Single Justice Procedure-speeding. Paid my fine and sent my license details by post but received SJP

Norman6819

In August last year I was caught by a speed camera in Cornwall exceeding a 60 mph speed limit by 11 mph. I received the NIP and accepted the Conditional Offer of Fixed Penalty, paid the £100 fine online using the government portal and posted my license details using the form provided - all with the 28 day time limit.

Last Friday I received the SJP. I immediately rung the court and after explaining my situation, they suggested that the Police probably did not receive my license details and suggested I contact them to determine the reason. They also suggested that, if that were the case, I could present mitigating circumstances and explain that I took all reasonable measures to comply with the Conditional offer and ask for this to be taken into account.

I rang the Police and they confirmed that they had not received my license details which confirmed my position. This is frustrating because you have to supply your license details when you complete the NIP and when you make your Fixed Fine penalty payment on the government payment gateway.

My question is this, what is the best way to handle this?; and has anybody had a similar experience that they can share the outcome with. 

I appreciate that my details have been lost but would leniency by the courts be shown and/or would this even get to court after I present my mitigating circumstances?

Any help and advice would be greatly appreciated.

Thanking you in advance.

TooManyPoints

The matter will get to court, however you respond. Now that proceedings have begun it is out of the hands of the police and your response will only be seen by the court (at least initially, and probably solely if you plead guilty).

You should respond to the SJPN by pleading guilty. If you say nothing you will be sentenced in accordance with the normal sentencing guidelines. However, Magistrates have guidance which says this:

"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."

You need to respectfully ask the court if they will sentence you in accordance with that guidance, explaining that you sent your licence details as required. You can either do this by making your request in writing when you respond to the SJPN and allow your case to be concluded under the "Single Justice" procedure, or you can ask for a hearing in the normal Magistrates' Court and make the request in person when you get there.

Norman6819

Many thanks @TooManyPoints. Your response post is very helpful. Reference the Magistrates guidance, is there a link you can point me to so I can review to and make a reference to the guidance code number, etc? 

Thanks again. Its really helpful.

TooManyPoints

There you go:

5. Penalty notices – fixed penalty notices and penalty notices for disorder – Sentencing (sentencingcouncil.org.uk)

You shouldn't need to reference it as all court users (Magistrates and their Legal Advisors in particular) will be aware of it.

Addicted2pole

Hi

Norman6819