Author Topic: SJP paperwork despite accepting NIP and paying fine  (Read 761 times)

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David in the North

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SJP paperwork despite accepting NIP and paying fine
« on: January 29, 2024, 06:17:47 pm »
Hi all,

I was caught speeding in October. Named myself and received a conditional offer of 3 points and a small fine. Paid the fine bed and sent the paperwork back.'Part 2: Submission of Driver License Details'.

I've recently received a notice to say I’m being charged under single justice procedures as I didn’t return the form. I am only being charged with the speeding offence.

I have Delivery Proof of Delivery for the returned Part 2 form. I also have the original form as it was returned to me stamped 'Paid and Endorsed' along with the date and initials of the person who did it.

I called the local traffic bureau to explain that I believed there was an administrative error. They recommended I completed the SJP forms and add the situation as mitigating evidence, along with a copy of the stamped Part 2. They informed me that my license had not been endorsed.

Does this sound the correct approach? Assuming it is, would the below be appropriate:

I received the above referenced Notice of Intended Prosecution, paid and returned the 'Part 2: Submission of Driver License Details' within the correct time limits.

The form was returned Special Delivery, tracking reference number XXXXXXXXXXXXX. It was sent on 16 October 23 and Royal Mail Proof provided proof of delivery at 10:50 on 17 October 23.

I subsequently received the 'Part 2: Submission of Driver License Details' returned by post. Notably the form is stamped "Paid and Endorsed 23 Oct 2023" and initialed MA.

When I received the Single Justice Procedure  pack I emailed N Yorks Police Traffic Bureau to the above effect. I received a reply 'XXXX' Collar number XXXX stating that I should submit the forms and note the above under mitigating circumstances.

Please find enclosed supporting evidence:

1) A copy of the Part 2 form that was returned to me

2) Proof of Delivery from Royal Mail

3) A copy of the correspondence with the Traffic Bureau

Due to the above I believe I have complied with the original fixed penalty offer, and sent the response back to the police. I would like to refer you to the Sentencing Council Guidelines on fixed penalties, that "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."

I have attempted to comply with the fixed penalty, however due to issues outside of my control, this has not been taken up. I would therefore like to request a fixed penalty equivalent sentence to dispose of this matter.


Any advice appreciated!

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andy_foster

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #1 on: January 29, 2024, 06:58:23 pm »
Personally, if I had complied with the requirements, had proof that I had complied with the requirements, and the police had then unlawfully instigated proceedings, I would be defending on the basis that the prosecution is statute barred.
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David in the North

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #2 on: January 29, 2024, 07:14:15 pm »
Personally, if I had complied with the requirements, had proof that I had complied with the requirements, and the police had then unlawfully instigated proceedings, I would be defending on the basis that the prosecution is statute barred.

That's interesting. Can you advise why it is statute barred please?

Edit: Just realised that if I am found guilty at Magistrates Court then it is classed as a criminal conviction, whereas the FPN would not have been. I'm now very keen to fight this if anyone can point me towards the right argument.
« Last Edit: January 29, 2024, 07:39:40 pm by David in the North »

Southpaw82

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #3 on: January 29, 2024, 09:50:09 pm »
If you accept a fixed penalty (or, in your case, purport to accept a conditional fixed penalty by complying with the conditions) you cannot be convicted of the underlying offence.

PS: “licence” is a noun, “license” is a verb.

NewJudge

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #4 on: January 29, 2024, 10:34:23 pm »
This is provided by s76 of the Road Traffic Offenders Act:

https://www.legislation.gov.uk/ukpga/1988/53/section/76

76 Effect of offer and payment of penalty.

(1)This section applies where a conditional offer has been issued to a person under section 75 of this Act.
(2)Where the alleged offender has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)], no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.


(Sub section 3 relates to the situation where the driver is liable to a "totting up" ban).

Of course, the issue in your case will be whether the court accepts that you complied with the conditions of the offer. However, you seem to have a better case than most.
« Last Edit: January 29, 2024, 10:36:05 pm by NewJudge »

David in the North

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #5 on: January 29, 2024, 11:36:44 pm »
This is provided by s76 of the Road Traffic Offenders Act:

https://www.legislation.gov.uk/ukpga/1988/53/section/76

76 Effect of offer and payment of penalty.

(1)This section applies where a conditional offer has been issued to a person under section 75 of this Act.
(2)Where the alleged offender has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)], no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.


(Sub section 3 relates to the situation where the driver is liable to a "totting up" ban).

Of course, the issue in your case will be whether the court accepts that you complied with the conditions of the offer. However, you seem to have a better case than most.

That's amazing, thank you! I'll plead Not Guilty and build an argument around this.

