Author Topic: SJPN - 2 offences "laid in the alternative"  (Read 1641 times)

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SJPN - 2 offences "laid in the alternative"
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I've just received an SJPN in the post today for a speeding offence that took place in September 2025. I was going 61mph in a temporary 50mph zone on the M4.

They end of September they sent a NIP to my old address with a further reminder letter in October to that same address. And now, 6 months from the date of offence I've received a SJPN with 2 offences: speeding and failure to provide drivers details (s172)

I've read through the paperwork they've sent me and there's a section that states: "If your summons contains 2 offences, they are 'laid in the alternative'. This means that if you choose to plead guilty to one offence and not guilty to the other the magistrates will only adjudicate on the offence to which you have pleaded guilty and the offence you pleaded not guilty will be withdrawn.

Where there are 2 offences in the summons, and you choose to plead not guilty to both the case will be adjourned at the first hearing. You will then be notified of a trial date. You will have to attend the trial to give evidence in person."



I was unaware that I had to update my V5C and the address has stayed the same on there since I bought the car and had assumed that if I update the address on my drivers licence when I move house (which I have done twice since then and kept updated), it automatically updates DVLA too. I only realised I have to update my V5C in November 2025 and I did it right then. Now my V5C has the correct address but it didn't at the date of the offence. I do want to take responsibility for both of these offences, however to avoid getting 9 points (!!!) I'd like to take on the "laid in the alternative' deal they've mentioned. I've read through multiple other questions on here with the same situation and people haven't mentioned about this. I wasn't sure if they've just missed it or it's a new thing on my paperwork?

I do appreciate that it is my fault for not updating my V5C, and so I'm concerned that if I choose not guilty for this offence in my response, once they read my explanation, they won't withdraw it and I'll end up with 9 points (on top my existing 3 points, I'd have 12 in total and basically lose my licence for 6 months). I don't want to do the wrong thing here and get myself in more of a pickle. I really don't want to drag this on and go to court either.

Is it the case that the offence I put not guilty just gets automatically withdrawn because I've admitted to the other, even though technically I am guilty of both? Is it likely/common practice for them to drop the s172 in these cases? what would be the best action here?

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Re: SJPN - 2 offences "laid in the alternative"
« Reply #1 on: »
You are indeed technically guilty of both (provided you agree you were speeding), though a speeding prosecution would not succeed without you pleading guilty as the police have no evidence that you were driving. However…

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Is it the case that the offence I put not guilty just gets automatically withdrawn because I've admitted to the other, even though technically I am guilty of both?

Yes, that’s exactly what they’ve told you.

It is, in fact a very convenient way of dealing with someone in your position. Not many courts do this. It is usually necessary to plead not guilty to both charges, attend court and do a deal with the prosecutor to drop the “Fail to Provide” (FtP) charge in return for a guilty plea to speeding.

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…what would be the best action here?

Return the SJPN pleading guilty to speeding and not guilty to FtP.
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Re: SJPN - 2 offences "laid in the alternative"
« Reply #2 on: »
Thankyou!! I really appreciate the rapid response!

I guess I'm just worried they're going to redact what they've said after I basically own up in my explanation and tell them "I haven't updated my V5C because I didn't know I had to" and charge me for both. Should I even provide an explanation?


Re: SJPN - 2 offences "laid in the alternative"
« Reply #3 on: »
Quote
I guess I'm just worried they're going to redact what they've said after I basically own up in my explanation and tell them "I haven't updated my V5C because I didn't know I had to...

Their agreement (to discontinue one charge if you plead guilty to the other) is not conditional on anything. Failure to update the V5C is one of the most common reasons that drivers find themselves in your position. When the usual strategy is employed (pleading not guilty to both charges and doing the “deal” I mentioned) it is rarely, if ever, declined by prosecutors. The court dealing with your case has simply made it easier for you. The court (or the prosecutor) would be very hard pushed to retract their offer as it essentially encourages you to plead guilty to speeding – a charge which would otherwise not stick without your guilty plea.

In any case, you have no need to provide any explanation. If you want to provide one simply say your pleas are entered on the understanding that the charges are being laid “in the alternative.”
« Last Edit: March 21, 2026, 06:55:43 pm by NewJudge »

Re: SJPN - 2 offences "laid in the alternative"
« Reply #4 on: »
Thanks for everyone’s advice. I sent the letters back pleading guilty for the speeding and not guilty for the s172. I’ve just seen on the government website that last week they’ve given me 6 points for “failure to give information as to identity of driver MS90”. So confused what’s happened there. It’s made me even doubt that I’ve filled in letter correctly. Do I just take the L and pay the fine (£660 !!) or do I dispute this? I’m so lost and frustrated. The laid in the alternative thing didn’t work?

Re: SJPN - 2 offences "laid in the alternative"
« Reply #5 on: »
Do I just take the L and pay the fine (£660 !!) or do I dispute this?

Certainly not! You must dispute it.

You have it in writing that if you plead guilty to one charge and not guilty to the other, the one to which you have pleaded not guilty will be withdrawn.

If you responded as you say you did, even ignoring “the offences being laid in the alternative”, you should not have been convicted without facing a trial, for which you would have to attend in person.

Did you keep a copy of your response?

You need to contact the court to find out why you have been convicted of the offence to which you pleaded not guilty, when you had the firm understanding that it would be discontinued.

Re: SJPN - 2 offences "laid in the alternative"
« Reply #6 on: »
Thanks for everyone’s advice. I sent the letters back pleading guilty for the speeding and not guilty for the s172... It’s made me even doubt that I’ve filled in letter correctly. ...


