Author Topic: single justice procedural notice  (Read 187 times)

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gdog

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single justice procedural notice
« on: June 17, 2024, 10:36:38 pm »
Hi I would very much like some help with my situation if possible on the 04/12/2023 I was caught speeding 44 in a 30 limit  I admitted the offence on the 16/01/2024. I received a fixed penalty fine which I then paid on the 20/02/2024 and gave my licence details. On the 11/05/2024 I received an email stating that I had a refund from MoJ-HMCTS Fixed Penalty Office which I thought was strange and then on the 30/05/2024 I received a single justice procedure notice. My question is what do I do. I've admitted I was guilty and paid the fine and given my licence details so I'm not sure why I have this single justice procedural notice there is no other information on it other than the original offence any help appreciated

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NewJudge

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Re: single justice procedural notice
« Reply #1 on: June 17, 2024, 11:21:42 pm »
It's probably because the police suggest they did not receive your licence details.

You should plead guilty when responding to the SJPN. If you don't want a personal hearing, in the "Mitigation" section you should explain that you complied with the conditions of the fixed penalty (by paying the penalty and submitting your licence details) and respectfully ask the court if they would consider sentencing you at the equivalent to the fixed penalty. They have guidance which suggests they should consider doing so:

"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. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."
 

The Rookie

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Re: single justice procedural notice
« Reply #2 on: June 18, 2024, 08:13:17 am »
To add, if the Police DID get your details and made a hash of processing the FP you have a defence to the speeding charge, but proving* they received them will be difficult unless they admit it (it has happened).

*Proving can be by evidencing posting the reply and them failing to rebut that, but that's a gamble on whether the court accept their assertion they did not.
There are motorists who have been scammed and those who are yet to be scammed!

gdog

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Re: single justice procedural notice
« Reply #3 on: June 18, 2024, 09:47:35 am »
Thank you both for your advice I think I'm best with a guilty pleasure and an explanation in the mitigating circumstances .thank you again for your help I was panicking a tad.