3. Single Justice Procedure Notice
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Single Justice Procedure Notice
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Hi Everyone,

I got caught speeding when I went into an average speed camera zone on the M1 missing the first marker, but I got flashed so they must have had a fixed camera on this bridge I went under as well!

I had taken my foot off the accelerator to drop my speed before I hit the first average speed camera (Waze satnav tells you where they are)

So the NIP arrived within 5 days and I admitted the offence which was 1.30am on 06/03/24 and heard nothing back from them until a week or so ago a ‘single justice procedure notice’ arrives dated 04/09/24 which is exactly 6 months after the speeding offence well 5 months, 4 weeks and 1 day!

And say it took 2 days without delays by RM to deliver it, would this make it statute barred as I never received the proceedings letter within the 6 months time frame?

Thanks in advance.
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Re: Single Justice Procedure Notice
« Reply #1 on: »
No. The requirement is to start the court proceedings within 6 months, not to serve the notice. It's quite normal for the latter to take a few weeks.

Sorry!
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Re: Single Justice Procedure Notice
« Reply #2 on: »
Quote from: Stompin on September 14, 2024, 05:52:11 pm
So the NIP arrived within 5 days and I admitted the offence which was 1.30am on 06/03/24 and heard nothing back from them until a week or so ago a ‘single justice procedure notice’ arrives dated 04/09/24 which is exactly 6 months after the speeding offence well 5 months, 4 weeks and 1 day!

And say it took 2 days without delays by RM to deliver it, would this make it statute barred as I never received the proceedings letter within the 6 months time frame?

Yes, absolutely, in much the same way that 2 days short of 6 months is "exactly 6 months" - in other words, well no, not whatsoever.
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Re: Single Justice Procedure Notice
« Reply #3 on: »
Thanks for your replies, I was under the illusion that if I had not received the notice within 6 months then it was statute barred.

So there is no chance I can say I didn't receive the notice until the 8th of September, despite them dating it on the 4th (if it was even posted to me that day). As I work away from home a lot!
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Re: Single Justice Procedure Notice
« Reply #4 on: »
Asking the same question again isn't going to get you a different answer.
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Re: Single Justice Procedure Notice
« Reply #5 on: »
Is there an obvious reason why you weren't offered an awareness course or even a fixed penalty? What was the alleged speed and limit? How many points do you already have? Have you done a course recently?

If you fit the criteria for getting a fixed penalty, but were not offered one, you could ask the SJ to impose the fixed penalty fine of £100 and 3 points. Otherwise you'll be looking at a higher fine and costs and victim surcharge now it's gone to the SJ procedure.

That's all, of course, on the basis that you have no grounds for it being out of time.
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Re: Single Justice Procedure Notice
« Reply #6 on: »
Quote
"So there is no chance I can say I didn't receive the notice until the 8th of September,..."

You can tell lies in court if you wish. That would be foolish enough if it might gain you an advantage. It would be particularly foolish when, as in your circumstances, there is nothing to be gained. It is the date you were charged which must be within six months. When you received the SJPN is irrelevant.
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Re: Single Justice Procedure Notice
« Reply #7 on: »
It's a long story, landed at Luton after a 6-hour flight got to car and left parking place car felt funny pulled up before motorway and front left almost flat with screw showing. Pumped it up over pressured as 3 of the wheel locking nuts could not be removed as tyre guy broke the lock key, so ringing RAC was not going to help.

Hit the motorway and was doing 77mph to get home and entered a 50 average but never noticed the markers and there was a fixed cam on a bridge prior to hitting the first average speed pole cam as it flashed me and I don't recall Waze picking up on that one just the first average zone cam further up.

So I included a letter with the NIP explaining all this, and they wrote back saying it would have to go to court, I've looked it up, and it's a band D I think.

Funny thing is you can do 50mph in a 30 and not hit that band it goes to a band B!

Not got any points, did the A road awareness course 2 years ago for doing 47 in a 40 coming back from Manchester airport lol.
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Re: Single Justice Procedure Notice
« Reply #8 on: »
This is a motoring legal advice forum, not a fairy tale contest.
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Re: Single Justice Procedure Notice
« Reply #9 on: »
I'm no expert but I can't help thinking that writing to the police telling them you were doing 77 in a 50 with a damaged tyre doesn't sound great...
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Re: Single Justice Procedure Notice
« Reply #10 on: »
The speed alleged explains why the matter has been referred to court. In a 50mph limit, fixed penalties are usually offered up to 75mph.

Quote
I've looked it up, and it's a band D I think.

If you are referring to the guideline fine, there is no "Band D" mentioned in the guidelines for speeding. It runs only from A to C. For offences in a 50mph limit, Band A (half a week's net income) covers speeds between 51 and 65mph; Band B (one week's net income) covers 66 to 75mph and Band C (1.5 week's net income) is for speeds of 76mph and above. All fines are reduced by one third for an early guilty plea. You will almost certainly also receive six penalty points. As well as that you will be ordered to pay a "Victim Surcharge" of 40% of the fine and prosecution costs of around £90 (assuming you plead guilty).

It's encouraging that you seem to have moved way from the idea of lying to the court with regards to the date of receipt of your SJPN (which would have served no purpose anyway).
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Re: Single Justice Procedure Notice
« Reply #11 on: »
Quote from: andy_foster on September 15, 2024, 01:46:12 pm
This is a motoring legal advice forum, not a fairy tale contest.

Do you always have to be a knob go ahead and delete my account, thanks for the advice guys I won't be around to continue the fairy tale but appreciate the free advice!
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  3. Single Justice Procedure Notice