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Single Justice Procedure Notice but no speeding ticket
73850
post Thu, 23 Aug 2018 - 15:48
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Yesterday, to my surprise I received a Single Justice Procedure Notice in the post for 2 charges. 1 for "speeding - exceed 30mph on a restricted road - manned equipment" (38mph in a 30mph zone) and 1 for "failing to give information relating to the identification of the driver/rider of a vehicle when required." This is the first I have known of this speeding offence.

To cut a very long story short I split with my ex-partner so temporarily moved out of the house I have with her. I didn't change the address on my car or licence as I didn't know how long I would be out of the house for, I was only in the next street and I still collected my post as well. I thought it was strange I received very little post in the time I was out of the house and now I have recently moved back into my house I have now received this SJPN so I can only assume the original speeding ticket and reminder letter were thrown away in the time I wasn't there if they were delivered at all. I realise it is my responsibility to notify the DVLA of any change of address but in this situation I didn't know where I was going to be residing from one week to the next and to my knowledge I was still receiving all my post.

The offence was back on 3rd March and with no picture in the letter I can't be certain if on this day I drove down the road the offence has been recorded on so I would like the opportunity to confirm it was actually me and not someone who has cloned my number plate but I am unsure how I should proceed through fear of making my situation worse and running up a huge fine.

I'm not for 1 second trying to get away with anything, I have been driving for 14 years and never had any points or offences at all so this letter requesting to plead 'Guilty' or 'Not Guilty' to 2 charges is pretty terrifying. If I have been speeding that is fine but I just don't know how to proceed and can't seem to find out any information to help either to be able to confirm if it was actually my car and me driving and to know what my options are or what the possible outcomes are.

So my questions are:
1. What does 'manned equipment' mean? I assume this is a police officer with a speed gun or a police van with a speed camera?

2. I can't plead guilty to speeding when I'm not certain it was my car and me driving so where can I get hold of the picture to confirm weather it was actually my car.

3. As I haven't had any motoring offences before I would of taken the option of the speed awareness course to avoid any unwanted licence points, but when I have phoned around Police numbers I have been told once it has been passed onto the prosecution service it can't come back to the fixed penalty and points/speed awareness course offer. So is there a way to contact someone to attempt to explain my situation and ask for the original option I never personally received or at least leniency and understanding? and stopping the court process which I am guessing runs up the cost handed to the guilty party.

4. With my current personal situation I'm already financially stretched so I'd like to know what are the potential fines/consequences at this point and if I can realistically hope to somehow get back to the original fine and speed awareness course without any penalty points?


Thank you in advance for any help and/or information with this.

A very worried motorist. sad.gif

This post has been edited by 73850: Thu, 23 Aug 2018 - 15:50
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post Thu, 23 Aug 2018 - 15:48
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Jlc
post Thu, 23 Aug 2018 - 16:00
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QUOTE (73850 @ Thu, 23 Aug 2018 - 16:48) *
1. What does 'manned equipment' mean? I assume this is a police officer with a speed gun or a police van with a speed camera?

Yes. There may or may not be pictures. Pictures are to identify the offence and the vehicle and not the driver, but they may have a clear shot...

QUOTE (73850 @ Thu, 23 Aug 2018 - 16:48) *
2. I can't plead guilty to speeding when I'm not certain it was my car and me driving so where can I get hold of the picture to confirm weather it was actually my car.

This is the crux of the matter. Are you suggesting someone else could have been driving or that it was a location unknown to you?

In the normal course of events you will have received the NIP and the s172 request to name the driver. The request will be presumed delivered to the registered keeper's last known address unless you can show otherwise - it will be unlikely you can do this.

You didn't personally receive the request so couldn't reply to it. However, it's not necessarily that straightforward - as it may be considered you contributed to the failure to receive the request by not updating the v5 to an address you could be easily contacted.

At the moment they cannot convict the speeding unless you plead guilty to it. But they can go to trial on the more serious s172 offence. If you fail to convince the bench then it's 6 points and a large fine.

Assuming it was a low end speeding offence then you should consider a 'plea bargain'. That is you offer to plead guilty to the speeding offence if they drop the more serious charge. To do this though, you will have to have been driving and will have to forget about challenging the offence itself (and the possibility of a clone etc.) Clones are rare.

Basically there's no point challenging the underlying offence when the (more serious) s172 offence is to be defended. If you subsequently plead guilty you can ask the bench to consider the guidance below to minimise the damage if a fixed penalty would have been available. Alternatively, you could take on the s172 defence but has a higher risk.

In all circumstances you will have to attend court unless you want at least 9 points by pleading guilty to both offences...

QUOTE (73850 @ Thu, 23 Aug 2018 - 16:48) *
3. As I haven't had any motoring offences before I would of taken the option of the speed awareness course to avoid any unwanted licence points, but when I have phoned around Police numbers I have been told once it has been passed onto the prosecution service it can't come back to the fixed penalty and points/speed awareness course offer. So is there a way to contact someone to attempt to explain my situation and ask for the original option I never personally received or at least leniency and understanding? and stopping the court process which I am guessing runs up the cost handed to the guilty party.

Forget a course or fixed penalty at the moment - neither are an option at court. (Other than one exception for a fixed penalty equivalent sentence that may be requested, where applicable)

QUOTE (73850 @ Thu, 23 Aug 2018 - 16:48) *
4. With my current personal situation I'm already financially stretched so I'd like to know what are the potential fines/consequences at this point and if I can realistically hope to somehow get back to the original fine and speed awareness course without any penalty points?

As 3, there is specific allowance in 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.


...but 3 points is the lowest unless you successfully defend the s172.

This post has been edited by Jlc: Thu, 23 Aug 2018 - 16:11


--------------------
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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