Single Justice Procedure Notice

[Parki79]

Hi,

Just received a Single Justice Procedure Notice in the post relating to a minor speeding offence in the Summer, 48 in a 40.

At the time I received 2 Speeding ones for the same 3 lane dual carriage way on seperate days. The road used to be 50, and parts of it are now 40, oversight on my part but it is what it is. I acknowledged the forms and sent them back to say I was the driver and such.

I then got the 2 letters, one for each. One had an offer of a speed awareness course attached which I wanted to do. After a phone call it was decided I could not take this option as the DVLA still are renewing my license. This had been ongoing for months as I am on a medical license and there has been huge delays with these and something I tried to chase up but was informed I just have to wait. I gave it the 30 days just incase it arrived in the time, but then reluctantly paid both the fines on the last day.

I had sent emails to the email address on both forms saying I had not received my licence back from the DVLA but I am still allowed to drive. Overall I have sent 4 emails. I had tried to phone the only number on the form many times but it was constantly engaged, so assumed the emails were read. I assumed I didn't get a reply as I had queried things as I felt it was unfair I couldn't do the awareness course later when my license had arrived and I am being treated different under the disability discrimination act.

Since then one of them they have just refunded my fine and the day after the procedure notice arrived. I have also just received my license after several months, and it shows the date it was issued as this week also.

I spoke to the central ticketing number again and they said I cant repay and now send my licence off as it is out of their hands now. I have just sent it off for the other one though.

Do I plead Guilty? I am guilty of the offence but I have never disputed that, but I feel there has not been any understanding along the way and I could not have done more than what I have to comply. This is causing my blood levels to bounce around, and I feel I have been victimized as I am classed as having a disability all be it hidden. Has anyone any advice? Surely the courts have better things to do, this is surely something that could be easily resolved in one conversation than wasting everyone's time. When I found the number for GMP ticketing, they tell me the best way is to email them and provide the email address I have already sent 4 to.

[islandgirl]

As I understand it only the first offence would have had an offer of an awareness course. A second offence within 3 years would not. You can ask for the option of the course but it will not cost you any less - the only difference is you will end up with 3 points instead of 6. I may be wrong but I see this as administrative issues rather than discrimination. You could try speaking to the court?

[HandyAndy]

Once a SJPN has been issued the police or ticket office will no longer have any dealings with the matter. It does no harm to ask them to revert to either a course or Fixed Penalty now that you have your licence back, but it would be very unusual for them to back track. One thing that would move this from unlikely to unlikely in the extreme is the length of time between the offence and now. They will not offer either a course or fixed penalty beyond four months from the date of the offence.

The court has no power to offer a course. You should respond to the SJPN by pleading guilty but you should add that because of administrative problems outside of your control you were not able to accept a Fixed Penalty offer. You should go on to ask that the court sentences you at the FP level (£100 and 3 points). They have specific guidance which suggests they should do this in your circumstances:

“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.”

As an aside, you are not being treated differently because you have a disability. To do either a course or accept a fixed penalty you must produce your driving licence. Many people go through periods where they don’t have them for various reasons and this means they will be in just the same position as you. The offer of a course or a FP is entirely at the discretion of the police and you have no right to either. But the Magistrates’ guidelines I mentioned above ensure that if a matter does hit court when it otherwise might not have, the driver is not disadvantaged. Together with a decent lawyer you might get somewhere taking an action against the police under the Disability Discrimination Act but I doubt it. You certainly will get no change in the Magistrates' Court because, provided the guidelines above are followed, you will not have been disadvantaged as far as they are concerned.

[Parki79]

I suppose my main issue overall is the fact I had informed them on numerous occasions on the email contact that I would not be able to provide my license for the points until it had arrived. I had already admitted defeat and paid the fine within the timeframe for it to be refunded a month later. Rather than go to court I would be willing to repay the fine if possible and I can actually send my license in now. I just think it is unreasonable on their part to not take my circumstances into account and that I was waiting for my physical license to be returned. I would have felt less aggrieved if I hadn't informed them, but going to court over something which could easily be sorted in a conversation seems unreasonable. I have sent my license off now for the other ticket I had at the same time, and I did pay both fines on the same day.

Do you feel at court if I provided the email evidence of me asking them what I need to do as I do not have a physical license and then after I had paid the fine, of that I would not be able to send it off to add the points as it still had not arrived is suitable? And also proof of originally paying it before the refund? I feel by me informing them off the issue that extra time and a little understanding should have been applied. In this situation it just so happens then only had to wait for a couple more weeks.

My thing with the disability discrimination act was more relating to them not having a procedure flexible enough to cover the burden of people with 2 year licenses and how long they take due to the DVLA and NHS taking a while to do their part. I am frustrated not to be able to do the Awareness course, but I was more than happy to pay the fines in the given time, it was a side complaint I suppose.

I presume I plead Guilty now, and then use the above as my reasonings?

[HandyAndy]

I presume I plead Guilty now, and then use the above as my reasonings?

Yes. The court and the fixed penalty processes are entirely separate. The SJ will be interested to hear of the difficulties you had which meant you were unable to accept a fixed penalty, but only insofar as it will enable a decision to be made about sentencing you at the fixed penalty equivalent level rather than in accordance with the normal sentencing guidelines. The fact now is that court action has been initiated and it is very unlikely that the police will reverse that, even bearing in mind the events you have described. Best to concentrate your efforts by engaging with the court process as I have suggested and forget about the fixed penalty offer as it has now lapsed and is unlikely to be resurrected.

