3. SJPN
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SJPN
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Ive read through some of the posts and replies here relating to similar situations. I received a letter stating I was recorded/flashed, via a yellow stationary camera A4 Cromwell Rd nr Lexham Gdns SW5, doing 25 in a 20mph zone.
I filled in the form, including my DL number etc... paid the £100 and assumed it was over. I then received a SJPN stating I failed to send my DL of which I was unaware I had to do, assuming my DL number was what was required. I suffer from a health condition where my brain operates in a way that goes into overwhelm which leads to a flight or fight response state and struggles to process information correctly in times of stress. I have an official letter stating this but wondering if this would be reason enough for them to reconsider the SJPN?
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Re: SJPN
« Reply #1 on: »
The requirement to send in the physical driving licence ceased years ago, nowadays just the details contained on it are required. During the whole process you have to supply the drivers number twice:

 1) When naming the driver

 2) When accepting the fixed penalty

Is it possible you did it the first time but not the second? This seems to be quite a common mistake.
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Re: SJPN
« Reply #2 on: »
Thank you for your reply. I'll have to look back through the paperwork. Hopefully, they'll be somewhat understanding.
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Re: SJPN
« Reply #3 on: »
You were offered an out of court disposal. On the face of it, you failed to accept that offer. You are now being prosecuted for the original speeding offence.

The fact that properly accepting the offer would have avoided the prosecution is largely irrelevant, unless you did in fact comply with the statutory requirements, in which case the prosecution would be unlawful.

Protectively instigating proceedings is an abuse of process which would invalidate the proceedings - effectively, the police cannot put the proceedings on hold once they have been instigated.
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Re: SJPN
« Reply #4 on: »
Thanks but I filled in the form containing the information they required, including my DL information. They even sent the form back to me showing the DL number, date, signature, stating I failed to provide my DL number. This makes no sense.
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Re: SJPN
« Reply #5 on: »
But did you send the DL information twice?
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Re: SJPN
« Reply #6 on: »
They will not reconsider the SJPN. It is now the only way they have of enforcing the matter.

You have two choices:

You can dispute the charge on the basis that you complied with the requirements of the fixed penalty offer. If you are certain that you did so, as Andy says, a prosecution for the same offence is unlawful. You need to be sure that you did provide your DL details for a second time (i.e. as part of accepting the offer) and ideally have some way to prove that.

Your second option is to plead guilty and when you respond to the SJPN, in the "mitigation" section explain what has happened. Go on to ask the court, respectively, if they would consider sentencing you at the level equivalent to the fixed penalty. Magistrates have guidance that suggest they can consider this where they believe it is just to do so.
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Re: SJPN
« Reply #7 on: »
Quote from: ray.g on February 20, 2025, 04:11:15 pm
Thanks but I filled in the form containing the information they required, including my DL information. They even sent the form back to me showing the DL number, date, signature, stating I failed to provide my DL number. This makes no sense.

But which form (or forms) are you referring to?

As others have already said you need to provide your DL number when relying to the NIP/s172 request to name the driver, but you also need to supply your DL number a second time when accepting the conditional offer of a fixed penalty.  If you didn't provide your DL number the second time, you haven't complied with the offered conditions and you will be prosecuted.

If you did provide your DL number the second time, they can't successfully prosecute you.

So the question is:  "Did you provide your DL number a second time when accepting the COFP?"
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Re: SJPN
« Reply #8 on: »
Thanks for your response(s).
I can't confirm that I've sent my DL details through twice. I have 2 forms in front of me with my details on them but memory wise, even though I believe I did send them twice, I don't have proof. I only know that I paid the fine and sent the forms as required. I take it that I'll have to plea guilty and explain via mitigation as you've suggested. In anyone's opinion and/or experience, is it worth going to court?
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  3. SJPN