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Received two SJPNs for same offence

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  • Received two SJPNs for same offence

    I was caught speeding my an officer (excess of 20mph). I provided my details.

    As expected I got an SJPN just before 6 months elapsed.
    I had the paperwork on my computer desk, thinking I’ll complete it before the deadline.

    A week or so later, I got another SJPN. It was for the same exact offence. Same road, same date/time , same car, same speeding. The same statement by the officer. I thought they might have sent it twice by mistake. As everything seemed the same.

    Anyways, I went to plead guilty online using the details on the SJPN that was originally on my desk. I got an email confirmation. Shortly after, I get a letter saying the magistrate has decided to endorse my license with 6 points and fine of £1k (including other costs).
    It also said do not send the licence to the court. DVLA will contact you if they need it.

    I paid the fine online and again get an email confirmation.
    I looked online my DVLA licence and seen it had been endorsed by 6 points with the correct offence.

    I thought the matter was dealt with. Prior to the 6 points, I have held a clean licence since I passed driving 10 years ago. No other convictions too. I have also done no speeding since that incident.

    7 weeks pass by and I get a letter from the court saying I have been summoned to court regarding disqualification for the same offence and have given me a court date to attend. (Same car, same date/time, same road etc). I am confused.

    However, one thing I noticed is the URN on this summons letter is different to the URN I had on the SJPN when I pleaded guilty despite it being the same offence. it is possible the second SJPN I got was with the URN that is on the court summons letter.

    I don’t have both the SJPNs with me as I stupidly threw it away after I got my conviction 7 weeks ago and paid the fine.

    what do I do now?

    Tags: None

  • #2
    Why didn't you mention that you had received 2 SJPNs in the other forums where you've raised this. It always helps to give all the facts and it finally goes some way to explaining what has happened. The two different URNs indicate that two prosecutions have been raised for the same offence (if indeed it is the same offence). You need to contact the court.

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    • #3
      Because I only noticed when I realised the URN and then clocked that I do recall getting two posts and it might not have been a duplicate.

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      • #4
        I am a bit confused because if you are likely to be banned you would be asked to come to court surely not just sent the 6 points? Or does the court think you now have 2 x 6 points = 12 so liable for a ban?

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        • #5
          I am not entirely sure what has gone on. I did try contacting the court but no one is answering, so I have just sent an email.

          In august I was stopped by an officer for speeding.

          The SJPN I received first was the one I pleaded guilty too online; as there was option to do so. The result of which was posted to me saying the magistrate has decided to endorse me with 6 points and also fine me about £1k. My licence has been endorsed (the date on the licence is for the date that I offended) and I also paid the fine about roughly 7 weeks ago.


          The referral to court regarding disqualification only was posted to me on Friday. It’s also dated 27/04/22. The charge is same one I have got 6 points and a fine for. The same road, same date, same car etc.

          It was only when I looked at the URN number (for the letter sent to me now) and compared it to the URN on my email when I made a plea online I noticed the last two letters were different. The rest of the numbers were the same.

          Then I recalled that I do remember back in February I received two SJPN a week apart. I looked at both of them and it was for the same charge also the officer statement was identical. My details were also the same. At the time I thought they might have sent me the same SJPN twice and therefore only responded to the first one I received. However, now thinking about it maybe the two URNs were different regardless of it being for the same offence. I don’t have the SJPNs with me other than a photo of the first SJPN I got.

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          • #6
            I just wonder if the system thinks you have 2 x 6 points which would make you a "totter" liable for a 12 month ban - to be banned you have to come to court which is perhaps why you have this date now.

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            • #7
              I am a bit confused because if you are likely to be banned you would be asked to come to court surely not just sent the 6 points? Or does the court think you now have 2 x 6 points = 12 so liable for a ban?
              It's probably because of totting. It seems that two prosecutions have been raised. The first has been dealt with by way of six points. Apparently the second has now reared its ugly head. The SJ dealing with that was no doubt mindful of the guidance which suggests that where the choice of points or a ban is being considered then points should be imposed if the result makes the defendant a "totter."

