SP30 - Single Justice Procedure Notice - advice on approach, guidance required - plead guilty by post of in person at court? |
SP30 - Single Justice Procedure Notice - advice on approach, guidance required - plead guilty by post of in person at court? |
Wed, 5 Sep 2018 - 13:18
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#1
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New Member Group: Members Posts: 2 Joined: 5 Sep 2018 Member No.: 99,728 |
Background - Got caught speeding 57mph in 40mph zone in April 2018. I admitted I was the driver, and paid £100 online and accepted 3 points,however being a twit I didn't read the full letter so didnt send my licence in the post.
A few weeks ago I got a refund email, and just few days ago I received a Single Justice Procedure Notice. I really hope the courts give leniency and just re-issue me a £100, 3 points and court costs, but need help on best way to go about this. 1 - What are the best chances / likelyhood of leniency of just £100, 3 points and court costs, do I plead guilty online/post or shall I plead guilty in court? 2 - mitigating section - this looks like it is just for the when pleadlng not guilty so will be be able to fill it out with brief explanation of my stupidness forgetting to send the licence or shall I send a covering letter to explain this? 3 - sure there are many people like me forgetting to send the licence, what was the outcome for you in terms of being allowed to pay the fixed fine or you had to pay the bigger fine? Look forward to hearing your advice. Regards, Daz |
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Wed, 5 Sep 2018 - 13:18
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Wed, 5 Sep 2018 - 13:29
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Can only but quote the guidance from the Sentencing guidelines:
QUOTE 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. -------------------- 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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Wed, 5 Sep 2018 - 13:47
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#3
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Plead guilty by post, the single justice may be feeling generous and sentence you at the fixed penalty rate, or s/he might regard the administrative difficulties in your case as not being outside your control in that they arise because you did not read the letter properly. Be contrite in the mitigation section and hope for the best. Unfortunately for you, your speed was over the minimum band, so following their guidelines the court should give you 4 points and a fine equal to a week's net income less a 33% discount from the fine for pleading guilty, plus a surcharge of 10% (minimum £30) plus costs of £85.
This post has been edited by Logician: Wed, 5 Sep 2018 - 13:48 -------------------- |
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Fri, 7 Sep 2018 - 08:14
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#4
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New Member Group: Members Posts: 2 Joined: 5 Sep 2018 Member No.: 99,728 |
Thanks guys I will write up a accompany letter this weekend and plead by post.
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