Single Justice Procedure Notice

[Elsunshino]

Please could somebody advice. I have been served with a SJPN for a mobile offence dated 27th May 2022. Received (NIP) dated 1st June2022 I responded to the first request asking for proof as me and my wife both drive the car but heard nothing. Received second (NIP) dated 17th July copy of 1st letter. I emailed the allegations and asked for proof. They emailed me a video of the incident which was sent in by a cyclist video Wife was in traffic and phone was on her lap. This video was sent to me on 23rd July 2022. I emailed back my wifes details on 9th Sept 2022 as they did not receive the 1st letter and i wanted to send the reply by recorded delivery but post office was closed for a week and thought easier to send details by email. Fast track to 5th Jan 2023, I receive SJPN with a charge date of 4th Jan 2023 stating that on 6th July 2022 i failed to provide driver information. Now looking at the 6 month time limit they seem to have got me 2 days before the 6 month has lapsed. But my question is where do they get 6th July from as i was under impression the police had 6 months from the date of the offence. I received the NIP on 1st June. There for i have 28 days to respond. This than takes it to 1st July. so is this not the date they have 6 months to charge me from. this the first time i have been in this situation so I am not sure exactly where i stand or should i just plead guilty and take the 6 points hit and £1000 fine.

[HandyAndy]

As explained elsewhere, the date of the original offence is immaterial. It is the date you failed to respond to the request for driver's details which matters. This depends on the date the request was deemed served on you which in turn depends on when it was posted. You need to get all these dates clarified before you think of defending the matter on the basis that the prosecution is "out of time". If the calculated offence date was indeed 6th July, 4th January is within time. BTW, you won't be fined £1,000.

[Elsunshino]

Hi@Handyandy i have replied with the details on the other thread. Thanks

[jamescheese]

Please could I have some advice? I was caught speeding - 38 in a 30mph in late July 22 in my wife's car. My wife was sent a NIP and we replied immediatley supplying my details as the driver. They wrote back saying we hadnt filled the form out correctly and replied again, amending our error - again sent back within 3 days of receipt (sent first class not recorded).
Yesterday (11/01/23) my wife received an SJPN charging her with speedning and failing to give information. It has either been lost in the post or not processed thier end. The only way to plead our innocence is go to court, which we really want to avoid. Can we plead guilty and state the above in mitigating circumstances?

[HandyAndy]

The usual way to deal with this situation (lost responses to a Section 172 request – for driver’s details) is to attend court and offer to plead guilty to the speeding offence on the condition that the S172 charge is dropped. That option is not available to your wife as she was not driving.

Her only option (other than pleading guilty) is to defend the s172 charge. Pleading guilty with mitigation will make no substantial difference to the outcome. The offence carries a minimum of six points and results in an endorsement code (MS90) which insurers hate.

What was the reason her original response was rejected?

[islandgirl]

Good advice. As someone who sits on these cases as a magistrate it will depend on whether we believe you posted either form. Always get a free cert of postage from the Post Office! Do you have a witness who saw you post it? Can you prove in any way that you did so? Not having proof will not necessarily be fatal to your case but anything you can do to back up your story will help you. Go to court. You will be helped by the Legal Advisor and it is not as awful as you think it will be!