SJPN received late, please help! |
SJPN received late, please help! |
Fri, 18 Jan 2019 - 20:23
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#1
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New Member Group: Members Posts: 2 Joined: 18 Jan 2019 Member No.: 101,994 |
Hi, I could use some advice.
I have received an SPJN 4 months after the offence of 80mph in 50mph limit (temporary) using manned equipment (radar gun) It would cause me, as it would many people, a massive inconvenience to lose my license, so I am hoping that I can void the ticket. I believe there are some inconsistencies: 1. The date of birth on the P101 (written by the officer, copied from my license) is incorrect, however is correct on the SJPN 2. The road where the offence was committed was incorrect on the P101 3. The Charge Sheet and Certificate of Service have different dates, I believe they have to have the same dates on, or do they merely have to be posted/received together/on the same day? I would really like some advice to help me understand if I should consider challenging the validity of the charge. Many Thanks |
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Fri, 18 Jan 2019 - 20:23
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Fri, 18 Jan 2019 - 21:12
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
The police have 6 months to commence proceedings. They would seem to be well within that time. What makes you think the SJPN is out of time?
It sounds like a roadside stop so you have no doubt re. the details e.g. location etc. None of your points will prevent a successful prosecution. If a ban is being considered, it is likely the case will be adjourned and you'll be given a date to attend court. This post has been edited by peterguk: Fri, 18 Jan 2019 - 21:12 -------------------- |
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Fri, 18 Jan 2019 - 21:12
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#3
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Member Group: Members Posts: 41,508 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
What do you mean by received 'late'? They have 6 months to commence a prosecution and are well inside that.
A roadside stop is the hardest to defend. Should you want to challenge then the 'errors' you describe won't be fatal to any prosecution. That excess could be a ban but it's only just into the top sentencing ban so 6 points is still possible. For a guilty plea the fine would be around 1 week's earnings, costs of £85 and surcharge of 10% of the fine (min £30). The SJPN may adjourn and request your presence to consider a ban. Have you checked the relevant traffic order is correct? This post has been edited by Jlc: Fri, 18 Jan 2019 - 21:14 -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Fri, 18 Jan 2019 - 21:19
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#4
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New Member Group: Members Posts: 2 Joined: 18 Jan 2019 Member No.: 101,994 |
Sorry, what is the relevant traffic order ?
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Fri, 18 Jan 2019 - 21:31
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#5
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Sorry, what is the relevant traffic order ? The Traffic Regulation Order is what sets the limit on the road. You can find a copy of it at the local council offices. If the TRO is not correct, the displayed limit may not be enforceable. -------------------- |
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Sat, 19 Jan 2019 - 09:09
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#6
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Member Group: Members Posts: 161 Joined: 8 Mar 2013 Member No.: 60,444 |
As the allegation is that he was doing 80mph, if the order was incorrect, could they not simply change the offence to exceeding the National Speed limit? Or perhaps they would just be embarrassed and drop it.
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Sat, 19 Jan 2019 - 12:34
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#7
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
As the allegation is that he was doing 80mph, if the order was incorrect, could they not simply change the offence to exceeding the National Speed limit? Or perhaps they would just be embarrassed and drop it. Maybe, but the sentencing guidelines for 80 in a 50 is a band C fine, 6 points or disqualification. 80 in either a 70 or a 60 limit is a band A fine plus 3 points. Indeed if the enforceable limit is 70 there's a case to be made that the court should sentence at the fixed penalty level. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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