Author Topic: SJP despite paying FPN. "Failed to provide licence details".  (Read 1149 times)

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SJP despite paying FPN. "Failed to provide licence details".
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First off, thanks for running this site. Helpful to learn from others.

On August 15, I was caught driving 26 MPH in a 20 MPH speed limit. Received NIP in early September. Charges were contrary sections 84 and 89(1) of RTRA 1984, and Schedule 2 of RTOA 1988.

Completed sections 1, 2, and 5 of NIP and returned to CPS by mail. Provided driving licence details. Licence was a standard UK one, issued by DVLA, so did not send licence or copy as instructed in NIP. Paid fine online (acdp.met.police.uk). Didn't hear anything so assumed that was sorted and should drive more responsibly.

Now have received SJPN, five months after the incident. Witness statement from Police Staff in SJP says that COFP was sent in late September. It acknowledges Fixed Penalty was paid but that I failed to provide licence details for electronic endorsement. And it claims a refund was requested (although no refund has been granted, which may have allowed me to catch this earlier). A copy of the NIP that I sent to them for the offence (including my licence) has been sent back to me with the SJP. The case is no longer able to be viewed on acdp.met.police.uk to track my history.

I have just under three weeks to respond. Obviously am guilty of speeding but am concerned how it got this far, and that I may also get costs/surcharge/higher fine as a result. The gaps between NIP and SJP appears to be not infrequent of late, judging by other similar posts on this forum (or even for members of the press).

I have a number of questions I hope might be simple for someone more learned to answer:
- Where could I have failed to provide licence details?
- Would it not have been enough if they were provided and accepted in the NIP response, and presumably as part of Fixed Penalty payment?
- Assuming it's a clerking error, there's nevertheless presumably no way to get this case sent back to Processing, that I have no choice but to continue with the SJP for and magistrate's ruling?
- I should obviously admit guilt, and should reference in the mitigating circumstances the above context without appearing entitled or unwilling to accept blame (despite my confusion in how it wasn't concluded with the COFP)?
- Is there a courteous way to request sentencing at the fixed penalty level since it should never have got this far, that I did all in my power to reply swiftly and pay swiftly and take responsibility swiftly? Or would pointing this out also be entitled or inappropriate?

Thank you in advance.

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Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #1 on: »
Where could I have failed to provide licence details?
Guess it would have been here "so did not send licence or copy as instructed in NIP"

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #2 on: »
Where could I have failed to provide licence details?
Guess it would have been here "so did not send licence or copy as instructed in NIP"

I think that what they mean is that they did not send their licence or a copy of their licence with the reply to the NIP, but they did submit their licence details. This is what the NIP's state that you are required to do.

You also have to provide the licence details of the driver when you are accepting the COFP and this is probably what the OP failed to do.
« Last Edit: February 05, 2025, 10:35:03 am by Dave Green »

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #3 on: »
Yes, you need to submit your licence details twice - once when responding to the NIP (or, more accurately, to the "request for driver's details") and again when you accept the fixed penalty offer. This is a common oversight and we see many cases on here in the same vein.

There is no way to have his removed from the court process. Although you suggest "it should not have got this far", when a driver fails to meet the requirements of a fixed penalty offer, there is no alternative but to prosecute him in court. The fixed penalty process is quite well defined in law and there is usually no time to extend any deadlines because prosecutions must begin within six months of the offence date. They cannot begin whilst fixed penalty offers are still "live".

You should respond to the SJPN by pleading guilty. In the “mitigation” section you should explain what happened and respectfully ask the court if they would consider fining you at a level equivalent to the fixed penalty amount. They have this guidance:

“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.”

Of course these difficulties were entirely of your own making. But a kindly Single Justice may feel able to cut you some slack and order you to pay just £100. Alternatively they may “split the difference” and order you to pay £100 plus prosecution costs (usually around £90). Otherwise you will be sentenced under the normal guidelines which suggest half a week’s net income (reduced by a third for your guilty plea), a “victim surcharge” of 40% of that fine and the prosecution costs.
« Last Edit: February 05, 2025, 11:03:38 am by NewJudge »

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #4 on: »
Thank you all, very helpful, much appreciated.

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #5 on: »
On August 15, I was caught driving 26 MPH in a 20 MPH speed limit. Received NIP in early September. Charges were contrary sections 84 and 89(1) of RTRA 1984, and Schedule 2 of RTOA 1988.

Completed sections 1, 2, and 5 of NIP and returned to CPS by mail. Provided driving licence details. Licence was a standard UK one, issued by DVLA, so did not send licence or copy as instructed in NIP. Paid fine online (acdp.met.police.uk). Didn't hear anything so assumed that was sorted and should drive more responsibly.
Did you receive two things? The NIP/Request for driver details. Then a separate Conditional Offer of Fixed Penalty sent only after driver details had been received.

The way you recount it makes it sound like it was done in one go.

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #6 on: »
Yes, he did two things. Returned the Nomination, received COFP and paid online.

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #7 on: »
Unless it was an Avon and Somerset "SuperNIP", assuming those are still a thing.

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #8 on: »
I'm assuming it wasn't A&S

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Paid fine online (acdp.met.police.uk)

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #9 on: »
IIRC we had a similar case recently with the Met, where the OP eventually indicated that the NIP included a COFP.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #10 on: »
Yes, I do recall that. I tried to check online and could only find reference to receiving a COFP after nomination, but it wouldn't come as a surprise if the information was out of date.

https://acdp.met.police.uk/auth/info/faq

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I was the driver, what happens now?
You will need to complete and sign Part 1 and 4 of the Notice of Intended Prosecution (NIP) / Requirement for Driver details (172) and return it to the address on the front of the form as soon as possible without delay and within 28 days. The driver would normally then be sent a Conditional Offer of Fixed Penalty however they may be eligible for a Safety Awareness course.

The London safety camera partnership site on the other hand seems to be bang up to date.

https://lscp.org.uk/faqs.html

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Otherwise the normal procedure is that the driver will be sent a Conditional Offer of Fixed Penalty (COFP). The COFP is valid for 28 days and offers the driver the choice of paying a fixed penalty notice of £60 and accepting 3 points on their licence.

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #11 on: »
The London safety camera partnership site on the other hand seems to be bang up to date.

https://lscp.org.uk/faqs.html

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Otherwise the normal procedure is that the driver will be sent a Conditional Offer of Fixed Penalty (COFP). The COFP is valid for 28 days and offers the driver the choice of paying a fixed penalty notice of £60 and accepting 3 points on their licence.

Not if they think a fixed penalty is £60.
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.

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #12 on: »
Struggling to see how, other than due to syphilitic dementia, " the driver will be sent a Conditional Offer of Fixed Penalty" could be construed as stating that the COFP is included in the NIP/s. 172.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: SJP despite paying FPN. "Failed to provide licence details".
« Reply #13 on: »
Not if they think a fixed penalty is £60.

Yeah, I was being flippant. How long has it been £100 now?