SJPN Advice

smg010280

Hi all,

I was clocked speeding at 44mph in a 30 zone back in July. I admitted the offence, paid the fine and submitted my licence details. Or so I thought.

I received a SJPN through the post over the weekend, as evidently it seems that the licence details were never received.(I recognise this could just sound like BS, but is genuinely the case)

My understanding is that the court summons effectively replaces the Fixed Penalty Notice, so I should be pleading guilty to the offence and stating my mitigating/administrative issues. Obviously I now wish I'd sent it as recorded mail. 

I had two quick questions, one, just checking my understanding of the above is correct?
And second, any views on whether I should attend in court? (this is something I need to state on the SJPN). I am minded to attend, and "state my case" in person. The 3pts for this offence will take me to 9pts, and so I am just uber nervous of any additional points!

And yes, I need to take heed. I genuinely have been driving so much more carefully since July, and think the penny has finally dropped on my need to slow down!!

Thanks in advance
Steve

TooManyPoints

Your understanding is correct. 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 can ask the court to consider sentencing you at the fixed penalty level when you respond to the SJPN by explaining what has happened and making that request in the “mitigation” section. The court is not bound to agree to your request but they usually will if they accept that it is simply a matter that your licence details were lost in the post.

The difference in making that request at a personal appearance is that instead of having one magistrate (the “Single Justice”) to persuade, you will have to convince two of the Bench of three  (unless the court is presided over by a District Judge sitting alone).As far as sentencing goes, if the court does decline your request, the normal sentencing guidelines suggest a fine of one week’s net income (reduced by a third for your guilty plea), a surcharge of 40% of the fine and costs of around £90. As far as the points go, the lowest band of seriousness for speeding in a 30mph limit only extends only up to 40mph, for which the recommendation is 3 points. The next band is from 41 to 50mph and the recommendation is 4 to 6 points. Whilst it is not a purely mathematical calculation, 44mph should see you with 4 points, possibly 5, but definitely not six.

In the very unlikely event that the SJ considers six points is appropriate, since this will make you liable to a ban under “totting up”, you case will be adjourned to a hearing in the normal magistrates’ court which you will be invited to attend. The SJ will not ban you in your absence.

Of course if you fancied a gamble you could plead not guilty and defend the charge on the basis that you had complied with the conditions  and requirements of the fixed penalty offer by paying the £100 and submitting your licence details. The law (Road Traffic Offenders’ Act, Section 76) says that no proceedings shall be taken against anybody who has fulfilled those requirements. The difficulty you will have is proving you submitted your licence details. In the event you are convicted, whilst there will be no difference in the number of points imposed, you will lose your one third discount for a guilty plea and the costs will rise from about £90 to a minimum of £650. Somehow, though, I imagine you will not fancy that!