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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80426
Experience:  Over 5 years in practice
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I've received three Single Justice procedure Notice, in

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Hello
JA: Hi. How can I help?
Customer: hi there
JA: Hello. How can I help?
Customer: I've received three Single Justice procedure Notice
JA: Where are you? It matters because laws vary by location.
Customer: in london I got Fixed penalty x3 (because 3 times speeding at the same place 26mph at 20mph) in last December
JA: What steps have you taken so far?
Customer: and I've made the payments for all of them, but I wasn't aware that I need to send my driving licence to the Conditional Offer Unit, until today I saw a copy of letter explained that they got the payments but I didn't send my driving licence within the time
JA: Anything else you want the Lawyer to know before I connect you?
Customer: would be a free advice? or do I need to pay?

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

what is your question about this please

Customer: replied 1 year ago.
Hi I've been charged with motoring offences (exceed a 20 mph limit) by met police. I made the payments requited but was't aware that I need to send my driving licence to Conditional offer unit, until today I've received the Single Justice Procedure Notice (3 package, because I made the same mistake of speeding at the same place 3 times). How should I proceed? Thank you very much. Regards, Shuofei

Ok, no problem.

What would you like to know about this?

Customer: replied 1 year ago.
Thank you for your reply. Based on your experience, would it be possible, if I explain to them that I wasn't understand the requirement fully, they would possibly withdraw the notice? If not, for the notice, I can make a plea, should I plea for guilty (motoring offences) or not guilty? thank you very much

Thanks for the information.

Can you give me 20 mins to dictate an answer.

Customer: replied 1 year ago.
sure, thank you very much in advance.

Thanksfor the information and the time.

I am sorry but I cannot give you good newsthen. I’m afraid you arein difficulty here.

These fixed penalties are an invention of thepolice. They don’t exist in law. They certainly weren’t provided for by Parliament. The purpose of them is to divert cases fromcourt.

The reality is that, come what may, they didn’t getyour licence so couldn’t add points. Irealise that wasn’t your fault but that doesn’t change the fact. They haveturned to a summons because they only have six months to lay an information orthey will be time barred.

The question is whether you have a defence to thesubstantive charge. If you were going toaccept the FPN then I suppose not.

If you plead guilty thoughand mitigate on the basis that you tried to accept but failed for whateverreason then they may give you a fine of £85 and the surcharge of £15 plus 3points. I have seen magistrates do thatmany times. It can’t be guaranteedthough.

There is one option thatyou could try; I think you were thinking of it anyway. Write to them and declare your ignorance andmake clear it was all your fault and ask them to let you accept the FPN. They can do it when it suits them.

I'msorry this isn't the answer you wanted but it is the position that you face andI have a duty to inform you truthfully.

Hopethis helps. Please let me know if you need more information.

Jo

Customer: replied 1 year ago.
Thank you very much Jo for your professional advice. Sorry for my late response, it took me a few minutes to read through a few times to understand fully.If I understood correctly, the first thing I can do is to contact them. May I ask what it means "accept FPN" ? If they agree I accept the FPN, then I don't need go through the single justice procedure, don't I?If they are not happy and still change me, then I will need to plead guilty and mitigate on the basis as you suggested.Thank you very much for your advice.

Fixed penalty notice.

That is right, if they agree then the SJNP will fall away.

You might well get £85, £15 surcharge and 3 points. It was an honest mistake in fairness.

Customer: replied 1 year ago.
indeed, it's fair for a lesson to learn. Thank you very much for your professional advice and great help! Have a nice weekend. Regards, Shuofei

No problem.

All the best.

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