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Single Justice Procedure (Speeding & Failing to give information) - Never received any previous letters!?, Threads merged
kr96
post Wed, 2 Jan 2019 - 02:21
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Hello, i would appreciate some advice on my situation. I am a new to this site and this is first speeding issue i have faced too.

I received a Single Justice Procedure for the charges of Speeding and Failing to give information. However, this is the first time I have been made aware of this speeding offence which took place back in July (received the SJPN at the end of December).

22/07/2018 - I got caught doing 39mph in 30mph limit by manned equipment
31/07/2018 - they say they sent a NIP by 1st class post
28/08/2018 - they say they send a reminder letter by 2nd class post

I live above a business and have previously had issues with receiving my post hence why I may have not received the previous letters but I genuinely didn't know about this until i got the SJPN.

I check my mail regularly and had I received the original letter I would have accepted the speeding charge immediately to do the speeding course and avoid the points on my licenseas it would have made no sense to ignore the letters. However I am not sure what happens now and having 3 points on my license will impact me massively being a young driver and a student struggling financially already.

I have read on these forums that the general procedure is to plead not guilty to both and on the day of court, ask the prosecutor to drop the Failing to give information charge by pleading guilty to the speeding.

However as I mentioned previously taking those 3 points could possibly mean I can no longer afford to drive which would impact me getting to uni and seeing my family who i do not live near.

Is there any chances I can avoid having this go to court and sort this situation out now and still do the educational course? I have been frantically trying to contact the Central Ticket Office multiple times with no luck and even contacted the police who have been no help.


Any advice on what to do next or who to contact? I have written a letter explain my situation which i have posted to the central ticket office and contacted them by email too.


Appologies for the long post and all the questions. I am very worried and panicing about this situation as it's my first speeding offense and I am unsure about what do to.
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post Wed, 2 Jan 2019 - 02:21
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southpaw82
post Wed, 27 Feb 2019 - 21:46
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QUOTE (The Rookie @ Wed, 27 Feb 2019 - 21:35) *
Contact the court immediately and ask them to confirm the charge you were found guilty of, if they state it was the S172 charge then state it wasn’t the case, that you plead guilty to the speeding and not guilty to the S172 and were not tried for that, ask that the case is reopened under S142 of the magistrates court act in the interests of justice to allow the court to correct the error in the record.

If the court convicted him of speeding but the record of conviction is wrong then there is no need to re-open the case. The court admin staff simply need to record the court's order correctly.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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kr96
post Thu, 28 Feb 2019 - 13:16
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So I have just contacted the court to confirm the charge.

They told me that I was charged with the Failure to give information!

The woman found the two original charges on my file and mentioned how I changed my not guilty plea to guilty so she said that I was charged with failure to give information???
On the court day I am 100% I heard the prosecutor say to the magistrate that the charge for the S172 was to be dropped once I changed my plea to guilty for speeding.

Another thing she mentioned was that apparently there was no points added to my license?
I asked if I should have sent off my license or anything and she said that the DVLA would have been notified of the charge and wait for a response from them.


She has asked me to write to customer services about this and she will try bring it up to the clerk/prosecutor.

Has this ever happened before and what do I do now?
I was charged with the S172 but no points on my license

This post has been edited by kr96: Thu, 28 Feb 2019 - 13:18
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southpaw82
post Thu, 28 Feb 2019 - 13:57
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It sounds like someone has made an administrative error. You could write to the clerk to the justices (or legal adviser as they’re styled now) and ask for a copy of the memorandum of conviction and his or her notes of the hearing. This should shed some light on what the court thought it was doing. If the court made an appropriate order (ie convicted you of speeding and acquitted you of the s 172) then they ought to be able to fix that administratively. If, however, the court convicted you of the wrong offence then you ought to ask for the matter to be re-opened under s 142 and the correct order made.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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kr96
post Mon, 20 May 2019 - 12:56
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So I continued to contact the court several times to chase this up and get it sorted but they would always say they would need to contact the legal adviser to confirm and then we will get back to me. However they never did get back to me with any information.

Then a few weeks ago I get a letter stating I have been charged with the MS90 but they have now added on the 6 points!
Turns out they reopened the case to add the missing points but I was not made aware of this.

So I have written to the court asking them to reopen the original case under the S142 act.
They have gotten back to me today saying that my case has been relisted for S142 Reopening and I will have to attend court in a few weeks.


So what happens at this reopening hearing and would I need legal representation?
Also what happens if they choose not to reopen my case? Im guessing I will be stuck with the MS90 and 6 points since it's been so long sad.gif
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The Rookie
post Mon, 20 May 2019 - 13:12
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You don't need legal representation, you explain what happened in court and that it was mis-recorded, that at no point did you plead guilty to the S172 nor were you convicted of it. that in fact you had plead guilty to the speeding.

Best case they see the logic and revert back to what you should have had, worst case should be they schedule it as a retrial and start all over again.


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