              Another issue which has since crossed my mind is that if there were two SJPNs and the OP only completed and returned one, the second one (which received no response) should have had a Not Guilty plea entered by the court and gone to trial. The OP should have received notification of that trial date but doesn't mention it.

              In any event a ban is being considered, hence the invitation to court. The only way to solve this is to contact the court or the police prosecutor to establish why two prosecutions have been raised for, from what we are told, appears to be a single transgression.
              Last edited by HandyAndy; 3rd May 2022, 11:15:AM.

              Comment


              • #8
                I just spoke to the courts and it appeared that two different people had my files and indeed I was prosecuted twice for the same offence. The lady said that the prosecutor may decide to dismiss the second case or decide the first case I have been sentenced to will be cancelled and carry on with the second one.

                The prosecutor also said a mistake occurred where I was sent it twice for the same office but will contact me back so just awaiting their call.

                Just for my own knowledge if I have already had my case dealt with by having 6 points and a fine (decided by the first court ) back in March, are they then allowed to cancel that and make me go along with the second case instead? (The one where a ban is being considered by a different court). As it appeared that’s what the lady on the phone suggested could happen.

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                • #9
                  ... are they then allowed to cancel that and make me go along with the second case instead?
                  No they are not allowed to do that. You have been prosecuted for the offence, convicted, sentenced and you have paid the fine. You cannot be prosecuted for it again. A second prosecution is unlawful. You should not co-operate with a second conviction in any way because, apart from anything else, I was surprised you were not banned for 47 in a 20 and six points is a good result.

                  You need to keep in touch with the court to find out what is happening, in particular what they propose to do about removing the second conviction from your record. Did you respond to the second SJPN or did you simply bin it?

                  Comment


                  • #10
                    Update:

                    At the start of the month, the met prosecution did not contact me back. I emailed both courts. The first court replied back (CC’ing the second court) stating I was sentenced and it looked like it was a duplicate. The second court did not reply to either my email or to the email the first court also sent them asking for a response.

                    Few days later I emailed the second court again saying it was urgent as the court date was looming. Again no response.

                    I phoned the met prosecution services who initially said would contact me back. They apologised and said they’ll withdraw the case as it was an error and did not have to go court.

                    I thought the matter was dealt with it.

                    However, now I received a letter from the second court banning me for 6 months from driving and fining me nearly £1k.
                    I checked online DVLA and see my points now say 0. It says there are two sp30s. One for 6 points which is the one the first court issued. The second one says 0 points issued by second court.
                    Then under disqualification it states TT99 banned for 6 months for totting up. This was issued by the second court. But I did not receive 12 points in 3 years?

                    I phoned the court but no answer initially. I emailed the second court again stating I have constantly reached out to them but each time have been ignored. They also had the first court email them stating my offence was dealt with back in March.

                    I finally got through on phone call to someone from the court. She apologised and put me on hold whilst she spoke to someone from the second court. She got back to me stating it seems like it was a duplicate but they’ll contact me soon. In the meantime I have to obey the driving ban. Also I may have to come to court to appeal it.

                    Where do I stand here?
                    I was relying on driving to commute to work but now cannot for a mistake that was made by someone else. The police admitted to me on phone my case went to two officers hence the duplicate. I reached out constantly to the second court who would not reply to any of my emails. I also spoke to met prosecution who told me they withdrew the case when in reality it had not been.

                    Comment


                    • #11
                      You need to contact the court which disqualified you and ask for the case to be re-opened under s142 of the Magistrates' Court Act. Do this by e-mail and follow it up with a letter addressed to the Clerk to the Justices. Emphasise the urgency of the situation and ask for an immediate hearing. At that hearing you will need to provide the details you have outlined here.

                      Comment

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