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

[Man in the middle]

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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 He didn't do that so the offer was withdrawn and he now faces prosecution.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.

[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.

[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).