Single Justice Procedure - Speeding Offence, Advice on mitigation letter Options

[ticktok]

Hi Pepipoo Members,


I already have 3 points on my license and have already attended a speed awareness course (Received 3 tickets in 1~ month).

Due to moving home and other things I have failed to respond to one of these offences and have now been issued a Single Justice Procedure Notice.

I am intending to plead guilty, however as the offence of speeding carries an endorsement and and the failure to supply identification carries an endorsement I am worried I could possibly be banned from driving.

I have prepared a mitigation letter for the courts. Could you please provide some advice on how it looks or any additional advice you could offer as to what I should do?


Dear Sir,
I would first like to offer my sincerest apologies for the associated offence (URN: XXX) and in order to reduce the courts time plead guilty to my speeding offence. I accept full responsibility for my actions on that day, I was going through a difficult period in my life and was struggling to get up on a morning. This continued for some months but as of today I can thankfully say that I am in a much better place.

Further, in regards to the charge of failing to give information relating to the identification of the driver I must again offer my sincerest apologies. During this time I was in the process of moving home. Whilst I accept this is no excuse, it was an extremely busy period of my life and somehow I had failed to see that I had received correspondence from Cleveland Police. Had I seen such correspondence I would have responded promptly and accordingly.

To evidence this, I would like to highlight that since the incident occurred I have received a similar speeding offence (REF: XXX) and fully cooperated with Cleveland Police during the process. Following this offence I was offered the option to attend a speed awareness course, which I attended and completed on 20th January 2020. Since completing the course I consider myself to be fully rehabilitated and wholly understand my responsibilities as a driver. I am determined to not re-offend and will also be seeking additional courses I can under-take in order to become a better and safer driver.

I would also like to add that I currently work a minimum of 37.5 hours at XXX as well as being enrolled as a student at XXX University. I rely heavily on the use of my car and it would be almost impossible for me to maintain my job and studies should I be banned from driving.

As I currently have 3 endorsements on my license I would be most grateful if you could take the above into consideration and extend some leniency.

Thank you for your time and consideration.

Sincerely,
XXX

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[ticktok]

Hi All,

So I've sent back my SJPN form pleading not guilty. I will wait for their correspondence in regards to a court date.

Can anybody provide me with a walk through of what I should expect on the day?

As I understand, I should arrive at court early and seek out the prosecutor before the hearing to discuss the deal. If the deal is accepted then all is well and good and I just need to follow the process through.

However, if the deal is not accepted, it is my understanding that I should still plead not guilty. It is from here that I am unsure as to what happens next.

Will the hearing be referred to another court or will I need to defend the charges there and then?
is it likely they will only proceed with one of the offences?


Some help around what happens next would be appreciated.

This post has been edited by ticktok: Mon, 27 Jan 2020 - 11:52

[NewJudge]

In the unlikely event of the deal not being accepted simply maintain your NG pleas to both charges. The FtP matter will then be listed for a trial at a later date. The speeding matter will be discontinued either on the day of your first hearing or at the trial hearing (you cannot be convicted of speeding as they've no evidence you were driving). Then come back on here with the precise details of why you failed to respond (date of notices, date of moving, etc.) to see if you have realistic chance of successfully defending the FtP charge. The main thing is not to plead guilty to speeding unless you have an assurance that the FtP charge will be dropped.

[ticktok]

Ok. I will report back to let you all know how it goes.

From reading a few threads on here I think my defence in regards to the FTP charge is lacking as moving home doesn't really cut it?

Defence points I have are:

1. Royal Mail never delivered the letters, they were in union talks at the time so performance among employees may have dropped.
2. I have since the offence received correspondence from the police force and responded accordingly, which demonstrates my credibility.

[southpaw82]

1. Royal Mail never delivered the letters, they were in union talks at the time so performance among employees may have dropped.

What is the relevance of this?

2. I have since the offence received correspondence from the police force and responded accordingly, which demonstrates my credibility.

I doubt there will be much argument as to whether you actually received the notice in time or not. What is more likely to be in issue is whether it was not reasonably practicable for you to provide the information required. However, none of this is relevant if you successfully “do the deal”.

[ticktok]

1. Royal Mail never delivered the letters, they were in union talks at the time so performance among employees may have dropped.

What is the relevance of this?

2. I have since the offence received correspondence from the police force and responded accordingly, which demonstrates my credibility.

I doubt there will be much argument as to whether you actually received the notice in time or not. What is more likely to be in issue is whether it was not reasonably practicable for you to provide the information required. However, none of this is relevant if you successfully “do the deal”.

I know its clutching as straws, I was just thinking of reasons as to why I didn't have sight of such letter. I can only assume it wasn't delivered and nor was the reminder.

[southpaw82]

I can only assume it wasn't delivered and nor was the reminder.

Why isn't it more likely that they were delivered and you simply didn't get them?