Did you not keep a copy of the plea you sent back?

Re: SJPN - 2 offences "laid in the alternative"
« Reply #7 on: »
No unfortunately I didn’t keep a copy of my answers on the paper form.

I called up the magistrates court today to ask for a copy of the plea and court paper work that’s on file about the case. I didn’t even get to ask this question because as soon as they checked my details, they said they didn’t recieve the forms even though I sent it few days after I got the sjpn through the post.

Thankfully I’ve kept receipt proof (physical receipt and photo of it) of me sending the forms off in time which matches the address I was to send my plea to. So no idea how they didn’t get it. 

I’ve now been asked to dispute it and go through the process. They said it can take 6 months to resolve this which is painful because now I have an extra 6 points on my licence!

Would I have to physically go to court to dispute this and explain in person? Should I start paying the fine to avoid being penalised for an additional offence for “not paying a fine by a deadline” No idea how any of this works never done this before!

Would appreciate any tips as usual!

Re: SJPN - 2 offences "laid in the alternative"
« Reply #8 on: »
You will have to ask the court to re-open your case under s142 of the Magistrates’ Court Act.

The process for this is that your request will first be screened by an administrator. Be prepared to meet some resistance to your request. Do not mention the word “appeal” in your application. This is the usual reason for the administrators declining to put a request before the court and usually results in a form to appeal in the Crown Court being supplied. That is not what you want to do.

Only the court can decide whether or not to re-open your case. It is a judicial decision to be taken by Magistrates, not an administrative one to be taken by a clerk. You must persevere if you meet that resistance.

The reason for your request is quite simple: you were told that the offences were laid “in the alternative”. You pleaded guilty to speeding on the understanding that the “Fail to Provide” charge would be dropped. Unfortunately, your response was not received by the court and they convicted you, in your absence, of the FtP charge.

I discovered a short while ago that you can begin this process online:

How to challenge a decision by a magistrates
gov.uk


Re: SJPN - 2 offences "laid in the alternative"
« Reply #9 on: »
Thankyou! Yes I’m going to do that.

I’m going through the online form for that and I just want to make sure I’m choosing the right options.

So for “did you make a plea for the original offence” there’s two options. “yes, I made a plea but I think the decision was unfair/the judges failed to consider my circumstances or all the evidence available” the other option is “no, i didn’t know about the original hearing or was unable to make a plea” is the “no” option the better one considering my situation?

If I click yes for the above, the follow up question is “did you get the chance to give an explanation of the offence to the court”
Do I pick “yes- but I want to appeal the decision made” or “no- I was not able to speak or write to the court”. To avoid choosing the option with the word appeal in it, I was going pick no.

If I pick no for that first question, then it takes me straight to a new question “do you think the court decision was unfair. Do you want your case to be reopened” to which I want to click yes.

The next bit: “are you challenging the court finding that you are guilty or the outcome (sentence) of the original hearing. Or both”. Bit clueless which to pick here.

It then asks me for more info on the plea and why I believe I did not commit the offence if I’m pleading not guilty. Then a separate section asking me to make pleas for more than one offence if applicable. For both these sections I’m assuming I just repeat the explanation about laid in the alternative and them not recieving my response etc. and nothing extra.

Many thanks as always!





Re: SJPN - 2 offences "laid in the alternative"
« Reply #10 on: »
I’m afraid this demonstrates why these online gizmos do not always fit the bill.

Before I saw the inline system I always advised to contact the court and simply ask to have he case opened under s142 of the MCA, and then explain why. If I was me I would still do that. However, if you want to continue with the online system. I’ve numbered he questions for convenience:

1.So for “did you make a plea for the original offence” there’s two options. “yes, I made a plea but I think the decision was unfair/the judges failed to consider my circumstances or all the evidence available” the other option is “no, i didn’t know about the original hearing or was unable to make a plea” is the “no” option the better one considering my situation?

Answer 1: “yes, I made a plea but I think the decision was unfair/the judges failed to consider my circumstances or all the evidence available”

2. If I click yes for the above, the follow up question is “did you get the chance to give an explanation of the offence to the court”
Do I pick “yes- but I want to appeal the decision made” or “no- I was not able to speak or write to the court”. To avoid choosing the option with the word appeal in it, I was going pick no.

Answer 2: “yes- but I want to appeal the decision made”
(I wouldn’t worry about using the word ”appeal”. They brought it up, not you).

3. If I pick no for that first question, then it takes me straight to a new question “do you think the court decision was unfair. Do you want your case to be reopened” to which I want to click yes.

Answer 3: “Yes”
(you do want the case reopened)

4.The next bit: “are you challenging the court finding that you are guilty or the outcome (sentence) of the original hearing. Or both”. Bit clueless which to pick here.

Answer 4: Both
(You have been convicted of a charge which you were told would be discontinued and suffered  a harsher penalty as a result)

Then make it absolutely clear in your additional information that you do not want to appeal to the Crown Court but want the case reopened under s142 because the court either did not receive or did not act upon your pleas. Mention that you were assured that the offences were laid in the alernative.(I assume that you are confident you did plead guilty to speeding and NG to FP).
« Last Edit: May 13, 2026, 05:50:19 pm by NewJudge »

Re: SJPN - 2 offences "laid in the alternative"
« Reply #11 on: »
Which Midvale graduate came up with the phrase "make a plea"?

I would argue that making a plea means the same as entering a plea - purposively, if the court variously did not receive or did not enter the plea, it was not "made" - to the extent that the word has any meaning in this context.
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