Author Topic: Need help! Received a SJP post 6 months of speeding offence but NO NIP received ever.  (Read 1669 times)

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Hi all,

As per house rules I am starting a new thread unique to my case.

I received a SJP this morning for a speeding offence dated 13th October 2024 (doing 43mph in a 30mph) and also for Failing to Provide information (FtP). This is a total shocker as I never received any NIP or other relevant notices/chasers for the speeding offence before receiving SJP today. I honestly consider me as a law abiding citizen and I would never miss actioning on any such notice if I had received one. Moreover I work from home most of the time and it's almost impossible for me to have missed any post if delivered correctly as I check them everyday. So I can safely assume the NIP was never delivered.

The SJP was received today which is after 6 months of the speeding offence date of 13th October 2024 but within 6 months of the FtP offence, as the date in the letter shows I missed to provide the information before 21st November 2024.

I'am the only person who drives the car so likely I did it and it's my first ever speeding offence. I am fine with accepting guilty for speeding offence but I am not ready to accept guilty for FtP charges as I never received.

Address is correct on the V5C log but I had a name change few months ago. I have changed it in my driving license but missed to do the same in my log book(honestly forgot). I have received the SJP in my old name but not sure if this could be the reason for non-delivery of NIP as address is correct and I am aware the police don't sent it on Royal Mail tracking or track & sign, so change of name shouldn't stop a post delivery.

I need help to know what's the best way possible. Should I plead NOT GUILTY for both charges and state I am ready to plead guilty for speeding only if my FtP charges gets dropped. I've learned the FtP charges have larger implication towards my file and insurance.

OR should I plead guilty for Speeding and NOT Guilty for FtP? How will that affect my case?

Appreciate any help on this matter?

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So I can safely assume the NIP was never delivered.
That seems the most likely explanation.  Bizarrely, not all Forces send reminders and may go straight to SJPN (at the 6 month mark!).

The SJP was received today which is after 6 months of the speeding offence date of 13th October 2024 but within 6 months of the FtP offence, as the date in the letter shows I missed to provide the information before 21st November 2024.
The proceedings were likely commenced before the 6 months limit (now being outside the 6 months doesn't then give a defence) - but is actually potentially in your benefit anyway.

I'am the only person who drives the car so likely I did it and it's my first ever speeding offence. I am fine with accepting guilty for speeding offence but I am not ready to accept guilty for FtP charges as I never received.
Assuming it was your car and a location/time your were at, then pleading guilty to the underlying offence is an option.

...so change of name shouldn't stop a post delivery.
Indeed, a name wouldn't impact delivery if the address was correct.

I need help to know what's the best way possible. Should I plead NOT GUILTY for both charges and state I am ready to plead guilty for speeding only if my FtP charges gets dropped. I've learned the FtP charges have larger implication towards my file and insurance.

OR should I plead guilty for Speeding and NOT Guilty for FtP? How will that affect my case?
On the assumption a NIP was sent to you at the correct address then it's difficult for you to show it did not arrive - it's your presumption to rebut.

As you've noted, agreeing to plead guilty to the speeding offence if they drop the s172 offence may give a better outcome that fully defending the lack of delivery.

The usual advice is to maintain not guilty pleas - stating that you would agree to plead guilty to the speeding if they drop the more serious charge.  This may have to be done at court if it progresses as such.
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The devil is often in the detail, and you have mostly avoided managing to post any relevant details.

The date you received the SJPN is all but irrelevant. What matters is the date of the Written Charge and Single Justice Procedure Notice.

Assuming (usual caveat applies) that the underlying allegation concerns your vehicle, the only relevant thing is the address on your V5C (or any changes that the DVLA were processing, variously at the date of the alleged speeding offence or the date (or the day before the date) they looked up the keeper details to send the NIP.

You have told us that the SJPN is in your old name, but have not told us whether the address is correct, or on "the letter" that you mention (presumably a copy of the NIP???).

As it stands, and assuming that none of the details you avoided troubling us with are of any assistance, you cannot be convicted of the speeding (unless you plead guilty to it), but you would be convicted of the s. 172 offence unless you can convince the court that (on the balance of probabilities) the NIP was not delivered.