[ticktok]

Just to provide another piece of information, I spoke with a solicitor today and explained my story, pretty much gave me the exact advice i'd received on here except he thought I should plead guilty to speeding on the SJPN and write in the mitigation that I never received the correspondence and wasn't trying to avert justice. He felt they would most likely drop the failure to give information charge by giving them a guilty plea to speeding.

I think its a little risky as it gives away any potential bargaining power as you have kindly pointed out on here.

I just thought it was worth sharing his evaluation.

This post has been edited by ticktok: Tue, 28 Jan 2020 - 10:52

[666]

Just to provide another piece of information, I spoke with a solicitor today and explained my story, pretty much gave me the exact advice i'd received on here except he thought I should plead guilty to speeding on the SJPN and write in the mitigation that I never received the correspondence and wasn't trying to avert justice. He felt they would most likely drop the failure to give information charge by giving them a guilty plea to speeding.

I think its a little risky as it gives away any potential bargaining power as you have kindly pointed out on here. As i'd be attending court regardless pleading not guilty to both seems the better advice.

I just thought it was worth sharing his evaluation.

It's more than a little risky. I hope he didn't charge you for that advice.

[The Rookie]

We have seen people that do that and have the FtF dropped.

We've also seen the case adjourned for the FtF trial and them end up with 9 points.

Overall the risk isn't worth it IMO. Doing it on the basis it's 'likely' they will drop it wouldn't satisfy my risk acceptability criteria!

[ticktok]

Just to provide another piece of information, I spoke with a solicitor today and explained my story, pretty much gave me the exact advice i'd received on here except he thought I should plead guilty to speeding on the SJPN and write in the mitigation that I never received the correspondence and wasn't trying to avert justice. He felt they would most likely drop the failure to give information charge by giving them a guilty plea to speeding.

I think its a little risky as it gives away any potential bargaining power as you have kindly pointed out on here. As i'd be attending court regardless pleading not guilty to both seems the better advice.

I just thought it was worth sharing his evaluation.

It's more than a little risky. I hope he didn't charge you for that advice.

No, it was just a free consultation.

[nosferatu1001]

As pointed out, youre trying to avoid a hearing by doing thsi, and the time off needed to attend the hearing. The problem is, that the time off for a hearing is relatively small compared to the pain of 9 points
FTF is *horrible* as a code. MS90 will ikely see your insurance double or more for 4 years.

Takw the hit. Go to the hearing. Do as suggested. We've never seen a non-snarky offer of a deal turned down.

This post has been edited by nosferatu1001: Tue, 28 Jan 2020 - 13:17

[ticktok]

Hi All,

Due to Covid-19 this has been pushed further and further back.

I just wanted to check if the guidance received in this post is still valid?

Many Thanks,
Ticktok

[NewJudge]

Yes.

[dumbdriver92]

Good luck, OP. I am facing a similar one, except there's two charges of speeding and two of FtF. Am going to plead not guilty as advised on here and am going to make the offer to the court in the hearing. It is online, which I am a bit nervous about, as I won't be able to speak to a physical person but I am keeping my fingers crossed it's okay.
Keep telling myself that it could be much worse and that it's only money at the end of the day. Not like I've killed anyone but it still makes me feel so bad.

[ticktok]

Good luck, OP. I am facing a similar one, except there's two charges of speeding and two of FtF. Am going to plead not guilty as advised on here and am going to make the offer to the court in the hearing. It is online, which I am a bit nervous about, as I won't be able to speak to a physical person but I am keeping my fingers crossed it's okay.
Keep telling myself that it could be much worse and that it's only money at the end of the day. Not like I've killed anyone but it still makes me feel so bad.

I know the feeling. Its been awful having this hang over my head for so long. Good luck with your case, i'm sure it will be fine if you follow the advice on here.

[ticktok]

So I am due in court tomorrow and very anxious. I was just wondering what type of questions the prosecutor will ask when I make my case for the FTP charge to be dropped?

[TMC Towcester]

No-one can know!

BUT if you (in a single sentence) spell out that you will 'fess up to the speeding if they are willing to drop the FTF the answer is pretty much 'yes' or 'no. We've yet to hear of a 'no'.

If s/he asks why you didn't respond, just be honest and say you overlooked the seriousness of it in amongst other 'life stuff'.

[ticktok]

Just want to say thank you to all the advice received on here.

It was a busy day in court but discounting the wait, the whole process took no longer than 5 minutes.

Upon arriving the usher took my name to confirm I was present and I kindly asked if it would be possible to speak to the prosecutor before the hearing. Fast-forward around two hours and the prosecutor called me over to have a talk and advised me to make it quick.

I cant have been sat down no more than 30 seconds before the prosecutor accepted my offer, no questions asked. I was then called into the hearing, which lasted around 5 minutes to run through the charge and submit my plea. Again, other than to confirm my name etc.. No questions asked.

3 points and a total fine of £280~ including court fees etc..

This post has been edited by ticktok: Fri, 23 Apr 2021 - 11:54

[NewJudge]

Excellent result. Thanks for the feedback.

[The Rookie]

Good result, well done.