exceptionally highly paid profession), the court should make a determination based on that information.

NewJudge

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Re: Missed SJPN Deadline
« Reply #6 on: November 20, 2024, 02:28:31 pm »
Quote
Would the maximum fine be based on uk avg earnings and therefore would the worst case be £1000 plus 6 points or a ban of up to 56 days?

The fine would be based on £440pw, as explained above. The maximum fine for speeding (other than on a motorway) is £1,000. With a guilty plea that reduced to £667. That speed will attract either a ban of up o 56 days or six points, regardless of plea.

Quote
The mitigating factor was what I considered a damaged and dangerously driven Toyota Prius which was driving down the middle of the road, weaving around at about 22-25 mph. I accelerated past before returning to the speed limit.

I would not mention that as it actually aggravates the offence. What you are saying is that you noticed a car being driven erratically, weaving across the carriageway. It was in front of you so causing you no danger but nonetheless you decided to overtake it at almost twice the speed limit (thus placing your car in a position where its weaving might cause a high speed collision).

Exceeding the speed limit to avoid danger is rarely justified. In those circumstances the sensible thing to have done would have been to have remained behind it at a safe distance or stopped until it had disappeared.
« Last Edit: November 20, 2024, 02:30:35 pm by NewJudge »

ManxTom

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Re: Missed SJPN Deadline
« Reply #7 on: November 20, 2024, 02:37:59 pm »
Why not 'phone the ticket office, explain why you're late and get it sent off ASAP?

(Presumably you are naming yourself and can't do it online?)

It’s an SJPN, so he’s not naming anyone. He’d be better off contacting the court rather than the police.

Whoops!

I'll get my coat...