Free Traffic Legal Advice

Hi folks,

Looking for some advice on my legal matter please.

In May 2023 I received a fixed penalty notice from the Met Police of £100 for driving 34 mph in a 20 mph speed limit in South London. I paid the £100 fine and returned my driving licence details in the form provided by post within the time limits of the fixed penalty offer and considered the matter closed.

in Sep 2023 I received a SJP asking me to make a plea of guilty or not guilty to the same speeding offence that I had been sent the fixed penalty offer for in May. I returned the SJP, pleading guilty to the speeding offence, as I was guilty of speeding, and explained that I had already fully complied with the fixed penalty offer in May and asking for an explanation on why I had been issued with the SJP. I was refunded the £100 fixed penalty at end of Sep and on 10th Oct 2023 I received a fine collection order informing me that I had been fined £1,000, £400 victim support surcharge, and £90 costs, OUCH!

After several months corresponding with the Magistrates Courts involved, enforcement agency and making a Statutory Declaration that I was later informed I was not eligible for, I have finally received an explanation from the prosecuting Courts' Admin office after 8 months on the reason why a SJP was issued against me. That is, the Police claim that they did not receive the details of my driving licence and as a result they proceeded with the SJP. Unfortunately, I do not have a copy of the form where I entered my driving licence details and posted to the return address.

What recourse do I have to have my case reopened on the grounds that a SJP should never been issued as I had fully complied the fixed penalty offer by paying the £100 penalty and providing my driving licence details within the time limits of the offer? Does the onus fall to me to provide proof that the driving licence form was returned?  I understand that there is guidance that the Court can follow in such cases 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.

Any useful advice on this matter would be appreciated as I am keen to understand how best to proceed and seek closure to a situation that was beyond my control.

Regards,

Seeking Justice

Apart from anything else, £1,000 is the maximum fine for speeding and at the very least you should have been granted a one third discount for a guilty plea, regardless of your income.

An appeal to the Crown Court must have been lodged within 21 days of your conviction so that's out. As Rookie says, a Section 142 request is the only way to go but whether the court will agree to reopening in view of the time lapse is hard to say. One thing you must ensure is that your request to reopen should be heard by the court (i.e. before Magistrates). Admin staff sometimes take it on themselves to deny requests based on criteria which they make up as and when. You must reject any such denial and insist on a hearing in court. There is no statutory time limit to make a s142 request and whether or not to agree to reopening "in the interests of justice" is entirely a judicial decision which must be taken by Magistrates.

Then you must explain all of this when you make your application under s142. You being advised to submit a stat dec is somewhat typical, I am afraid, of admin staff giving incorrect advice. As you probably now know, a stat dec is only appropriate when you have been convicted under proceedings of which you were unaware. You were aware of the proceedings against you - in fact you responded to the SJPN with your guilty plea.

I would suggest you write to "The Clerk to the Justices" at the court where you were convicted. Actually that title was, I believe, abolished in 2018 but nobody really seems to know the job title which replaced it so your letter will certainly find its way to the right desk.

As I said, be prepared for a struggle to get your application heard.

To gain a sympathetic audience your application ideally needed to lay out WHY (legal reasons, such as the sentencing guidance for cases like yours) it is in the interest of justice to reopen the case.
Apart from anything else a £1000 fine seems to be just wrong unless you have a huge salary or ticked the box on MC100 incorrect as pay per…..

I'm considered a relatively high earner, in the 40% tax bracket. I provided full transparency on my earnings in the submitted SJP guilty plea. This is the reason the Court admin gave on why the fine was so high when I questioned why I had received the maximum fine for a relatively minor speeding offence (band B) with no prior endorsements on my licence.

Nevertheless, based on the advice given above, I will be bringing up the fact that I should have been entitled to a 33% reduction in fine as I had plead guilty to the SP30 offence in the SJP as a further argument on why my case should be reopened in the interests of justice. 

https://www.sentencingcouncil.org.uk/fine-calculator/

Op might find the above useful (which gives the result NewJudge mentions).

They are getting mixed up with the NIP.

Or, are they getting mixed up with the NIP procedure, which I was issued in the first place, and complied with which resulted in the Fixed Penalty offer being made?

As above, yes they are getting mixed up. Unfortunately another manifestation of admin staff who are not legally qualified providing advice.