Single Justice Procedure Non submission of license

[Oklahoma]

Hi all, thanks for adding me to the group.
i have just received a Single justice proceure notification because i stupidly didnt submit my driving license to HMCTS when i received a speeding fine. My fault, i paid the fine imediately upon receipt of the conditional offer, but didnt read the small print about submitting my license. I didnt think it was necesary anymore because it is all electronic and i had to complete my licence details on the form.
Anyway, whilst looking into this i discover that the law changed on 30/11/2022 when point 94 of the Police Crime, sentencing and courts act came into force. Point 94 is the removal of requirement to deliver up license where a conditional offer has been made. However i further read that not all forces have enacted the change and still insist on licenses being submitted, it seems the police force in question is one that has yet to get thier act together and make the necersary changes to thier procedures.
So my question is, do i have a defence? It seems unfair that i should be penalised because the police havent changed thier procedures to comply with the law.
many thanks for any help or advice.

[PallasAthena]

Something to be aware of with new Acts of parliament is that not all the sections come into force on the day the Act becomes law. In most new legislation there is a section called 'Commencement' that says when the various sections come into force. In the Police Crime, Sentencing and Courts Act it's s208 that says when the various bits of the Act come into force. For s94 it says it only comes into force when the Secretary of State makes Regulations bringing it into force, ie s94 did not start on the day the Act started (In April 2022 I think).

So s94 may not have come into force yet.

[PallasAthena]

Apologies Oklahoma I found the Commencement Regulation which says section 94 came into force 30 November 2022 and realised that you already knew that and put it in your post.

Hopefully someone can advise you what to do next. Presumably if the prosecuting authority won't drop the prosecution your option is to plead not guilty for the reasons you state. Have copies of the Commencement Regulation available for the court.

[Manxman]

Oklahoma - you are right that you no longer need to physically send your licence in, but you do still have to provide the licence details they ask for on the COFP form.

Did you do that?

And has the fixed penalty amount been refunded to you?