David in the North

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #6 on: January 30, 2024, 12:03:35 am »
OK, so I think the below about summarises my plea and defence:

I am pleading Not Guilty as proceedings should not have been brought as per S76 of the Road Traffic Offenders Act as I fulfilled the conditions specified in the conditional offer.  Section 76 of the Road Traffic Offenders Act 1988 states that:

“Where the alleged offender has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)], no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.”

Subsection (3) does not apply to this case as the Alleged Offender (myself) would not be liable to disqualified under section 35 of the Act. For clarity I hold no endorsements on my license and the starting point for Penalty points would be 3 as per Part I of Schedule 2 to the Act.

Within the Single Justice Procedure Pack the witness statement of XXXX XXXXXX, XXXX states that I had not provided my driving license details for endorsement. This is factually incorrect. A timeline of events can be seen below:

16 Oct 23. Driving license details were sent on the Part 2 form by Royal Mail Special Delivery as per the instructions in the conditional offer.

17 Oct 23. Royal Mail provided Proof of Delivery. A copy of this proof of delivery can be found enclosed.

Late Oct 23. The original Part 2 form was returned to myself by post. It has been stamped with “Paid and Endorsed 23 Oct 2023” and initial “XX”. A copy of the returned Part 2 form can be found enclosed.

When I received the Single Justice Procedure pack I emailed N Yorks Police Traffic Bureau to the above effect. I received a reply from 'XXXX' Collar number XXXX stating that I should submit the forms and note the above under mitigating circumstances. A copy of the emails is enclosed.


Any more pointers appreciated!

andy_foster

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #7 on: January 30, 2024, 09:12:25 am »
Have you checked your licence online? Are the points from the fixed penalty currently showing?

N.B. This does not directly affect your defence, but it would be prudent to understand whether they have completely f**ked up, or only partially. In other words, have they completed the fixed penalty process and then for no apparent reason decided to prosecute you for the speeding offence, or have they failed to endorse your licence for no apparent reason and then decided to prosecute you because they did not complete their process?
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David in the North

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #8 on: January 30, 2024, 11:57:32 am »
Have you checked your licence online? Are the points from the fixed penalty currently showing?

N.B. This does not directly affect your defence, but it would be prudent to understand whether they have completely f**ked up, or only partially. In other words, have they completed the fixed penalty process and then for no apparent reason decided to prosecute you for the speeding offence, or have they failed to endorse your licence for no apparent reason and then decided to prosecute you because they did not complete their process?

Thanks, have just checked and there are no points on my licence, so it appears to be the latter option.

ManxTom

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #9 on: January 30, 2024, 04:02:36 pm »


Thanks, have just checked and there are no points on my licence, so it appears to be the latter option.

Just one other thing...

I know the part 2 from was returned to you marked "Paid and endorsed" but are you 100% certain that when you sent them the part 2 form you included all the details (eg licence number) that you were asked for?

David in the North

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #10 on: January 30, 2024, 05:49:26 pm »


Thanks, have just checked and there are no points on my licence, so it appears to be the latter option.

Just one other thing...

I know the part 2 from was returned to you marked "Paid and endorsed" but are you 100% certain that when you sent them the part 2 form you included all the details (eg licence number) that you were asked for?

Good thinking! I have double checked and everything is in order on the Part 2 form.

David in the North

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #11 on: January 30, 2024, 05:53:55 pm »
Should I submit evidence at this stage with the SJP pack? Or just state what evidence I intend to rely on and my argument?

guest46

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #12 on: January 31, 2024, 08:29:41 am »
Slim chance, but maybe check all the references line up and the latest isn't in relation to a separate offence? A very long shot, but we've seen them before.........

andy_foster

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #13 on: January 31, 2024, 05:28:24 pm »
Generally speaking, evidence is for the trial (and disclosed to the court and the other party ~2 weeks before the trial).

In this case, there shouldn't be a trial as such, but unless the prosecution drop the case there probably will at least be a trial hearing in order to determine whether the prosecution is lawful and therefore whether a trial can go ahead.

There is no requirement to serve any evidence at this stage, and it is far from certain that any evidence would be looked at before the trial, but it would seem prudent to enable the possibility of the case being dismissed without you having to waste a day in court.
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andy_foster

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Re: SJP paperwork despite accepting NIP and paying fine
« Reply #14 on: January 31, 2024, 05:30:24 pm »
Slim chance, but maybe check all the references line up and the latest isn't in relation to a separate offence? A very long shot, but we've seen them before.........

Perhaps not quite official site policy, but if OPs are going to waste our time by posting materially incorrect "facts", I for one would be more than happy for the bench to point out their error to them.
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