PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

sjp after 6 months of being caught speeding
sass
post Thu, 27 Apr 2017 - 21:12
Post #1


Member


Group: Members
Posts: 26
Joined: 27 Apr 2017
Member No.: 91,688



Hi
I was caught doing 78 in a 60 but due to me being in a transit van the speed limit is reduced to 50.
I was caught on the 10/10/16 and received the section 172 on the 21/10/16
I posted back saying I was the driver of the vehicle
I have heard nothing more until today 27/04/17 with a pack containing single justice procedure
From being caught to receiving this pack is 6 months 3 week
I was under the impression they had 6 months to charge me
can someone confirm the situation for me
Kind Regards
paul
Go to the top of the page
 
+Quote Post
4 Pages V   1 2 3 > »   
Start new topic
Replies (1 - 19)
Advertisement
post Thu, 27 Apr 2017 - 21:12
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Thu, 27 Apr 2017 - 21:21
Post #2


Member


Group: Members
Posts: 33,889
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



Receiving the SJPN after 6 months isn't necessarily an issue. Have a read Here - the date of the written charge is the one you need.


--------------------
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
sass
post Thu, 27 Apr 2017 - 21:52
Post #3


Member


Group: Members
Posts: 26
Joined: 27 Apr 2017
Member No.: 91,688



Hi
I have only had 1 letter from them on the 21/10/16 asking me to confirm I was the driver
I think it was a NIP form (notice intent prosecute)
Is that the date I need, if so it is still out of the 6 months
Thanks
Paul
Go to the top of the page
 
+Quote Post
southpaw82
post Thu, 27 Apr 2017 - 22:01
Post #4


Member


Group: Members
Posts: 31,139
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



The relevant date is the date on which the written charge was issued. At the same time, the prosecutor will have had to issue the SJPN and inform the court.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
sass
post Sat, 29 Apr 2017 - 09:45
Post #5


Member


Group: Members
Posts: 26
Joined: 27 Apr 2017
Member No.: 91,688



Hi
The charge authorised by prosecuting team manager was on the 02/03.17

The posting date for issuing the SJPN was 26/04/17

Do you think I have a case of just admit guilty and go to court.
Thanks
paul
Go to the top of the page
 
+Quote Post
Logician
post Sat, 29 Apr 2017 - 10:01
Post #6


Member


Group: Members
Posts: 12,646
Joined: 28 Mar 2010
Member No.: 36,528



It seems you may have a case. I think it would be helpful if you would post here a copy of what you have received, having redacted your name and any other identification.


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



Go to the top of the page
 
+Quote Post
BaggieBoy
post Sat, 29 Apr 2017 - 10:06
Post #7


Member


Group: Members
Posts: 6,532
Joined: 3 Apr 2006
From: North Hampshire
Member No.: 5,183




With a SJPN there is no court to go to. If you plead guilty, they will either impose the sentence and inform you via post or possibly schedule an actual court appearance if a ban is likely to be imposed. If you plead not guilty it will automatically be rescheduled to a full court date.

This post has been edited by BaggieBoy: Sat, 29 Apr 2017 - 10:06
Go to the top of the page
 
+Quote Post
southpaw82
post Sat, 29 Apr 2017 - 10:59
Post #8


Member


Group: Members
Posts: 31,139
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



There's an argument that it's out of time. Not only must the written charge be issued in time but the SJPN sent as well. I'll do the relevant law later when I'm not typing on my phone.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
southpaw82
post Sat, 29 Apr 2017 - 12:28
Post #9


Member


Group: Members
Posts: 31,139
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



Right...

The power to commence proceedings by written charge is contained in s 29(1) of the Criminal Justice Act 2003. By virtue of s 29(2) the prosecutor, at the same time, had to issue a requisition. Following recent amendments s 29(2) now says that at the same time as issuing a written charge the prosecutor must also issue either a requisition or a single justice procedure notice.

It would appear that the written charge was authorised in time but not issued until after the six months had expired - based on the requirement to issue it at the same time as the SJPN, which was issued out of time. Alternatively, the written charge was issued in time but the SJPN wasn't issued at the same time and hence the correct process under s 29 hasn't been followed and it is now (arguably) too late to cure it.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
Logician
post Sat, 29 Apr 2017 - 12:55
Post #10


Member


Group: Members
Posts: 12,646
Joined: 28 Mar 2010
Member No.: 36,528



So, perhaps a letter along the lines of:

With reference to the Single Justice Notice Procedure posted to me on 26th April 2017, I should be glad if you would let me know the date of issue of the associated written charge. If this was the same date as the SPJN, it is more than six months from the date of the alleged offence and therefore out of time. If it was earlier and within the time limit, then the correct procedure under s.29(2) Criminal Justice Act 2003 has not been followed and the case cannot proceed.


