Single Justice Procedure v Fixed Penalty Notice

SunnySide

Single Justice Procedure notice dated 12 September - deadline 3 Oct - no Fixed Penalty Notice ever received - does this matter? 

Date of alleged offence 27 March 2022 - 48mph in a 40mph limit.

The original Notice of Intended Prosecution letter dated 20 June 2022 was sent to me as I’m the usual driver of the vehicle in question - I lease the car, which probably explains the delay in me getting the NIP.  I returned the driver's details promptly and well within the required time frame. 

The actual driver then received a Notice of Intended Prosecution letter dated 4 July 2022 requesting her details and she returned her details in response to this letter within the 28 days limit. 

However she then received a Final Reminder letter dated 11 August 2022 stating that the timeframe had expired and again requesting her details, even though she had already submitted them within the timeframe as requested.  She again returned her details in response to this letter within the 7 day limit.

She has now received a Single Justice Procedure notice dated 12 September - deadline 3 Oct.

However she was never sent a Fixed Penalty notice.  My understanding is that she should have been sent a Fixed Penalty Notice within 6 months of the alleged offence.  She has instead been sent a Single Justice Procedure notice and my question is should she plead not guilty on the basis that the original NIP and the subsequent ones were out of time, and that she never received an FPN?   Or should she plead guilty and state all of this in mitigation? (Basically if she had received the various notices in good time she might have been able to opt for a speed awareness course but the notices arrived too late for her to take up that option, and if she had received an FPN she would probably just have paid the fine and accepted the points, but again she never has that option). 

Umkomaas

As we major on private parking tickets here, PePiPoo will be your best bet for police tickets. Register there but please note that a hotmail address won't work - try using a throwaway gmail account instead if you do have trouble registering and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=5

Have a read through some of the other threads and use their NiP Wizard there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the police (both sides, if appropriate) as they need to see all the small print.

You definitely need PePiPoo advice on this.