Speeding and Single Justice Procedure

Speeding and Single Justice Procedure

Author
Discussion

s4suk

Original Poster:

16 posts

177 months

Friday 29th November 2024
quotequote all
I was caught speeding doing 61 mph in a 40 mph zone by an average speed camera at the end of May 2024. This is my own fault and I accept this. I was given 3 points and £100 fine which I paid and thought was the end of the matter. I have no other points on my licence.

Last week I got a Single Justice Procedure notice through the post relating to the above. They have given me the option to plea guilty or attend court. They have also asked for detailed information relating to my occupation, pay, etc. This week, I’ve received an email saying the £100 fine I paid in August is being refunded.

Any ideas what is going on?

MustangGT

13,081 posts

294 months

Friday 29th November 2024
quotequote all
I think it probably because it is a band B offence and therefore too serious to have the standard penalty applied. IIRC Band A finishes at 55mph for a 40 limit. Band B leaves the option of bigger fine, 4-6 points or even a short ban.

giantdefy

695 posts

127 months

Friday 29th November 2024
quotequote all
WAs the £100 refunded. Normally this type of story leads to the discovery that you did not either, as required, send off your driving licence or, as a minimum, supply the licence details when paying the fine.

Mandat

4,219 posts

252 months

Friday 29th November 2024
quotequote all
I had similar happen many years ago.

I sent a cheque for the fine to the ticket office, but sent it too late and it missed the deadline, so it was returned to me with a letter to say that court proceedings would follow.

Some time later I received another letter saying that although there was sufficient evidence for a prosecution, they would not be proceeding and the matter was closed.

An inadvertent happy resolution for me, and I suspect that the evidence was actually not sufficient hence dropping the case.

As I said, this was many years ago, and presumably processes and procedures have improved since then, so your outcome may be different.


Somewhatfoolish

4,825 posts

200 months

Friday 29th November 2024
quotequote all
s4suk said:
I was caught speeding doing 61 mph in a 40 mph zone by an average speed camera at the end of May 2024. This is my own fault and I accept this. I was given 3 points and £100 fine which I paid and thought was the end of the matter. I have no other points on my licence.

Last week I got a Single Justice Procedure notice through the post relating to the above. They have given me the option to plea guilty or attend court. They have also asked for detailed information relating to my occupation, pay, etc. This week, I’ve received an email saying the £100 fine I paid in August is being refunded.

Any ideas what is going on?
When was the "end of May" and what are the dates on the SJPN? Whilte I doubt it from that phrasing, it's not impossible they've timed out...

Ezra

709 posts

41 months

Friday 29th November 2024
quotequote all
s4suk said:
I was caught speeding doing 61 mph in a 40 mph zone by an average speed camera at the end of May 2024. This is my own fault and I accept this. I was given 3 points and £100 fine which I paid and thought was the end of the matter. I have no other points on my licence.

Last week I got a Single Justice Procedure notice through the post relating to the above. They have given me the option to plea guilty or attend court. They have also asked for detailed information relating to my occupation, pay, etc. This week, I’ve received an email saying the £100 fine I paid in August is being refunded.

Any ideas what is going on?
It's almost certain that you were asked to send your licence to have the points recorded at the time you paid the original £100. The SJP you mentioned is the procedural follow up for folks who don't submit their licence. The info requested will dictate the fine you will now receive as its means tested (the option of paying the fixed penalty has now lapsed and you'll get the £100 refunded). This catches out quite a few folks....they don't read the detail that accompanied the original fixed penalty about paying the money AND submitting your licence.

agtlaw

7,114 posts

220 months

Friday 29th November 2024
quotequote all
MustangGT said:
I think it probably because it is a band B offence and therefore too serious to have the standard penalty applied. IIRC Band A finishes at 55mph for a 40 limit. Band B leaves the option of bigger fine, 4-6 points or even a short ban.
Wrong.

SS2.

14,603 posts

252 months

Friday 29th November 2024
quotequote all
MustangGT said:
I think it probably because it is a band B offence and therefore too serious to have the standard penalty applied. IIRC Band A finishes at 55mph for a 40 limit. Band B leaves the option of bigger fine, 4-6 points or even a short ban.
It won't be that - an alleged 61mph in a 40mph limit is within the range for a fixed penalty.

More likely the OP didn't comply with one of the terms of the CoFP.

agtlaw

7,114 posts

220 months

Friday 29th November 2024
quotequote all
SS2. said:
It won't be that - an alleged 61mph in a 40mph limit is within the range for a fixed penalty.

More likely the OP didn't comply with one of the terms of the CoFP.
Correct.

kestral

1,944 posts

221 months

Friday 29th November 2024
quotequote all
Ezra said:
It's almost certain that you were asked to send your licence to have the points recorded at the time you paid the original £100. The SJP you mentioned is the procedural follow up for folks who don't submit their licence. The info requested will dictate the fine you will now receive as its means tested (the option of paying the fixed penalty has now lapsed and you'll get the £100 refunded). This catches out quite a few folks....they don't read the detail that accompanied the original fixed penalty about paying the money AND submitting your licence.

Send Licence?

Which force/Courts request licence to be sent off?

LosingGrip

8,290 posts

173 months

Friday 29th November 2024
quotequote all
kestral said:

Send Licence?

Which force/Courts request licence to be sent off?
It might not be send off, but it might be send your details (licence number etc) to ABC, DVLA.

MustangGT

13,081 posts

294 months

Monday 2nd December 2024
quotequote all
agtlaw said:
MustangGT said:
I think it probably because it is a band B offence and therefore too serious to have the standard penalty applied. IIRC Band A finishes at 55mph for a 40 limit. Band B leaves the option of bigger fine, 4-6 points or even a short ban.
Wrong.
Thanks for the clarification, my error.

BertBert

20,295 posts

225 months

Tuesday 3rd December 2024
quotequote all
MustangGT said:
Thanks for the clarification, my error.
Hmmmmmm

Aprisa

1,861 posts

272 months

Tuesday 3rd December 2024
quotequote all
Depending on how important it is to you to have a reduced fine and only 3 points it may be worth attending court.

Many benches will, if the defendant has paid the fine but made an administrative mistake, reduce the fine to either at or near a fixed penalty and then add a VS or make the whole penalty the same as a FP including and additional sums.

You may be lucky and get that happening of you plead by post but more likely if you attend as you are then seen to have spent time and money coming to court which could be seen to help your case.