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MagicShrooms
Evening Guys, First Timer Here.

Walked in from work tonight to find a SJP Waiting for me for an offence in April. I was caught by manned equipment going 47 in a 40, to which i plead guilty, I went online and viewed the photos which has me banged to rights so i thought nothing of it. Something i did pick up on was that the Equipment hadnt been re-calibrated within 2 years, but i read elsewhere that the laws had been changed and re-calibration wasnt going to win me the case so again i thought nothing of it.

After doing a little bit of digging elsewhere on the internet, i found articles from other websites/online lawyers that says i should have received this SJP:

A) within 6 months of the offence, of which im passed that date.
B) As well as a Written Charge, which im unaware of unless it has a different name but this is the only correspondance regarding this offence.

One last thing, The posting date on my letter says 22/12/17 which cant be right because thats still a week in advance, would a technicality like that be enough to get me out of it?

Thanks for any advice that comes along.
Logician
Let us take this in order; first of all you would have received a NIP and a request to name the driver, you looked at the website and the photo convinced you that it was you driving the car, yes?
You then returned the form naming yourself as the driver, yes?

What should then have happened was the offer of a course if you had not done one in the last three years, unless this was in Scotland, or failing that a fixed penalty. What did happen?
MagicShrooms
To be frank, i have used of a company van and there is literally only me registered on this one van, so photos or not, i can freely admit it was me driving.

I was issued a fixed penalty and points. I sent my license off as per procedure and that is the last i heard of it.


Apologies if im missing major details, but i genuinely dont know what/how much info you guys need.
BaggieBoy
So did your licence ever come back? If you on online on the DVLA website and check your driving record, does the (I assume) SP30 show up?
MagicShrooms
No my license never came back, i ended up ordering another one after a month and subsequently iv lost that one too so im going to have to re order a 3rd one (yayy)

Iv just checked my DVLA online and it shows one SP30 from 2015 when i was in scotland. But thats all iv got.
Logician
Did you make a payment for the fixed penalty? Has that come back? Did you ask anyone why your licence had not been returned? Did you just hope it had all been lost in the system and you would avoid points and/or a fine?
southpaw82
I think the reasons for the SJPN are peripheral at the moment. The central question seems to be whether the prosecution has been commenced correctly and in time.
BaggieBoy
So it sounds like it never reached them and so they eventually went down the SJP route.

Best you can do now is request a court hearing, plead guilty and ask the court to sentence you at the fixed penalty tariff.

QUOTE (southpaw82 @ Thu, 14 Dec 2017 - 21:31) *
I think the reasons for the SJPN are peripheral at the moment. The central question seems to be whether the prosecution has been commenced correctly and in time.

True.
MagicShrooms
Yes i paid the fine, and it was not returned, and no there was no hope of avoiding points/fine. if that was the case i wouldnt have paid the fine initially.

I committed the offence, but thats not the issue im bothered about, weve all been naughty.

I realize there are timelines on these things but 8 month seems excessive for 7 MPh for police action, does it not?
The Rookie
Ignore the amount over the limit, it's still a criminal offence.

The 7 months may mean the written charge and SJPN were not raised at the same time and within the 6 months they should have been.

Not sure why you just applied for a new licence and didn't chase them up?
Logician
Somewhere on the SPJN there is likely to be the date of the written charge, can you see that?
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