SJP outcome, Help needed |
SJP outcome, Help needed |
Mon, 13 Jan 2020 - 15:26
Post
#1
|
|
Member Group: Members Posts: 11 Joined: 13 Jan 2020 Member No.: 107,386 |
Hi Guys
I’m new to this and desperately need advice here I have sent my nip for a speeding offence but now this has been forwarded to the SJP stage for displaying no L plates and doing 65 in a 50 zone (caught via safety camera van) in my partners car (nip reflecting this) The question id like to know - is this a ban now and court hearing or will I just get a fine and points for this!? I rang the police department for ticketing and they confirmed it’s at the SJP stage and I’m now awaiting papers My mental health is so bad (suicidal) and I’m so worried I will be named and shamed here also No excuse here and please forgive me here as I know I did wrong sad.gif A very worried Matt |
|
|
Advertisement |
Mon, 13 Jan 2020 - 15:26
Post
#
|
Advertise here! |
|
|
|
Mon, 13 Jan 2020 - 15:35
Post
#2
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
It is unlikely that you will be banned for those two offences - it is likely that you will receive points for one of the offences and a fine for both (or just one if you’re lucky). This assumes you have no other points on your licence.
-------------------- Moderator
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. |
|
|
Mon, 13 Jan 2020 - 15:42
Post
#3
|
|
Member Group: Members Posts: 11 Joined: 13 Jan 2020 Member No.: 107,386 |
My provisional has 0 points and had this since 2015
I just hope I’m not named and shamed and in front of a judge If that’s the case then no excuses I know this |
|
|
Mon, 13 Jan 2020 - 15:47
Post
#4
|
|
Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
65 in a 50 is a Band A offence - so 3 points. Almost certainly will be dealt with via postal plea only.
However, any fine is income related along with costs (£85) and surcharge of 10% of the fine (min £32). -------------------- 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. |
|
|
Mon, 13 Jan 2020 - 15:49
Post
#5
|
|
Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
There is no need to get suicidal. As for being “Named and shamed” the chances of your case appearing in the press are virtually zero, especially if it’s handled by the SJ process as that is not a public court.
Both offences attract a fine of half a week’s net income (though you may get a reduction on one or even a BOGOF if the court is feeling kindly), reduced by a third if you plead guilty. Both also attract three points but where two or more offences are committed on the same occasion only one lot of points are imposed. You will also pay £85 costs and a surcharge of 10% of one of the fines (the highest if the court imposes two different amounts) subject to £32 minimum. Were you insured at the time? Another consideration is that you will have three points as a result of this. If you accumulate six or more within two years of passing your test your licence will be revoked and you will have to pass your test again. The three you will get for these offences count towards that six, meaning any single offence which attracts points will see your licence revoked. They have six months from the date of the offences to issue court proceedings and in many areas take all of that time. This post has been edited by NewJudge: Mon, 13 Jan 2020 - 18:34 |
|
|
Mon, 13 Jan 2020 - 15:52
Post
#6
|
|
Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
There is no need to get suicidal. As for being “Named and shamed” the chances of your case appearing in the press are virtually zero, especially if it’s handled by the SJ process as that is not a public court. Both offences attract a fine of half a week’s net income (though you may get a reduction on one or even a BOGOF if the court is feeling kindly), reduced by a third if you plead guilty. Both also attract three points but where two or more offences are committed on the same occasion only one lot of points are imposed. You will also pay £85 costs and a surcharge of 10% of one of the fines (the highest if the court imposes two different amounts) subject to £32 minimum. Were you insured at the time? Another consideration is that you will have three points as a result of this. If you accumulate six or more within two years of passing your test your licence will be revoked and you will have to pass your test again. The three you will get for these offences count towards that six, meaning you will have only three points (i.e. one offence) to play with after passing your test. They have six months from the date of the offences to issue court proceedings and in many areas take all of that time. L-plates not displayed ? -------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
|
|
Mon, 13 Jan 2020 - 15:53
Post
#7
|
|
Member Group: Members Posts: 11 Joined: 13 Jan 2020 Member No.: 107,386 |
No insurance either as my partner was in the back seat (dosent show this clearly in pics sent to me by police) and they must hear this all the time - so no point arguing this as she should of been in the front anyhow (even tho she was in the back seat
I’m so worried now here This post has been edited by Mathew Reed: Mon, 13 Jan 2020 - 15:55 |
|
|
Mon, 13 Jan 2020 - 16:26
Post
#8
|
|
Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
No insurance either as my partner was in the back seat (dosent show this clearly in pics sent to me by police) and they must hear this all the time - so no point arguing this as she should of been in the front anyhow (even tho she was in the back seat I’m so worried now here No reason why that should invalidate your insurance, and if the papers you have been sent about the SJP are for the two offences you mention, those are the offences that are going to court, not anything else. Simply plead guilty to those two offences when returning the forms and you will not have to go to court at all, you will not be named and shamed, put in the village stocks or anything else, other than getting three points on your licence and paying some money. -------------------- |
|
|
Mon, 13 Jan 2020 - 16:30
Post
#9
|
|
Member Group: Members Posts: 11 Joined: 13 Jan 2020 Member No.: 107,386 |
Would the insurance not been penalised then!?
