Single Justice Procedure Notice

[sunflower68]

My son has had his second of the above, both for 2 separate speeding fines...filled in 1st and he was charged £700 and 4 points. He is contesting this as he opted for course but filled in wrong payment part. Now this again saying second fine he failed to book the course 

We work together and his mail still comes to my house- I would have passed on all this information to him and helped as he hates forms!! 

He has done all he was meant to do. Now its happened again what should he do as it's going to look like he's lying....so unfair.

 

 

[douglas9401]

Probably pay the fines, slow down and fill out forms properly would be the answers.

[curlyfries81]

How old is your son? I wouldn't want to pay his car insurance.

My better half works with a chap who is 28 with years and years of no claims and he's paying £180 per month for his insurance.

Surely your son's speeding will just make his insurance go through the roof?

[New Judge]

To answer this properly (i.e. explain why it might have happened) I would need to know exacly what he received, when he received it and how he responded.

However, one thing you can answer:

"He is contesting this as he opted for course but filled in wrong payment part."

How is he contesting this? His only realistic roue is by way of an appeal o the Crown Court.

However, there's no real need for a "drains up" with the second one. He is where he is: that is, he has a SJPN to respond to. He should note that once a case has proceeded to court action (for whatever reason) any "out-of-court" disposals (a course or fixed penalty) are no longer available.

The best he can hope for is that the court sees fit to sentence him at the fixed penalty level (£100 and 3 points). They have  guidance  which suggests they might do this when things such as administrative problems have caused the matter to go to court (provided he speed is within the thresholds for which a fixed penalty would be offered). The court has no power to order a course.

It is imporant to realise that when the police offer a course or fixed penalty, all the reqirements of that offer must be complied with. The only option for the police if they are not is to take court proceedings. Speeding offences are not like parking tickets. 

[nicebloke1]

He is contesting this?

Filled in the wrong payment part?

I've not long had a speeding fine. A 40mph road had a 400 / 500 yard stretch changed to 30mph, I got caught by camera doing 36mph, tuff :0( First notification of intend to proceed against driver hence requesting who was driving ( me) 28 days given to reply. Next notice I  got was an option of a course or £100 plus 3 points. You have 28 days to reply to this notice. ( There is NO payment part to fill in on this notice, you imform them of what option you care to have, if you choose £100 and 3 points you will be told how and when to pay up, OR, you have 28days to book the course. So to conclude, no payment part to fill in, in my case?

[New Judge]

"So to conclude, no payment part to fill in, in my case?"

Dead right, nb.

You don't pay for the course when responding to the course offer. One of the reasons for that is that the driver can choose which course provider he prefers and they all charge slightly different fees.

The single biggest reason why cases end up in court is when a driver accepts the offer of a fixed penalty. The requirement is that he must pay £100 and submit his driving licence details. Many don't do that., usually because they have already done so when identifying themselves as the driver, so think it's unnecessary. It is necessary and so they end up facing court proceedings.

I don't quite understand how sunflower's son "filled in the wrong payment part" but it doesn't matter. He has been sentenced (presumably in accordance with the normal sentencing guidelines) and that's that. The only way to appeal is by way of an appeal to the Crown Court and this must be lodged within 21 days of the conviction. Quite what basis he might make that appeal is unclear as details are somewhat lacking.

Sunflower's son might like to know that the last time I looked (which was a few years ago) the amount of costs imposed for a failed appeal in the Crown Court was £1,350.