Donate to Remove ads

Got a credit card? use our Credit Card & Finance Calculators

Thanks to eyeball08,Wondergirly,bofh,johnstevens77,Bhoddhisatva, for Donating to support the site

Single Justice procedure plead guilty but still get a court date

including wills and probate
ChuiyiChoy
Posts: 2
Joined: September 4th, 2020, 11:22 pm

Single Justice procedure plead guilty but still get a court date

#338229

Postby ChuiyiChoy » September 4th, 2020, 11:40 pm

I was caught on the average speed cameras doing 61mph on the M27 in the temporary 50mph zone. This is my first time getting a speed ticket and been driving for 10+ year.
I received a Penalty Charge Notice and I was given the option of attending a Speed Awareness course which I intended to do.
However, when I tried to book myself on to a course online, there were none available for any time. I also called to try and book but was unable to and was told that an online course was being developed. I received a letter from Hampshire Constabulary on later stating that due to Covid-19, all classroom courses had been suspended from 20th March onwards and to keep checking the NDORS website for course availability. I misunderstood and thought that I would be contacted when the online course had been developed so just waited for that to happen.
Obviously, I never got the call so I was surprised when I received the Single Justice Procedure I called Hampshire Constabulary and tried to explain tha I was trying to get on a course but they said it was too late and there was nothing that could be done now. They told me to explain my situation in the mitigation of my plea. The notice had highlighted in yellow to plead online which I did and submitted my guilty plea, along with some words to explain my situation and misunderstandings.
Today, I received a letter stating that I have a notice of new date of hearing and that the date of the hearing on this letter was just a holding date and that I would be contacted again with a date and venue of when to attend court.
I really don't know what is going on and I feel like I have committed a crime or something. I do understand im fully responsible and at fault that I didn't book the course in time and I have already plead guilty online and happy to pay a fine and take the points. What I dont understand is why do they need me in court? Is there anything serious?
I would be grateful if anyone of you could please advise me on what I should do now

GoSeigen
Lemon Quarter
Posts: 4403
Joined: November 8th, 2016, 11:14 pm
Has thanked: 1601 times
Been thanked: 1591 times

Re: Single Justice procedure plead guilty but still get a court date

#338357

Postby GoSeigen » September 5th, 2020, 2:10 pm

ChuiyiChoy wrote:I was caught on the average speed cameras doing 61mph on the M27 in the temporary 50mph zone. This is my first time getting a speed ticket and been driving for 10+ year.
I received a Penalty Charge Notice and I was given the option of attending a Speed Awareness course which I intended to do.
However, when I tried to book myself on to a course online, there were none available for any time. I also called to try and book but was unable to and was told that an online course was being developed. I received a letter from Hampshire Constabulary on later stating that due to Covid-19, all classroom courses had been suspended from 20th March onwards and to keep checking the NDORS website for course availability. I misunderstood and thought that I would be contacted when the online course had been developed so just waited for that to happen.
Obviously, I never got the call so I was surprised when I received the Single Justice Procedure I called Hampshire Constabulary and tried to explain tha I was trying to get on a course but they said it was too late and there was nothing that could be done now. They told me to explain my situation in the mitigation of my plea. The notice had highlighted in yellow to plead online which I did and submitted my guilty plea, along with some words to explain my situation and misunderstandings.
Today, I received a letter stating that I have a notice of new date of hearing and that the date of the hearing on this letter was just a holding date and that I would be contacted again with a date and venue of when to attend court.
I really don't know what is going on and I feel like I have committed a crime or something. I do understand im fully responsible and at fault that I didn't book the course in time and I have already plead guilty online and happy to pay a fine and take the points. What I dont understand is why do they need me in court? Is there anything serious?
I would be grateful if anyone of you could please advise me on what I should do now


Personally I'd change the plea to not guilty, then bargain with the prosecution to allow you to take the course. If they want to prosecute they will have to prove you were driving which may be difficult for them to do [the registered keeper would have to tell them who was driving as a minimum probably].

