Penalty notice letters not received.

[Guest]

good afternoon.

i happened across your forum while searching “how to compose a mitigation plea”. I hope you can help with my situation and any replies are accepted with great appreciation.

my daughter has received a Single Justice Procedure Notice in the post.
she lives at home and myself my wife and her know we have not received any previous nip letters.

she is charged with travelling at 79 in a 70 limit (RR84018)if we’d recieved a nip letter maybe it would have offered her a drivers awareness course instead of points on her license.
In addition to the speeding charge she is now being charged with fail to give info (RT88567).

she has a clean license and has had no points or convictions in 7 years of driving.
she would be willing to accept the 3 points if necessary but, I’m hoping we can formulate a mitigation letter that might allow her to do an awareness course.

If anyone is willing to help us I’d be grateful for any advice you can offer us.
yours sincerely,
steve.

[ploddertom]

Has she asked the Court to what address inc postcode everything was sent to? When did she last change address?

[Biker00]

Thank you for the quick response.
She has not addressed the court as yet, we are currently drafting a mitigation plea, obviously today’s letter had her correct address and she has lived at this address for the last 10 years.

[ploddertom]

If she has had no change of address then she may have a struggle. They would have taken her address originally as having been the Registered Keeper of the vehicle at the time the offence occurred and it is this she needs to establish first. If the address is incorrect then it could just be a case making a declaration to this effect.

You need to be very careful trying to mitigate a speeding offence as you could leave yourself open to other charges. One of the objects of SJP is if you are "guilty" then you have an opportunity to admit it and receive a lesser punishment and thus save Court time. If on the other hand you want to defend yourself but are subsequently found "guilty" then you may face a much steeper punishment.

[Biker00]

Thank you again for your response.

She is going to plead guilty to the speeding charge as it’s more than likely the case. She is not going to contest that charge.

However , the later charge of ‘fail to give info’ carries a heavier punishment and is unfair as she had not received any request to provide information. The recent SJP is the only one she has received.
We know this to be true as my wife and I check the post daily.

I was enquiring for help as to what she should write in her plea notice to the above effect.

once again, thank you very much for time and knowledgeable input. It is greatly appreciated.