You do not have to attend court (in fact you cannot attend an SJ hearing anyway). Simply explain, when returning your SJPN, what has happened but do not get bogged down by complaining about what you think should have happened but did not. You can provide copies of any documents which show you had a fixed penalty offer and the efforts you made to accept it. In the unlikely event that the SJ does not sentence you at the FP level you have a further avenue of redress open to you. You can ask the court to reopen your case under s142 of the Magistrates' Court Act. They have the power to do this then set aside the original sentence and re-sentence you, though you may have to attend court in this eventuality.

I understand your frustration at the position you are in. It is of little comfort, but with the state the DVLA is in at present, you are far from alone. However, you have a remedy which should not be too painful to achieve.. .

[Parki79]

I accepted the fixed penalty and paid the fine, but as I didn't send my license in the 30 days to have the amount refunded it will be classes as not paying the fixed penalty.

As you say I will concentrate and make a well worded statement explaining the events and all my best efforts. I I will provide copies of the emails I had sent to cto.enquiries@gmp.police.uk, I even got the automated replies to say they had received my correspondence and a reply will be received in due course. I informed them I had paid the fine but was awaiting my license and would forward on the moment it arrived. The paperwork gives me 3 options, Guilty I do not want to come to court, Guilty I do want to come to court, and not guilty. So I will fill out the Guilty I do not want to come to court. I presume I then tick the box for Prosecutors costs and contest those and explain my reasons why. It is a small box so is it a case of writing see attached and then put in my evidence and a letter explaining the events? Then see what the punishment is in writing before I decide if it is fair.

That is my frustration as if my license had arrived a bit earlier a lot of this would be avoided. The fact I will need to re-apply for a license every 2 or 3 years, hopefully things will improve as I wouldn't like to wait 6 months each time. I suppose I am unhappy the GMP polices are not flexible enough to allow for this over a pretty minor offense.

Many thanks for all your time. I was just worried about the potential costs as I have limited funds at the moment with a young family. Really appreciated.

[HandyAndy]

If you simply plead guilty and ask to be sentenced at the fixed penalty level (citing the guidance I have provided) costs should not be imposed (the prosecution would normally ask for £85). The court cannot avoid imposing the minimum "Victim Surcharge" of £34 so they get round that by imposing a fine of £66. Don't over-egg the pudding in your response. There is a danger the important point will be missed. Simply say you were offered a FP, could not comply with it as you did not have your licence, provide a copy of relevant documents (the offer you received and your efforts to comply). That should be sufficient.

[islandgirl]

But nothing is certain. Some mags I know would take a dim view of 2 offences so close to each other. The above is certainly the ideal scenario.

[HandyAndy]

Some mags I know would take a dim view of 2 offences so close to each other.

Indeed they might. But that should not influence their decision about whether to sentence at the FP equivalent. If one was not offered or not taken up for reasons unconnected with the offence and which were outside the control of the offender, then the guidance should be followed. If it is not the defendant would have grounds to have the sentence reviewed either via s142 or an appeal to the Crown Court.

[islandgirl]

It is a matter for the court on the day at the time. If you are correct then the legal advisor will give the mags that advice. The way the VS is dealt with etc will be interesting to see. Hopefully the OP will come back and tell us.

[Parki79]

Thanks all I will plead guilty and just give them the reasonings why I could not return the license in the timeframe and show that I had paid the fine, and communicated with them about awaiting my license.

I got 2 tickets the day after each on the same camera. It is a section of 3 lane dual carriageway that briefly goes from 50 to 40, so completely my fault. The other one has been dealt with though and is not an issue. Fine paid and I sent my license off when it arrived. This one got refunded and the situation I now have. I fully accept the points and the fines though as my own fault.

[islandgirl]

Twice in 2 days is nothing - I have had motorists in court caught on a camera in new roadworks with 8 or more offences over a few days! Hope all goes well - please do come back and tell us what happens.

[Parki79]

They have recently changed that small section from 50 to 40 and I had been so used to the road as I used to use it daily that I just completely didn't notice, strangely in my 20 years of driving they would be my only points too.

I absolutely will keep you informed. Thankyou for the help and advice, put my mind at ease somewhat as I at least know what I need to do, and I have the ability to do something about it if I feel the decision is unfair.

[Parki79]

Just thought I would give an update.

The court clerk fined me £320 for this which I felt was totally unfair, and had to come up with the money at short notice and pay inbetween. I made an official complaint to Greater Manchester Police who said they followed procedure, but could not manage to explain to me what I should have done differently to get a better outcome, even though I couldn't apply to the fixed penalty due to measure outside of my control.

I wrote to Andy Burnham (Mayor of Greater Manchester) and they took up my complaint. Within a week of this they agree to re-present my case to the Courts. It was re-presented and I had to pay the £100 - Was around 66 Fine and the rest was the costs, but happy with that as I never diagreed with the fixed penalty and I felt it was my right to have the same.

This was not the end of this, as the courts put the points on my license twice and despite my several phone calls assuring them they owed me money, were constantly trying to pursue me for the £100, but all eventually sorted with a refund of the difference.

I am a bit miffed that the courts kind of admitted to not reading any of the paperwork I supplied originally, I was on the understanding that it would be dealt with fearly, rather than the clerk making a random judgement without taking my circumstances into account.

GMP have admitted they have discriminated against me and said they would be making me an offer. I am not interested in that, just wanted fairness and someone to actually read through my complaint. In all of this actually speaking to me would have pretty much avoided everything early doors.

[HandyAndy]

Just for information, the "court clerk" cannot impose a fine. It must be determined by a Magistrate.

That aside, whoever imposed it did not follow the guidance I posted a few months ago and if it had not been corrected you would be entitled to have the matter re-visited, preferably under s142 of the Magistrates' Court Act.

Glad it all came out in the wash (eventually) but you do seem to have been put through a lot of aggro for something that should have been straightforward. Thanks for letting us know the outcome.