Speeding FPN, paid but failed to return licence for endorsement - now court paperwork.

[HONEYBEELADY]

Hi All

 

My husband received a Fixed Penalty Notice for driving 35mph in a 30mph.   

Paid the fixed PCN and thought nothing more of it.   

 

Was a genuine error in not sending off photocard driving licence (husband was looking for temporary Xmas work at the time and only had driving licence as proof of photo ID as does not have valid passport. Tried to use old passport in a couple of applications, but was was rejected as being out of date).  Should have sent back by 31/12 and court paperwork was issued yesterday 3/1/23. 
 

At the moment, my husband has steam coming out of his ears as was a genuine error - he fully accepts the offence of speeding, as evidenced by payment of the fine. 

He is pleading guilty, but wants to go to court,  because he think it's petty he's being prosecuted for not returning 'a bit of plastic' rather than plead guilty by post/online. 

 

 We've filled out mitigation, saying it was a genuine error, fully accepts he was speeding, paid the PCN at the time,  and not a deliberate attempt to prevent endorsement of licence.  Only realised the error when received the court paperwork.  I was going to include in the mitigating statement the bit about him applying for jobs, but my husband doesn't think that will make any difference. 

He's completed the statement of financial circumstances - he doesn't work (I am the main earner) and not on any benefits as taking a break from work.   Question - on the form there is a section to include partner's income - we have not entered my income.  Will it cause problems later down the line if we don't disclose that information at the outset?   

I'm trying to persuade him pleading guilty by post - my fear is that he could end up making matters worse by going to court.   

Interested in people's thoughts - can they decide not take it to court once they've read the mitigation, even though my husband as requested he attend?  

Thanks for reading!

[Badtimes123]

Hello and welcome to CAG.

 

Someone knowledgeable will be along soon to give you guidance. Please be patient.

 

As far as disclosing 'partners income' - I would suggest it is filled out as requested as it's court paperwork and you should be honest upfront, perhaps I'm wrong, but should this be questioned at a later date I suspect that would reflect badly.

 

All the best with this

 

BT

[dx100uk]

you include spouses income but it wont be taken into account.

 

dx

 

 

 

 

dx

[HONEYBEELADY]

Thanks @dx100uk for the reply.   I will amend the form. 

[dx100uk]

go read that thread i posted above.

 iknow its confusing but it does explain things

 

i'll find a better one soon.

 

when was the FPN issued and has he recently seen the money refunded to his payment source?

 

dx

[HONEYBEELADY]

Hi, many thanks.

 

Does help to explain and I get why the paperwork is issued.

 

I guess I was looking for advice re going to court when he is pleading guilty and offered mitigation.

 

I dont see how it's going to help.

 

Paperwork was only received today, dated 3.1.23. 

No refund as yet - payment was made on my card, I guess it may take a few days. 

Also wondered what possible fines could be applied given he is not working and not in receipt of benefits. 

 

The FPN was originally issued in October and fine paid on 6/11/22. 

Deadline form for returning licence was 31/12.

[Man in the middle]

Quote

Interested in people's thoughts - can they decide not take it to court once they've read the mitigation, even though my husband as requested he attend?

 

No they cannot. He has an absolute right to have a personal hearing and the "Single Justice Procedure" (SJP - under which his case will be initially dealt with) provides for that right.

 

That said, a couple of things need clarifying. He has not received a FPN. He has received a "Conditional Offer of a Fixed Penalty". It may sound pedantic, but the difference is important. One of the conditions of the offer is that he submits his licence in the required timescale. He didn't do that so the offer was withdrawn and he now faces prosecution.

 

Going to court instead of allowing the matter to be dealt with under the SJP will not make matters worse (but see below), but it is unlikely to make them any better. Magistrates have guidance which allows them, in some circumstances, to sentence at the Fixed Penalty level. It says this:

 

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."

 

Whilst this problem has been caused by "administrative difficulties" they were, of course, far from being outside the control of your husband. He actually caused them.

 

My advice would be to plead guilty, allow the matter to be dealt with by the SJP and ask that the court considers sentencing him at the FP equivalent. The above guidance could be mentioned together with the acceptance that the error was entirely his fault.

 

A kindly Single Justice may take pity on him or may "split the difference" by fining him £100 but imposing costs. But if he attends court and starts ranting about the injustice of it all he will receive short shrift. 

