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SJP notification sent to incorrect address
maverickhamster
post Tue, 23 Nov 2021 - 22:04
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Hello all,

I was caught speeding approx a year ago. No denying this, some mitigating circumstances (kids in the back wanting to get home fast to pee etc) but I don't deny my guilt - I was breaking the law.

I was caught by motorbike police officer with Lazer gun doing 53mph in 30 zone. I was about a mile away from destination, and it was in an area that went from dual carriageway with 50mph limit to a slip road at 30mph limit.I was read my rights, gave my driving licence to the officer and was told to expect something in the post.

This is the odd part where I'd appreciate some advice....

I didn't get anything in the post, and assumed I'd got lucky. Then almost 11 months after the incident I received a copy of my SJP that was directed by name to me but had been documented and sent to a completely incorrect address. The original SJP appears to have been issued within 6 months of the incident (by a few days) but I only received it 11 months later with a covering note to my correct address, with the attached copy of the SJP still showing a random and incorrect address.

Do I have any grounds to dispute this based on the fact that the SJP was issued to a completely incorrect address (not of my doing), and that it has now been sent to me 11 months after the incident? The deadline to make a plea appears to have passed (according to the copy of the original SJP) and I'm not clear on the next steps. The magistrate court is on also nowhere near where I live, presumably because of the incorrect address. Interestingly the incorrect address appears to have a similar postcode to mine but different letters, making me wonder if there has been some sort of transcription/lookup error when they initially did the paperwork.

I'm planning on engaging a lawyer for advice, as I'd rather not make any mistakes, and am curious to know whether I can have this dismissed based on not receiving the SJP within 6 months.

I have a clean license, no previous issues etc. Any suggestions on what options I have and likelihood of having this dismissed, versus receiving a ban / points & fine?

Thanks in advance.
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post Tue, 23 Nov 2021 - 22:04
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andy_foster
post Tue, 23 Nov 2021 - 22:24
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Proceedings have to be instigated within the 6 months. The SJPN must then be served without undue delay.

As you have chosen not to trouble us with any mention of a covering letter or who might have sent you the copy of the SJPN, or in what way it had been "documented", I will not speculate as to what stage the proceedings are likely to be at.


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maverickhamster
post Tue, 23 Nov 2021 - 22:43
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Ah, yes apologies for the lack of info re: covering letter.

The covering letter is from the Met Police - Traffic Prosecution Service titled 'Proof by Written Statement' CJ Act 1967 s9 MC Rules 1981 r790 dated a few days ago.

Simply states 'please find an enclosed copy of your SJP sent to postcode xxxx originally'.

The attached SJP is dated early June this year, incident late December 2020. Deadline for plea passed in July. No other correspondence received.

I've attempted to attach a redacted copy of the cover letter.
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The Rookie
post Wed, 24 Nov 2021 - 05:27
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Have you gone online and seen if you can still enter a plea?

Have you checked your licence to see if any points have been added?

It seems like they became aware they had the wrong address and proceedings may have been halted which is better than being found guilty in your absence.

Do you have any previous connections with the address it was sent (or at least addressed) to?


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maverickhamster
post Wed, 24 Nov 2021 - 07:10
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Thanks for the response.

Licence checked online - no endorsements/ changes.

Went to gov.uk/make-a-plea, the following comes up when I submit case no: "Unfortunately you cannot use this service as your time limit for making a plea has now expired.
You will receive a notification of the outcome of the hearing in due course"

No previous connections whatsoever to the previous address...

This post has been edited by maverickhamster: Wed, 24 Nov 2021 - 07:11
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The Rookie
post Wed, 24 Nov 2021 - 07:44
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In that case I'd suggest writing to the court, including a COPY of the letter and charge sheet you've been supplied and submitting your plea (Guilty presumably) and making it clear what your correct address is and see what comes back.

You didn't answer my question about the address used?


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maverickhamster
post Wed, 24 Nov 2021 - 07:55
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Hi - you may have missed it in my post, as mentioned no previous connections whatsoever to the previous address... I provided my driving licence when stopped by the police, so they have made a mistake.

Given that the charge has incorrect details of my address and the delay to notify me at my correct address is it possible to argue to have these charges dismissed?
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The Rookie
post Wed, 24 Nov 2021 - 08:01
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IMO, no. I don't believe defective service is enough to render their case untenable.


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maverickhamster
post Wed, 24 Nov 2021 - 10:28
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QUOTE (andy_foster @ Tue, 23 Nov 2021 - 22:24) *
Proceedings have to be instigated within the 6 months. The SJPN must then be served without undue delay.

As you have chosen not to trouble us with any mention of a covering letter or who might have sent you the copy of the SJPN, or in what way it had been "documented", I will not speculate as to what stage the proceedings are likely to be at.



I'm curious as to whether this scenario would be considered an undue delay?
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AntonyMMM
post Wed, 24 Nov 2021 - 10:39
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That would be for a court to decide - I think it is arguable point, but not likely to succeed ( especially in the magistrates court), you may have to take it higher on appeal.

Given the costs involved in a NG hearing, you have to decide on the risk you want to take.
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maverickhamster
post Wed, 24 Nov 2021 - 18:41
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Apologies, what's a NG hearing?

... So it sounds like the best course of action is to write to the court and just plead guilty? Any suggestions to help reduce potential penalty etc?
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The Rookie
post Wed, 24 Nov 2021 - 19:11
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NG - Not Guilty plea
Hearing - trial
If you lose a trial the prosecution costs which will currently be £85 will rise to £620 or more.


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maverickhamster
post Thu, 25 Nov 2021 - 11:57
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Thanks all for the feedback.

I appreciate it's hard to predict, but given that I will plead guilty, and i've previously had a clean licence, what should I expect for 53mph in a 30mph zone? (non-residential area / slip road off a dual carriageway etc). Is a ban likely or would this be points & fine?

This post has been edited by maverickhamster: Thu, 25 Nov 2021 - 11:57
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The Rookie
post Thu, 25 Nov 2021 - 13:20
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6 points and a fine of circa 150% of your weekly take home (less tax and NI only).


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Logician
post Thu, 25 Nov 2021 - 14:29
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QUOTE (The Rookie @ Thu, 25 Nov 2021 - 14:20) *
6 points and a fine of circa 150% of your weekly take home (less tax and NI only).


But a guilty plea will attract a 33% reduction in the fine, leaving it at 100% of your net weekly income, plus then a surcharge of 10% (min £34 max £190) and you will have to pay £85 prosecution costs.
A short disqualification is possible rather than points but unlikely.


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