If you plead not guilty to both, you would have the option of doing a deal with the prosecution (or possibly the court) to drop the s. 172 charge in return for pleading guilty to the speeding. If you plead guilty to the speeding, they might simply drop the s. 172, or they might not - potentially leaving you facing the points and fines for both.

N.B. If you decide to "do the deal", do not mention that the NIP was not delivered - as that would be a defence to the speeding charge and the court would be obliged to disregard any guilty plea.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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Thank you so much for the response. You are so correct the devil is the detail.

Dates from the letter Single Justice Procedure Notice letter
- Charge Date - 10/04/2025
- Posting Date - 17/04/2025

With this they have managed to charge me with just 2 days left before completion of 6 months from the speeding offence. It's the posting date and the date I received the letter which is after 6 months time.

The address on the V5 is correct and it's the same address in which I received my SJPN this morning. They have included a copy of the NIP that they supposedly sent me and it was send to the same address. In simple terms, the address is correct in V5 and I received the SJP but not the NIP. I've checked all over my home, my past posts and with all my neighbours but no sign of the NIP. I genuinely believe it never arrived to my home. I would never turn a blind eye on a police notice.

I live in West Midlands and just also learned through known people in my street that West Midlands forces don't send reminders. They send only NIP and go direct to SJPN if not responded on time. 

The devil is often in the detail, and you have mostly avoided managing to post any relevant details.

The date you received the SJPN is all but irrelevant. What matters is the date of the Written Charge and Single Justice Procedure Notice.

Assuming (usual caveat applies) that the underlying allegation concerns your vehicle, the only relevant thing is the address on your V5C (or any changes that the DVLA were processing, variously at the date of the alleged speeding offence or the date (or the day before the date) they looked up the keeper details to send the NIP.

You have told us that the SJPN is in your old name, but have not told us whether the address is correct, or on "the letter" that you mention (presumably a copy of the NIP???).

As it stands, and assuming that none of the details you avoided troubling us with are of any assistance, you cannot be convicted of the speeding (unless you plead guilty to it), but you would be convicted of the s. 172 offence unless you can convince the court that (on the balance of probabilities) the NIP was not delivered.

If you plead not guilty to both, you would have the option of doing a deal with the prosecution (or possibly the court) to drop the s. 172 charge in return for pleading guilty to the speeding. If you plead guilty to the speeding, they might simply drop the s. 172, or they might not - potentially leaving you facing the points and fines for both.

N.B. If you decide to "do the deal", do not mention that the NIP was not delivered - as that would be a defence to the speeding charge and the court would be obliged to disregard any guilty plea.

On this - what should I do if asked reason for pleading to Not Guilty for s. 172? Can I then provide the reason as NIP was not delivered?

Also on the point of pleading guilty for speeding but not for NIP (and I understand that it can go either way) - What's the chances that they might NOT drop the s.172 charges?


If you plead not guilty to both, you would have the option of doing a deal with the prosecution (or possibly the court) to drop the s. 172 charge in return for pleading guilty to the speeding. If you plead guilty to the speeding, they might simply drop the s. 172, or they might not - potentially leaving you facing the points and fines for both.

N.B. If you decide to "do the deal", do not mention that the NIP was not delivered - as that would be a defence to the speeding charge and the court would be obliged to disregard any guilty plea.
« Last Edit: April 19, 2025, 08:39:03 pm by Kalz15 »

Dropping the FtF charge in favour of a guilty plea to a simple speeding charge is routine. I can't recall a case on here (or previously Pepipoo) where the prosecution has refused to do this.

Quote
On this - what should I do if asked reason for pleading to Not Guilty for s. 172? Can I then provide the reason as NIP was not delivered?

Note what Andy said:

Quote
N.B. If you decide to "do the deal", do not mention that the NIP was not delivered - as that would be a defence to the speeding charge and the court would be obliged to disregard any guilty plea.

Quote
It's the posting date and the date I received the letter which is after 6 months time.

Both of which are irrelevant.

Respond to the SJPN by pleading not guilty to both offences. In the "reasons for pleading not guilty" section say you are willing to plead guilty to the speeding offence on the condition that the "failure to provide driver's details" charge is dropped. This is a common procedure which is well known to all court users (magistrates, their legal advisors and lawyers).