 

Magistrates know that these mistakes happen. They have no wish to excessively punish people for what are simple administrative oversights. The court is entitled to sentence him in the normal way but if he makes a request along the lines I suggest I believe that will provide the best chance of a favourable result.

[HONEYBEELADY]

Thanks so much @Man in the middle for taking the time to respond. Really helpful.

 

My husband has decided to enter a guilty plea without a court hearing.

 

We've now typed up and amended the mitigation to take account of the points you raise. 

 

Thanks again and will update on here once we get the result from the court.  

[Tony P]

Maybe post up here his proposed mitigation statement. Others with experience in these matters may have suggestions for improving it to hopefully obtain a better outcome.

[HONEYBEELADY]

Thank you @Tony P  @Man in the middle   Here is the proposed wording for the mitigation:

 

I wish to offer the following in mitigation.  I accept that I am guilty of the offence of speeding and agreed the penalty as laid out in the original paperwork issued by Norfolk Constabulary as can be evidenced in the Process Timeline and via payment of the fine on 06/11/2022.   
 

The failure on my part to return my photocard driving licence within the time specified was a genuine administrative oversight on my behalf and not a deliberate attempt to prevent the necessary checks.   During the period in question, I was actively seeking temporary employment prior to Christmas, which necessitated physical checks of my photocard licence as this is my only valid photographic proof of identity.  I also believed the endorsements to my licence would be completed electronically; however, I realise this was an error on my part.  It was only when I received the paperwork on 04/01/2023 that I realised the  mistake and immediately offered my guilty plea under the Single Justice Procedure.
 

 I refer to guidance which allows Magistrates to sentence at Fixed Penalty equivalent “where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender”.  I accept the administrative difficulties have been caused by my mistake for which I apologise. I have never sought to dispute the original offence of speeding and I respectfully request the court considers sentencing at the Fixed Penalty equivalent. 

[Man in the middle]

I think that's an excellent response. It covers all the important points and includes a bit of humble "grovelling"!

 

It might help your husband lose some of his anger if he realises that under the fixed penalty legislation the police have no choice but to launch a prosecution when a driver neglects to send in his licence. There is no provision for reminders or anything like that. But I understand his frustration.

 

That said, I think it's very wise of him to allow this matter to be dealt with under the SJP. There is a danger - especially for someone who was "steaming" as you described he was - for their feelings to get the better of them and in court that will do him no favours at all. Responding remotely and calmly, as you have done, removes that risk and is more likely to secure a favourable outcome.  

 

Cases handled under the Single Justice Procedure are dealt with by a single Magistrate sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else is present. But the powers of that Magistrate are the same (with a few exceptions) as a normal bench of three Magistrates.

 

You should bear in mind that following my advice by no means guarantees success. The SJ may well decide to sentence in accordance with the normal sentencing guidelines as he or she is entitled to do. However, as I said earlier, there should be no reason why some slack should not be given in these circumstances and I think the approach you have taken provides the best chance of that coming about. Certainly better than hubby losing his rag with the Magistrates. 

 

Do let us know how it goes. It helps when advising others in similar circumstances.

[HONEYBEELADY]

Thanks @Man in the middle for the advice.  Papers will be sent by Recorded Delivery tomorrow.   Will keep you posted on the outcome.  Thankfully he has calmed down now and realises the calm and collected approach will, fingers crossed, provide for the best outcome.  

May thanks  

 

[dx100uk]

open

 

dx

 

[HONEYBEELADY]

Hi

we finally have an update on the single justice procedure. 

 

It took over 2 months to get the paperwork back from the court, however the result was £90 fine (cost of the original speeding fine) plus £40 costs and a £16 victim surcharge.  So, best outcome we believe in the circumstances.   

 

By way of a side note, my husband spoke to a local MP about the process of having to return licences for physical checks when so much is now done online. He didn't disagree with my husband's viewpoint! 

Ps thanks to all for advice 

[honeybee13]

Thank you very much for coming back and letting us know. Your information will help future caggers.

 

I'm pleased for you that you think it's the best outcome you could have hoped for.

 

HB

[Man in the middle]

thanks for letting us know. A decent result. The figures don't quite make sense, especially the Victim Surcharge, but no matter. A bit heavier than it might have been, but considerably less than if he'd attended court still steaming!  

 

You may be interested to learn that for offences committed after last November (the 30th, if I remember correctly) it is no longer necessary to submit one's licence when accepting a Fixed Penalty).