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27mph in a 20mph zone, payed fpn now got a sjpn
MR UNLUCKY
post Wed, 28 Feb 2024 - 23:38
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hi guys, I am new on here..... hope you can help..
here goes...
I got caught by a camera van doing 27 mph in a 20 mph zone in wales (aug 2023)
I payed the £100 fixed penalty notice in Nov 2023
TODAY I GETS A " SINGLE JUSTICE NOTICE PROCEDURE NOTICE "
asking me to plead guilty or not guilty for this offence also states
"RECORDS INDICATE DRIVING LICENCE DETAILS NOT RECEIVED AT FIXED PENALTY OFFICE "

any way when I PAYED £100 PENALTY NOTICE ONLINE I CANT REMEMBER IF I GAVE MY DRIVING LICENCE NUMBER

I THINK I NEED ADVICE
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post Wed, 28 Feb 2024 - 23:38
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The Rookie
post Thu, 29 Feb 2024 - 09:43
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Well unless you are sure you provided details logically the only recourse is to plead guilty and in mitigation state that you had intended to accept the fixed penalty, refer them to the sentencing guideline...

Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.


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Jlc
post Thu, 29 Feb 2024 - 11:41
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QUOTE (MR UNLUCKY @ Wed, 28 Feb 2024 - 23:38) *
I CANT REMEMBER IF I GAVE MY DRIVING LICENCE NUMBER

It's rather critical. If you can't remember we definitely can't...

They state you didn't.

This post has been edited by Jlc: Thu, 29 Feb 2024 - 11:43


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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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Reentrant
post Thu, 29 Feb 2024 - 12:57
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Can't speak for Wales, but here (West Midlands) even if you give your DL number on the online NIP / S.172 response you also have to post a signed form confirming DL number and your current address to the Fixed Penalty office.
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andy_foster
post Thu, 29 Feb 2024 - 13:50
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The requirement under s. 75(8B) RTOA 1988 is to either satisfy th fixed penalty clerk of your identity, or provide your name, date of birth (and if you hold a licence, the licence number).

As UK driving licences incorporate the holder's date of birth, I would argue that if you have provided your UK licence number and name when paying, you have satisfied the requirements.



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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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Reentrant
post Thu, 29 Feb 2024 - 18:00
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Mr Unlucky isn't the first person to say they paid the £100 fine and supplied their DL number online, and later found the £100 refunded and a summons issued.

So it would seem at least some Fixed Penalty offices want something physical in the post, even though you no longer need to send in your actual licence.
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Jlc
post Thu, 29 Feb 2024 - 18:05
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QUOTE (Reentrant @ Thu, 29 Feb 2024 - 18:00) *
So it would seem at least some Fixed Penalty offices want something physical in the post, even though you no longer need to send in your actual licence.

Andy is alluding to the possible fact that cases are being sent to prosecution were the law has seemingly been complied with.

But this isn't a walk in the park to challenge.

This post has been edited by Jlc: Thu, 29 Feb 2024 - 18:06


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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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andy_foster
post Thu, 29 Feb 2024 - 18:27
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Partly that, and partly pointing out that any purported requirement for other details would appear to be ultra vires (aka bollox).

edit: In the instant case, if the OP can't recall whet he did or didn't do, I would suggest that this wouldn't be the case to take to the Strand.

This post has been edited by andy_foster: Thu, 29 Feb 2024 - 18:28


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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