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



Go to the top of the page
 
+Quote Post
southpaw82
post Sat, 29 Apr 2017 - 15:41
Post #11


Member


Group: Members
Posts: 31,139
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



Which police force is it?


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
sass
post Sat, 29 Apr 2017 - 19:31
Post #12


Member


Group: Members
Posts: 26
Joined: 27 Apr 2017
Member No.: 91,688



Hi
I have attached the witness report and the first 2 pages of the SJPN

This post has been edited by sass: Sat, 29 Apr 2017 - 19:39
Go to the top of the page
 
+Quote Post
andy_foster
post Sat, 29 Apr 2017 - 20:15
Post #13


Member
Group Icon

Group: Life Member
Posts: 20,975
Joined: 9 Sep 2004
From: Reading
Member No.: 1,624



QUOTE (sass @ Sat, 29 Apr 2017 - 20:31) *
Hi
I have attached the witness report and the first 2 pages of the SJPN


I beg to differ.


--------------------
Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
Go to the top of the page
 
+Quote Post
sass
post Sat, 29 Apr 2017 - 20:25
Post #14


Member


Group: Members
Posts: 26
Joined: 27 Apr 2017
Member No.: 91,688



Must of got pulled over while in transit

Here they are now laugh.gif
Go to the top of the page
 
+Quote Post
sass
post Sat, 29 Apr 2017 - 20:37
Post #15


Member


Group: Members
Posts: 26
Joined: 27 Apr 2017
Member No.: 91,688



Hi
Cannot post witness report as I have used up my upload allowance but all the dates are on the SJPN report
Go to the top of the page
 
+Quote Post
Gan
post Sun, 30 Apr 2017 - 07:02
Post #16


Member


Group: Members
Posts: 22,678
Joined: 23 Mar 2009
Member No.: 27,239



That's because the file you've already posted is about 20x larger than it needs to be

Scan the documents at a sensible resolution - about 800 x 1000 - and host them at tinypic
See the FAQ for instructions
Go to the top of the page
 
+Quote Post
sass
post Sun, 30 Apr 2017 - 08:59
Post #17


Member


Group: Members
Posts: 26
Joined: 27 Apr 2017
Member No.: 91,688



Hi All

Thanks for the advice on attachments.

Attached is the 2 documents I have been sent

Please advise on what you read.

Logican Is the proposed letter ok to send you posted yesterday

Thanks in advance
Paul
Attached File(s)
Attached File  Speed_Witness.pdf ( 658.74K ) Number of downloads: 343
Attached File  Speed_SJPN.pdf ( 506.21K ) Number of downloads: 357
 
Go to the top of the page
 
+Quote Post
Logician
post Sun, 30 Apr 2017 - 09:47
Post #18


Member


Group: Members
Posts: 12,646
Joined: 28 Mar 2010
Member No.: 36,528



QUOTE (sass @ Sun, 30 Apr 2017 - 09:59) *
Logican Is the proposed letter ok to send you posted yesterday Thanks in advance Paul


As far as I am concerned it is, having looked at the documents you posted, but I was hoping that others would comment



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



Go to the top of the page
 
+Quote Post
sass
post Mon, 1 May 2017 - 10:32
Post #19


Member


Group: Members
Posts: 26
Joined: 27 Apr 2017
Member No.: 91,688



Southpaw82 It was the north Yorkshire police force

Has anyone else got any comments to add before I do the letter

Thanks in advance
Paul
Go to the top of the page
 
+Quote Post
agtlaw
post Mon, 1 May 2017 - 13:05
Post #20


Member


Group: Members
Posts: 40
Joined: 17 Mar 2011
Member No.: 45,185



The proper response isn't a letter. You should enter a plea.

This post has been edited by agtlaw: Tue, 2 May 2017 - 19:54
Go to the top of the page
 
+Quote Post

4 Pages V   1 2 3 > » 
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: Sunday, 9th August 2020 - 16:49
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.