46 in a 40 - conditional offer not received - SJP next

[MARLBOROLITES]

Starting my own thread rather than hijacking someone else’s ha!
In early May I received notification that I’d been clocked doing 46 in a 40. I immediately acknowledged that it was me and awaited the conditional offer. The next correspondence I received was in October relating to SJP . This referred to the issue of the conditional offer in May which I hadn’t responded to. If I had received that conditional offer I would have bloody well responded to it! I’m amazed important documentation such as that isn’t sent by registered post or by email. I’m up before the magistrate to state my case on 27 January. I live in a rural area and my post code is shared with 4 other properties. Each share a common naming convention. All my neighbours deny not passing any correspondence on. It’s all very frustrating. But my suspicion is it landed at one of these post code shared properties and that it went in the bin.

I figure I can better present my case in person and will turn up suited and booted. Im keen to have an opportunity to cite the mitigating circumstances. At this stage od life I know better than to ignore such things as a conditional offer.

Am I risking increased punishment for requesting court time? I’m looking at an additional victim charge of £90 although I’m not quite sure who the victim is here. The scary part is the request for earnings details and my outgoings. It all implies I’m looking at a hefty give for quite a minor offence in the grander scheme of things.

Are there any pearls of wisdom out there to help improve my chances before the Magistrate?

[IJWS15]

Beware, what most people think is mitigation just digs a deeper hole.

I believe you can ask to be sentenced at the FP level if the reasons for not taking up the fixed penalty were not of your own making, e.g. lost post.

[NDA]

A family member was clocked at 42 in a 20 in London.

I took advice from a barrister experienced in motoring offences and was advised that it is far better to plead guilty by post, write a plea and not take up valuable court time. I followed the advice and he received points and a £250 fine - we were expecting a ban.

My instinct was to wear a suit and turn up in court - I'm glad we took the advice.

[agtlaw]

MARLBOROLITES said:

Starting my own thread rather than hijacking someone else’s ha!
In early May I received notification that I’d been clocked doing 46 in a 40. I immediately acknowledged that it was me and awaited the conditional offer. The next correspondence I received was in October relating to SJP . This referred to the issue of the conditional offer in May which I hadn’t responded to. If I had received that conditional offer I would have bloody well responded to it! I’m amazed important documentation such as that isn’t sent by registered post or by email. I’m up before the magistrate to state my case on 27 January. I live in a rural area and my post code is shared with 4 other properties. Each share a common naming convention. All my neighbours deny not passing any correspondence on. It’s all very frustrating. But my suspicion is it landed at one of these post code shared properties and that it went in the bin.

I figure I can better present my case in person and will turn up suited and booted. Im keen to have an opportunity to cite the mitigating circumstances. At this stage od life I know better than to ignore such things as a conditional offer.

Am I risking increased punishment for requesting court time? I’m looking at an additional victim charge of £90 although I’m not quite sure who the victim is here. The scary part is the request for earnings details and my outgoings. It all implies I’m looking at a hefty give for quite a minor offence in the grander scheme of things.

Are there any pearls of wisdom out there to help improve my chances before the Magistrate?

I assume you received an SJPN and requested a hearing. That's not always the best thing to do but too late now. If a hearing is listed then you should attend.

Your aim should be to persuade the magistrates (there are usually three) that you would have accepted a conditional offer (£100 / 3 points) had it been received and that in the circumstances, they should impose a fine equivalent to a fixed penalty.

Three points are a virtual certainty for 46/40 mph. The variable here is the fine, costs and surcharge.

If you are lucky then they will award no prosecution costs. If the fine is £70 or so then the 40% surcharge will be approximately £30 and the total due to the court would be £100.

[MARLBOROLITES]

Indeed, my sole mitigation pivots entirely at not having seen the conditional offer. FP is fixed penalty yes? So points and fine?

To this day I’ve not seen the conditional offer being referred to. I asked the Go Safe Partnership (in Wales) for a copy but my request was declined as the SJP procedure was underway. So I really am clueless on what the offer might have contained.

[MARLBOROLITES]

agtlaw said:

MARLBOROLITES said:

Starting my own thread rather than hijacking someone else’s ha!
In early May I received notification that I’d been clocked doing 46 in a 40. I immediately acknowledged that it was me and awaited the conditional offer. The next correspondence I received was in October relating to SJP . This referred to the issue of the conditional offer in May which I hadn’t responded to. If I had received that conditional offer I would have bloody well responded to it! I’m amazed important documentation such as that isn’t sent by registered post or by email. I’m up before the magistrate to state my case on 27 January. I live in a rural area and my post code is shared with 4 other properties. Each share a common naming convention. All my neighbours deny not passing any correspondence on. It’s all very frustrating. But my suspicion is it landed at one of these post code shared properties and that it went in the bin.

I figure I can better present my case in person and will turn up suited and booted. Im keen to have an opportunity to cite the mitigating circumstances. At this stage od life I know better than to ignore such things as a conditional offer.

Am I risking increased punishment for requesting court time? I’m looking at an additional victim charge of £90 although I’m not quite sure who the victim is here. The scary part is the request for earnings details and my outgoings. It all implies I’m looking at a hefty give for quite a minor offence in the grander scheme of things.

Are there any pearls of wisdom out there to help improve my chances before the Magistrate?

I assume you received an SJPN and requested a hearing. That's not always the best thing to do but too late now. If a hearing is listed then you should attend.

Your aim should be to persuade the magistrates (there are usually three) that you would have accepted a conditional offer (£100 / 3 points) had it been received and that in the circumstances, they should impose a fine equivalent to a fixed penalty.

Three points are a virtual certainty for 46/40 mph. The variable here is the fine, costs and surcharge.

If you are lucky then they will award no prosecution costs. If the fine is £70 or so then the 40% surcharge will be approximately £30 and the total due to the court would be £100.

Your assumption is correct. I do appear to have the option of choosing not to attend court. I’m sure in the last correspondence there was reference to this . I’ll check. I would most certainly have accepted the original conditional offer. I’m trying to lead a stress free life owing to certain medical conditions and a court appearance doesn’t particularly fit that bill. Thank you for this advice.