PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

SJPN received late, please help!
cmspeeder
post Fri, 18 Jan 2019 - 20:23
Post #1


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
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 6)
Advertisement
post Fri, 18 Jan 2019 - 20:23
Post #


Advertise here!









Go to the top of the page
 
Quote Post
peterguk
post Fri, 18 Jan 2019 - 21:12
Post #2


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


--------------------
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 18 Jan 2019 - 21:12
Post #3


Member


Group: Members
Posts: 41,503
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.
Go to the top of the page
 
+Quote Post
cmspeeder
post Fri, 18 Jan 2019 - 21:19
Post #4


New Member


Group: Members
Posts: 2
Joined: 18 Jan 2019
Member No.: 101,994



Sorry, what is the relevant traffic order ?
Go to the top of the page
 
+Quote Post
peterguk
post Fri, 18 Jan 2019 - 21:31
Post #5


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (cmspeeder @ Fri, 18 Jan 2019 - 21:19) *
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.


--------------------
Go to the top of the page
 
+Quote Post
Editing
post Sat, 19 Jan 2019 - 09:09
Post #6


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.
Go to the top of the page
 
+Quote Post
cp8759
post Sat, 19 Jan 2019 - 12:34
Post #7


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (Editing @ Sat, 19 Jan 2019 - 09:09) *
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
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 11:26
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here