Before the pandemic it was necessary to attend court to negotiate this "deal". When the pandemic hit courts were obviously keen to avoid as many personal attendances as possible and arrangements were made for this deal to be accepted without a court attendance. Many courts have continued with this process so if you make your intentions clear in response to the SJPN you may be saved a trip.

Thanks for your kind response. I believe I need to give reason for Not Guilty separately for both the offences.

For the second offence i.e speeding I will enter as "I will change my plea and admit to the Speeding offence if, and only if, the Fail to Provide Driver Details offence is dropped"

Can you kindly advise what should I enter as reason for the first offence which is FtP aka s172? Can I enter the same as above or leave it blank?

Quote
On this - what should I do if asked reason for pleading to Not Guilty for s. 172? Can I then provide the reason as NIP was not delivered?

Note what Andy said:

Quote
N.B. If you decide to "do the deal", do not mention that the NIP was not delivered - as that would be a defence to the speeding charge and the court would be obliged to disregard any guilty plea.

Quote
It's the posting date and the date I received the letter which is after 6 months time.

Both of which are irrelevant.

Respond to the SJPN by pleading not guilty to both offences. In the "reasons for pleading not guilty" section say you are willing to plead guilty to the speeding offence on the condition that the "failure to provide driver's details" charge is dropped. This is a common procedure which is well known to all court users (magistrates, their legal advisors and lawyers).

Before the pandemic it was necessary to attend court to negotiate this "deal". When the pandemic hit courts were obviously keen to avoid as many personal attendances as possible and arrangements were made for this deal to be accepted without a court attendance. Many courts have continued with this process so if you make your intentions clear in response to the SJPN you may be saved a trip.

Also can someone please advise me what should be expecting as penalty for my speeding offence pleading guilty in court while FtP gets dropped?

Will it be fine money and points on the license? OR will it be only fine? I can understand it can change per case but I am looking to understand what is the common routine here?

Dropping the FtF charge in favour of a guilty plea to a simple speeding charge is routine. I can't recall a case on here (or previously Pepipoo) where the prosecution has refused to do this.

Speeding carries mandatory points (except in circumstances that don’t apply here).

There’s no law that says you have to say why you’re pleading not guilty - it’s your god given right.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Also can someone please advise me what should be expecting as penalty for my speeding offence pleading guilty in court while FtP gets dropped?

Will it be fine money and points on the license? OR will it be only fine? I can understand it can change per case but I am looking to understand what is the common routine here?
43 in a 30 would (in the normal course of court sentencing) be a Band B offence.  That is 4-6 points (so likely 4 or 5) and a fine of 1 week of relevant earnings (Discounted by 33% for a guilty plea), costs (around £85) and surcharge of 40% of the fine.  (Or a short ban up to 28 days but would be extremely unusual for that excess)

However, you ask the court to consider a fixed penalty equivalent sentence (and no costs order).  From the sentencing guidelines, "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".
« Last Edit: April 20, 2025, 08:27:22 pm by JustLoveCars »

Hi all,

I'm back here with my case for some help. After months of waiting, I received a 'Summons to Court' letter today with 20th Aug set as date for me to attend the court. As suggested in the earlier responses, I pleaded not guilty for my speeding and FtP. How should I approach the day in the court as I've never been to a court before and I'm genuinely nervous. What are the do's and don't and what kind of penalty I can expect?

Turn up to court in good time and speak with an Usher (usually the easiest to identify as they normally wear black robes).  Ask to be directed to the Prosecutor.

The Prosecutor will be familiar with the situation in which you find yourself and generally they are quite helpful.  They will tell you what to do but in most courts you can expect to be called in, the Prosecutor will take the lead and explain the situation to the Bench.

You will then have the speeding charge formally put to you by the Clerk (now known as the Legal Advisor) - you plead guilty.

The Prosecutor will then tell the Bench that the other charge is being dropped.  [Technically they can't 'tell' they have to ask but let's not get too hung up on detail]

You can expect a financial penalty of 1 week of relevant earnings (Discounted by 33% for a guilty plea) plus 40% surcharge.  Expect the Prosecutor to also make a costs application of about £85 which the Bench will grant.

As has already been mentioned, 43 in a 30 can attract a disqualification but unless there is some other factor you have not mentioned such as road full of pedestrians, exceptionally busy, near school etc. you should get between 4 and 6 points, probably nearer 4.


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Thanks for your kind response