Further steps notice received without prior correspondence

[Omar123]

Hi there,

So yesterday I received a letter in the post from greater Manchester accounts and enforcement unit, stating I owe them £816. This was received on the 10th of jan, dated the 3rd of jan and gives me 10 days from the date to make payment.

At first I was a unsure at what it could be for, but then I remembered that in may 2020 I received a NIP&RDI for a speeding offence, which I filled out and returned as I was driving the car at the time of offence. I have checked my license and there is 6 points on there.

What do I need to do next? I’m a bit p****d off that I haven’t received any correspondence after I returned the RDI and that the fine has probably increased and I have lost my chance to appeal.

[HandyAndy]

You have almost certainly been convicted in your absence of “Failing to Provide Driver’s Details” (FtP). This would result in a fine of £660, £66 “Victim Surcharge”, £90 costs = £816. Plus six points. For this to have happened it means that your response to the request for driver’s details was not received.

If you knew nothing of the proceedings, you need to contact the court to make a “Statutory Declaration” (SD). This will have your conviction set aside and the police will have to take fresh proceedings against you. In most cases, provided the driver and the person on whom the request for information was made are one and the same, the driver is “dual charged”, that is, charged with both speeding and the FtP offences. If so, it is quite common to be able to negotiate with the prosecutor to offer to plead guilty to the speeding offence on the condition that the FtP charge is dropped.

The court must accept your SD if it is made within 21 days of you becoming aware of the proceedings and may accept it later, though they would not refuse to accept it if the only reason for a delay was there being no court time available. In many areas SDs are being accepted over the phone and you should contact the court where you were convicted asap. Depending how they operate in Manchester, you may be asked at the same time to enter a fresh plea. It is at that point that you should make your offer. In the unlikely event that the offer is declined, plead Not Guilty to both charges and return here for further advice.

You need to make every effort to have your matter reverted to speeding. The FtP conviction will see an endorsement code (MS90) on your record and this is an endorsement that insurers hate. If left, it will see your premiums rocket for up to five years.

[Omar123]

The 6 points on my license are for SP30 speeding offence, and it’s states that their was a £660 fine as well. Would this imply that they did receive my RDI and have since convicted me of the speeding offence?

How do I find out which court and how to submit the SD? I presume it will be Manchester magistrate court? I have tried to contact greater Manchester accounts and enforcement unit but had no luck.

If I get fresh proceedings against me, can I then mention possible mitigating circumstances to lower the points/ fine for the speeding offence?

[HandyAndy]

The 6 points on my license are for SP30 speeding offence,

Ah that's different. What was the speed/limit? It looks like you have been convicted and sentenced at the top band of seriousness (the seriousness is dependent on the speed/limit). The guideline for this is the same as for a FtP conviction - a fine of 1.5 week's net income (using a default of £440pw if the court has no information about your means) and either six points or a ban of up to 56 days. The good news is that insurers do not view an SP30 endorsement in quite the same way as they do an MS90.

It would imply that they got your driver nomination (otherwise you could not have been convicted of speeding). The normal response to that (assuming your speed was too fast for a Fixed Penalty) would be to issue a "Single Justice Procedure Notice." informing you of court action. I assume you did not get that and that you did not enter a plea (the fine would have been reduced by a third if you pleaded guilty).

Whether you want to perform a SD depends on two things:

1. The speed and the limit. Tell me what it is and I well tell you whether it fits into the top band of seriousness.

2. Your income. If it is more than £660pw you will be better off to let sleeping dogs lie. . If it's less than that you will be better off having the matter revisited. For every £10 below £660 your weekly income is, you will pay £11 less in fines/surcharge/costs until you get to £340 pw. Then it becomes £1 for every £1 lower your income is because the minimum Victim Surcharge is £34.

What mitigating circumstances do you have in mind?

[Omar123]

I got caught doing 66 in a 40 by a mobile speed camera van, just before a motorway. Which is annoyingly in Band C by 1mph.

The only correspondence I have received was the initial NIP&RDI and then the further steps notice. I have spoke with Greater Manchester accounts and enforcement unit and they have confirmed it was settled in my absence through a single justice procedure.

My income is roughly £700 per week before tax, so what fine could I be expecting? Would there be any leeway as I’m only just in band C?

Mitigating circumstances are quite soft, a key worker rushing to a key national infrastructure site. I get that it’s not really a reasonable excuse.

[Omar123]

The accounts and enforcement unit also confirmed I need to either submit a SD or go down the the S165 route, not too sure of the latter, with HM courts and tribunals

[HandyAndy]

On that income you would pay a fine of £700 (£1,050, reduced by a third for a guilty plea), £70 Victim Surcharge, £90 costs, so £860. As I said, income more than £660 will see you pay more. Sentencing for speeding is quite prescriptive and the court is unlikely to depart from the guidelines.

The accounts unit probably means Section 142 (of the Magistrates' Court Act). This allows the court to reopen a case and to alter or set aside any part of the sentence imposed "in the interests of justice". From the info you have given it does not seem worthwhile and you could end up slightly worse off.

[Omar123]

So because of the seriousness of the offence, it will always go to a court therefore that’s why surcharges and costs are added?

How do the courts get net income information? Do I have to give this to them so they can issue the required fine? Or will it just be the standard £660 with the opportunity to reduce this by a third with a guilty plea?

I take it I still need to submit an SD, and then plea guilty when it’s reviewed.

[HandyAndy]

So because of the seriousness of the offence, it will always go to a court therefore that’s why surcharges and costs are added?

Yes. Once it gets beyond the speed where a Fixed Penalty is offered (65mph in a 40mph limit) court action will be taken and you will be subject to the normal Magistrates' sentencing guidelines. Unfortunately, the lowest speed for court action is also the beginning of the highest band of seriousness. So because of the structure of the guidance, for offences in 40 and 50 limits, as soon as your case goes to court you are automatically subject to the top penalty.

How do the courts get net income information? Do I have to give this to them so they can issue the required fine? Or will it just be the standard £660 with the opportunity to reduce this by a third with a guilty plea?

When you enter plea you should also complete a "Means Form" giving details of your income. Only if the court has no details of your means will they use the default income of £440pw.

I take it I still need to submit an SD, and then plea guilty when it’s reviewed.

It depends if you want your sentence reviewed. As I've explained, if you do nothing the demand for £816 will remain. If you have the case revisited (either by performing an SD or having your case reopened under s142) the sentence will be reviewed. I've just noticed you've stated your income as before tax/NI. Sorry only just noticed that. It is your net pay (after tax and NI) that will be used to calculate the fine. The fine should be week's net income, plus 10% for the Victim Surcharge, and £90 costs. If you make that calculation you can decide whether or not to have the case revisited.

[Omar123]

Ah so that changes things. My net weekly pay of roughly £500 would mean a fine of roughly £640, so it’s probably best to get an SD issued and the case revisited. I take it the points are what they are as it’s a highest banding offence?

[HandyAndy]

Correct. Yes, it's six points I'm afraid.

[Omar123]

SD with guilty plea for the speeding offence referred to the magistrates court, and the court will contact me within the next 3 months for the sentence review. Thank you very much for you help, it’s much appreciated!!

[HandyAndy]

You're welcome. Good news.

Did you provide details of your means? You may do well to "forget" unless they press you. If they have no information they will use £440pw but if you tell them you earn more than that.....