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

[HONEYBEELADY]

Hi All

 

My husband received a Fixed Penalty Notice for driving 35mph in a 30mph.   

Paid the fixed PCN and thought nothing more of it.   

 

Was a genuine error in not sending off photocard driving licence (husband was looking for temporary Xmas work at the time and only had driving licence as proof of photo ID as does not have valid passport. Tried to use old passport in a couple of applications, but was was rejected as being out of date).  Should have sent back by 31/12 and court paperwork was issued yesterday 3/1/23. 
 

At the moment, my husband has steam coming out of his ears as was a genuine error - he fully accepts the offence of speeding, as evidenced by payment of the fine. 

He is pleading guilty, but wants to go to court,  because he think it's petty he's being prosecuted for not returning 'a bit of plastic' rather than plead guilty by post/online. 

 

 We've filled out mitigation, saying it was a genuine error, fully accepts he was speeding, paid the PCN at the time,  and not a deliberate attempt to prevent endorsement of licence.  Only realised the error when received the court paperwork.  I was going to include in the mitigating statement the bit about him applying for jobs, but my husband doesn't think that will make any difference. 

He's completed the statement of financial circumstances - he doesn't work (I am the main earner) and not on any benefits as taking a break from work.   Question - on the form there is a section to include partner's income - we have not entered my income.  Will it cause problems later down the line if we don't disclose that information at the outset?   

I'm trying to persuade him pleading guilty by post - my fear is that he could end up making matters worse by going to court.   

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?  

Thanks for reading!

[HONEYBEELADY]

Thanks @dx100uk for the reply.   I will amend the form. 

[HONEYBEELADY]

Hi, many thanks.

 

Does help to explain and I get why the paperwork is issued.

 

I guess I was looking for advice re going to court when he is pleading guilty and offered mitigation.

 

I dont see how it's going to help.

 

Paperwork was only received today, dated 3.1.23. 

No refund as yet - payment was made on my card, I guess it may take a few days. 

Also wondered what possible fines could be applied given he is not working and not in receipt of benefits. 

 

The FPN was originally issued in October and fine paid on 6/11/22. 

Deadline form for returning licence was 31/12.

[HONEYBEELADY]

Thanks so much @Man in the middle for taking the time to respond. Really helpful.

 

My husband has decided to enter a guilty plea without a court hearing.

 

We've now typed up and amended the mitigation to take account of the points you raise. 

 

Thanks again and will update on here once we get the result from the court.  

[HONEYBEELADY]

Thank you @Tony P  @Man in the middle   Here is the proposed wording for the mitigation:

 

I wish to offer the following in mitigation.  I accept that I am guilty of the offence of speeding and agreed the penalty as laid out in the original paperwork issued by Norfolk Constabulary as can be evidenced in the Process Timeline and via payment of the fine on 06/11/2022.   
 

The failure on my part to return my photocard driving licence within the time specified was a genuine administrative oversight on my behalf and not a deliberate attempt to prevent the necessary checks.   During the period in question, I was actively seeking temporary employment prior to Christmas, which necessitated physical checks of my photocard licence as this is my only valid photographic proof of identity.  I also believed the endorsements to my licence would be completed electronically; however, I realise this was an error on my part.  It was only when I received the paperwork on 04/01/2023 that I realised the  mistake and immediately offered my guilty plea under the Single Justice Procedure.
 

 I refer to guidance which allows Magistrates to sentence at Fixed Penalty equivalent “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”.  I accept the administrative difficulties have been caused by my mistake for which I apologise. I have never sought to dispute the original offence of speeding and I respectfully request the court considers sentencing at the Fixed Penalty equivalent. 

[HONEYBEELADY]

Thanks @Man in the middle for the advice.  Papers will be sent by Recorded Delivery tomorrow.   Will keep you posted on the outcome.  Thankfully he has calmed down now and realises the calm and collected approach will, fingers crossed, provide for the best outcome.  

May thanks  

 

[HONEYBEELADY]

Hi

we finally have an update on the single justice procedure. 

 

It took over 2 months to get the paperwork back from the court, however the result was £90 fine (cost of the original speeding fine) plus £40 costs and a £16 victim surcharge.  So, best outcome we believe in the circumstances.   

 

By way of a side note, my husband spoke to a local MP about the process of having to return licences for physical checks when so much is now done online. He didn't disagree with my husband's viewpoint! 

Ps thanks to all for advice