The Covid situation is a strong point in your favour but will work better if you offer to do the course in return for them dropping the prosecution. If they refuse that then you can let the judge know that you were happy to do the course but the prosecution refused and produce the letter showing that courses had been cancelled.

IANAL so pay attention to alternative views!

GS
P.S. I was served notice in April for a DVLA offence but they dropped the case when I pleaded not guilty and informed them I was living abroad.

Maroochydore
Lemon Slice
Posts: 481
Joined: May 11th, 2017, 8:33 pm
Has thanked: 91 times
Been thanked: 207 times

Re: Single Justice procedure plead guilty but still get a court date

#338400

Postby Maroochydore » September 5th, 2020, 5:42 pm

If you want an truly knowledgeable answer go to the experts http://www.pepipoo.com and post your question there.

ChuiyiChoy
Posts: 2
Joined: September 4th, 2020, 11:22 pm

Re: Single Justice procedure plead guilty but still get a court date

#338640

Postby ChuiyiChoy » September 6th, 2020, 10:33 pm

GoSeigen wrote:
ChuiyiChoy wrote:I was caught on the average speed cameras doing 61mph on the M27 in the temporary 50mph zone. This is my first time getting a speed ticket and been driving for 10+ year.
I received a Penalty Charge Notice and I was given the option of attending a Speed Awareness course which I intended to do.
However, when I tried to book myself on to a course online, there were none available for any time. I also called to try and book but was unable to and was told that an online course was being developed. I received a letter from Hampshire Constabulary on later stating that due to Covid-19, all classroom courses had been suspended from 20th March onwards and to keep checking the NDORS website for course availability. I misunderstood and thought that I would be contacted when the online course had been developed so just waited for that to happen.
Obviously, I never got the call so I was surprised when I received the Single Justice Procedure I called Hampshire Constabulary and tried to explain tha I was trying to get on a course but they said it was too late and there was nothing that could be done now. They told me to explain my situation in the mitigation of my plea. The notice had highlighted in yellow to plead online which I did and submitted my guilty plea, along with some words to explain my situation and misunderstandings.
Today, I received a letter stating that I have a notice of new date of hearing and that the date of the hearing on this letter was just a holding date and that I would be contacted again with a date and venue of when to attend court.
I really don't know what is going on and I feel like I have committed a crime or something. I do understand im fully responsible and at fault that I didn't book the course in time and I have already plead guilty online and happy to pay a fine and take the points. What I dont understand is why do they need me in court? Is there anything serious?
I would be grateful if anyone of you could please advise me on what I should do now


Personally I'd change the plea to not guilty, then bargain with the prosecution to allow you to take the course. If they want to prosecute they will have to prove you were driving which may be difficult for them to do [the registered keeper would have to tell them who was driving as a minimum probably].

The Covid situation is a strong point in your favour but will work better if you offer to do the course in return for them dropping the prosecution. If they refuse that then you can let the judge know that you were happy to do the course but the prosecution refused and produce the letter showing that courses had been cancelled.

IANAL so pay attention to alternative views!

GS
P.S. I was served notice in April for a DVLA offence but they dropped the case when I pleaded not guilty and informed them I was living abroad.


Hi, thanks for your advise! Did you use a solicitor?

GoSeigen
Lemon Quarter
Posts: 4403
Joined: November 8th, 2016, 11:14 pm
Has thanked: 1601 times
Been thanked: 1591 times

Re: Single Justice procedure plead guilty but still get a court date

#338651

Postby GoSeigen » September 6th, 2020, 11:05 pm

ChuiyiChoy wrote:
GoSeigen wrote:IANAL so pay attention to alternative views!

GS
P.S. I was served notice in April for a DVLA offence but they dropped the case when I pleaded not guilty and informed them I was living abroad.


Hi, thanks for your advise! Did you use a solicitor?


No, but I did ask here, just like you. It's worth reading the law/regulations about PCNs vs Speed Awareness Courses so that you know where you stand [look up the laws referred to on the notices you received].

GS


Return to “Legal Issues (Practical)”

Who is online

Users browsing this forum: Newroad and 23 guests