Author Topic: Payed NIP and now receiveng a Single Justice Procedure Notice  (Read 266 times)

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daisy

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Payed NIP and now receiveng a Single Justice Procedure Notice
« on: September 22, 2024, 04:44:10 pm »
Hello everyone,

On 30th March, I received an NIP, which I filled in and sent back.
Following that, on 23rd April, I received a Conditional Offer of Fixed Penalty. I made the payment in a week and thought I was done with it. To my surprise, a new letter came through the post today. It is the Single Justice Procedure Notice.
I am confused now. Why am I receiving it? The conditional offer letter states that if I don't wish to contest the matter in court, a deal is possible - a fixed penalty and the endorsement of 3 penalty points. I have taken the deal and made the payment on time.
I have attached all three letters.
What is happening now?
Thanks.

https://imgur.com/dsJE6Ge

https://imgur.com/SRyq5Yw

https://imgur.com/WDpj6UM

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tonys

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #1 on: September 22, 2024, 05:07:44 pm »
Did you follow all the instructions on the subsequent pages of the fixed penalty offer? We've seen a few where people paid but didn’t submit their licence details when taking up the fixed penalty.

NewJudge

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #2 on: September 22, 2024, 05:19:10 pm »
You haven't shown us the back page of the Fixed Penalty Offer, but I suspect that Step 2 of the instructions tells you to submit your driving licence details as well as paying £100. Did you do that?

Either that or, if you did submit them, the police say they did not receive them. That will probably be the reason why you have been prosecuted.

You have two choices:

You can plead guilty to the charge and in the "mitigation" section of your response, explain that you failed to send your licence details (if you did fail) or explain that you did and they must have not been received. As a result, ask the court if they would sentence you at the fixed penalty equivalent (there is guidance that suggests this might be done if the court thinks fit).

Or, if you definitely did send your details, you can plead not guilty and defend the charge using s76(2) of the Road Traffic Offenders' Act. This says that no proceedings shall be taken against a defendant who has complied with the requirements of a Conditional Offer of a Fixed Penalty. Before you consider this option, it would be a good idea to check that you can prove you submitted your details.
« Last Edit: September 22, 2024, 05:21:12 pm by NewJudge »

daisy

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #3 on: September 22, 2024, 05:29:40 pm »
Did you follow all the instructions on the subsequent pages of the fixed penalty offer? We've seen a few where people paid but didn’t submit their licence details when taking up the fixed penalty.


Yes, I have. The Single Justice Procedure Notice has a copy of my statement sent on 02.04.2024.

daisy

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #4 on: September 22, 2024, 05:35:21 pm »
You haven't shown us the back page of the Fixed Penalty Offer, but I suspect that Step 2 of the instructions tells you to submit your driving licence details as well as paying £100. Did you do that?

Either that or, if you did submit them, the police say they did not receive them. That will probably be the reason why you have been prosecuted.

You have two choices:

You can plead guilty to the charge and in the "mitigation" section of your response, explain that you failed to send your licence details (if you did fail) or explain that you did and they must have not been received. As a result, ask the court if they would sentence you at the fixed penalty equivalent (there is guidance that suggests this might be done if the court thinks fit).

Or, if you definitely did send your details, you can plead not guilty and defend the charge using s76(2) of the Road Traffic Offenders' Act. This says that no proceedings shall be taken against a defendant who has complied with the requirements of a Conditional Offer of a Fixed Penalty. Before you consider this option, it would be a good idea to check that you can prove you submitted your details.

Yes, I have. I copy of it is attached to the most recent letter. I guess this is what we are talking about:

https://imgur.com/a/Q7ftriV
« Last Edit: September 22, 2024, 06:21:37 pm by daisy »

NewJudge

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #5 on: September 22, 2024, 05:45:08 pm »
No, that is not what we're talking about. That is the "request for driver's details". That is asking you to tell he police who was driving and comes before the offer of a fixed penalty.

The second document of the three you first posted up is that offer. On the back it tells you what you need to do to accept the offer, and among that will be an instruction to submit your driving licence details (again). If you did not do that you did not comply with the conditions of the offer and that is why you have seen court action.

If that is the case, the first of my two suggestions is the one to follow.

You might like to take that document down and redact it as it shows personal details at the top.

andy_foster

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #6 on: September 22, 2024, 05:46:13 pm »
Has anyone got any spare crayons. I'm going to need lots of them.

You received an SJPN on 23/04/2024.  For some reason known only to yourself, you decided that it would be helpful to upload a scan of the first page, but not the second. Perhaps you were not aware that notices can have more writing on the back. This would explain a lot. The second page would invariably have included instructions to provide identification details to the Fixed Penalty Clerk - although the police seem to like to call it something else - basically name, date of birth and licence no. (if UK licence holder) - although your licence number incorporates your date of birth, so arguably that is not a separate requirement.

You apparently have proof that you provided the required information on 02/04/2024. That is 3 weeks before you received the COFP. I suspect that your proof is somewhat less compelling than you might otherwise have thought.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

daisy

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #7 on: September 22, 2024, 07:48:26 pm »
Has anyone got any spare crayons. I'm going to need lots of them.

You received an SJPN on 23/04/2024.  For some reason known only to yourself, you decided that it would be helpful to upload a scan of the first page, but not the second. Perhaps you were not aware that notices can have more writing on the back. This would explain a lot. The second page would invariably have included instructions to provide identification details to the Fixed Penalty Clerk - although the police seem to like to call it something else - basically name, date of birth and licence no. (if UK licence holder) - although your licence number incorporates your date of birth, so arguably that is not a separate requirement.

You apparently have proof that you provided the required information on 02/04/2024. That is 3 weeks before you received the COFP. I suspect that your proof is somewhat less compelling than you might otherwise have thought.

I am sorry for not posting the second page.

https://imgur.com/a/wEvRgHC

NewJudge

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #8 on: September 22, 2024, 08:01:18 pm »
So did you submit your driving licence details as instructed?

daisy

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #9 on: September 22, 2024, 09:32:37 pm »
Yes, I have, only once, just as it states: "within the limits provided within your fixed penalty notice", a.k. 02. 04.2024.

daisy

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #10 on: September 22, 2024, 09:41:07 pm »
Is this what we are talking about?

I just found it....

https://imgur.com/jT0aLYo

NewJudge

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #11 on: September 22, 2024, 10:00:54 pm »
So did you fill it in and send it off?

daisy

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #12 on: September 22, 2024, 10:13:20 pm »
Unfortunately not. I am just seeing it  :'(

NewJudge

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #13 on: September 22, 2024, 10:26:31 pm »
Unfortunately not. I am just seeing it  :'(

Then it's the first of the two options I mentioned in my reply #2.

daisy

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Re: Payed NIP and now receiveng a Single Justice Procedure Notice
« Reply #14 on: September 22, 2024, 10:32:07 pm »
Okay, thanks.