I’m ringing the police in the morning to establish what the offences are but she did say L plates - so I will see if it’s the insurance and licence too!? I will be Upto 12 points then if it’s insurance also but surely I won’t be receiving a SJP as that would be a disqualification I’m confused |
|
|
Mon, 13 Jan 2020 - 16:38
Post
#10
|
|
Member Group: Members Posts: 17 Joined: 21 Oct 2019 Member No.: 106,274 |
Would the insurance not been penalised then!? I’m ringing the police in the morning to establish what the offences are but she did say L plates - so I will see if it’s the insurance and licence too!? I will be Upto 12 points then if it’s insurance also but surely I won’t be receiving a SJP as that would be a disqualification I’m confused I wouldnt go poking sticks at things! The potential is there for not driving in accordance by being unsupervised and lacking L plate and speeding. If the SJPN show just speeding and lplates then stick with that. Ringing the ticket office and divulging more than you should even if clarifying things such as although you can’t see her the missus was in back seat, and I have no insurance potentially is just a silly move to make. This post has been edited by T.T.D: Mon, 13 Jan 2020 - 16:41 |
|
|
Mon, 13 Jan 2020 - 16:56
Post
#11
|
|
Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Would the insurance not been penalised then!? I’m ringing the police in the morning to establish what the offences are but she did say L plates - so I will see if it’s the insurance and licence too!? I will be Upto 12 points then if it’s insurance also but surely I won’t be receiving a SJP as that would be a disqualification I’m confused Do not ring the police to ask that. Believe what you have already been told by them, your case has gone to the SJP stage for speeding and failing to display an L plate. Stop desperately trying to find things to worry about. -------------------- |
|
|
Mon, 13 Jan 2020 - 17:01
Post
#12
|
|
Member Group: Members Posts: 11 Joined: 13 Jan 2020 Member No.: 107,386 |
Apologies I’m just so worried and vulnerable
I suppose that the SJP outcome is positive and not a immediate ban or further summons!? Sorry This post has been edited by Mathew Reed: Mon, 13 Jan 2020 - 17:02 |
|
|
Mon, 13 Jan 2020 - 17:15
Post
#13
|
|
Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
Apologies I’m just so worried and vulnerable I suppose that the SJP outcome is positive and not a immediate ban or further summons!? Sorry The "Single Justice Procedure Notice" which you will receive is equivalent to a summons. Minor motoring matters are usually listed in the Single Justice "court". In fact it is not a court at all but a single Magistrate sitting in an office with a Legal Advisor, dealing with the cases on the papers alone. Nobody else does or can attend. Only if the Single Justice thinks that a ban should be considered will the matter be listed for a hearing in the normal Magistrates' Court. That is not likely to happen in your case. |
|
|
Mon, 13 Jan 2020 - 17:47
Post
#14
|
|
Member Group: Members Posts: 11 Joined: 13 Jan 2020 Member No.: 107,386 |
So will my points be 12 now then with no l plates, insurance, licence and speed offences
Surely that would escalate - I’m so confused as it’s a SJPN This post has been edited by Mathew Reed: Mon, 13 Jan 2020 - 17:48 |
|
|
Mon, 13 Jan 2020 - 18:09
Post
#15
|
|
Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
So will my points be 12 now then with no l plates, insurance, licence and speed offences Surely that would escalate - I’m so confused as it’s a SJPN If you were to be charged with all of those offences (and you have given no indication until now that No Insurance is among them) the maximum points you will receive is six (for No insurance, the most serious of the three). |
|
|
Mon, 13 Jan 2020 - 18:13
Post
#16
|
|
Member Group: Members Posts: 11 Joined: 13 Jan 2020 Member No.: 107,386 |
Why would it be six and not 12 !? I thought you get points for no Lplates and and band A speed fine also of 3 points
Thanks for the help guys so far... |
|
|
Mon, 13 Jan 2020 - 18:17
Post
#17
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
You only get points for the most serious offence committed on the same occasion, normally. Not that there's any indication you're getting prosecuted for no insurance anyway.
-------------------- Moderator
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. |
|
|
Mon, 13 Jan 2020 - 18:20
Post
#18
|
|
Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
So will my points be 12 now then with no l plates, insurance, licence and speed offences Surely that would escalate - I’m so confused as it’s a SJPN Why should you think you had no insurance? Why should you think the police are going to charge you with no insurance when they have told you the charges are speeding and failing to display L plates? Why should you think you will get 12 points when you were told in post #5 that for offences committed on the same occasion you only receive points for one offence, the most serious? -------------------- |
|
|
Mon, 13 Jan 2020 - 18:22
Post
#19
|
|
Member Group: Members Posts: 11 Joined: 13 Jan 2020 Member No.: 107,386 |
Ok thanks I never knew this
So, for my provisional, no insurance, band a fine and l plates offence - this will only be 6 points due to same occasion!? Tha made me feel at ease if this is true Such a good site this |
|
|
Mon, 13 Jan 2020 - 18:26
Post
#20
|
|
Member Group: Members Posts: 299 Joined: 14 Mar 2005 Member No.: 2,564 |
So will my points be 12 now then with no l plates, insurance, licence and speed offences Surely that would escalate - I’m so confused as it’s a SJPN You are past the point where anyone will be actively looking for further offences - so don't say/do anything that may prompt them into doing so. If the SJPN only mentions speeding and L-plates then that is what it will be. |
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 00:31 |