Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form

[Gick]

Theclaw 123. As you will have realised by the above query from Honeybee, your post contained an important error that totally changed the meaning of what you were saying.

It is important that when dealing with legal/government matters, that you check and recheck, what you are writing. I have noticed that errors have appeared in your previous posts, be they typo's or missed words, so I would again urge you to check what you are typing before submitting. When writing something of true import, I find it best to compose in a Word document so as to be able to correct, add or delete as necessary, before 'copy and pasting' into the relevant box/form.

I can understand that you are under pressure, stress, due to current personal situations, so it is even more important to pause, take time to check and allow your brain to regather its thoughts when composing important replies; as the person on the other end of the communication is not interested in your personal situation, just what you are writing in relation to the offences disclosed.

[dx100uk]

17 hours ago, Man in the middle said:

So, your response was not received by the SCP as you did not send it with a valid stamp.

Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do:

Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful.

Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary.

If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 

read the above again carefully and respond as directed.

its all you will have to do then the situation is almost guaranteed to be rolled back to as if you'd only just received paperwork, regardless to them not receiving your completed NIP.

dx

[Theclaw123]

Thank You dx100uk i will do my best to fill in correctly as said previously this is and i am worried about the magnitude of it all and filling it in incorrectly

Gick i did not realise the error until it was pointed out to me is it the wrong stamp you mean? And apologies for typos or missed words I'm not trying to pull wool over anyone's eyes it's just my poor grammar. i''m not sure what you mean by errors ? they are unintentional and if there's changes it's because I'm only realising them as I'm getting advice 

 

[dx100uk]

you cant go wrong if you follow MitM post

its really easy.

dx

 

[Man in the middle]

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Also the SJNP notes say they sent a reminder i did definitely receive this if i did it would have prompted me to realise something was wrong and rectified.

No reminders are required by law. As a result of that, whether the police say they sent one or not, whether they actually did so or not and whether you received it or not has no bearing on the matter whatsoever. 

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I have to fill the form in online today so any more advice is gratefully received.

I have explained what to do in the third paragraph of my post #22. You don't need to do any more than that.

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i know you cannot say for certain but realistically by pleading the above what would be the most likely outcome be ?

is it still likely to be 3 points and £100 fine ? or am i likely to receive higher and more fees?

The most likely outcome is that your offer (to plead guilty to speeding if the FtP charge is dropped) will be accepted by the prosecutor. What happens next is for the court to decide. This "deal" is done every day in courts up and down the land and all court users (prosecutors, Magistrates and their legal advisors) are familiar with it. 

Although I said you could not ask to be sentenced at the fixed penalty level, that was incorrect. There is nothing to stop you asking (and if you do, you should mention it under "Mitigation" when you fill in your return). You can mention the circumstances you were in when you returned the request for driver's details and suggest that is why the error with the stamp may have occurred. 

My feeling, however, is that your request will be denied. If it is, you will face sentencing under the normal guidelines. These suggest a fine of half a week's net income (reduced by a third for your guilty plea.- so one third of a week's income). You will also be ordered to pay a "Victim Surcharge" of 40% of the fine and prosecution costs of around £90. You will also have three points imposed on your driving record.

You may be lucky and encounter a kindly Magistrate who settles on the fixed penalty equivalent or you may see something in between (with perhaps the prosecution costs left off). But the worst case is as in the previous paragraph.

There's no need to fret too much over this. The important thing is to make sure you plead not guilty to both charges and make it absolutely clear that you will plead guilty to speeding only if the other charge is dropped. You may be asked to attend court or it may be handled under the SJ procedure. I don't know how they work this matter in South Wales.

Edited May 22 by Man in the middle

[Theclaw123]

Thanks Man in the Middle and everyone it's greatly appreciated form was filled in online yesterday now just have to wait and see

[honeybee13]

Well done.   Please let us know how it goes or come back with any questions.

HB