Safe Speed Forums

Hiya folks

I got caught using my phone back in july. couldnt produce my licence as it was at dvla paid my fine then got a letter saying its going to court and here`s a refund.

I have today recieved my court summons.
That says i drove a motor vehicle namely nissan registration PO56 HWB, on a road etc etc etc.

No i didnt my car is an L reg
I believe that to be the registration of the unmarked police car not mine.

Any ideas what i should do dont want to plead guilty to driving a car i wasnt.
If i tell them of their mistake what do i write on the form to say i wish to be dealt with by FPN and my licence was with DVLA

cheers
matt

I think you should go to court, tell them you are a habitual offender, and ask them to consider crushing the car, or at least have it put on the ANPR database so you can be monitored closely!!
[/TIC mode]

Seriously, I think they need to be informed of the mistake.

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Time to take responsibility for our actions.. and don't be afraid of speaking out!

STOP! Do not do this without legal advice.

It is possible that the error is fatal to their case and I would ON NO ACCOUNT give them the opportunity to repair it - unless a solicitor advised me otherwise.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

If you tell them now, they can reissue.

If you wait for Court, the CPS will have to withdraw.

The same thing happened to me a few years ago with reference to a speeding charge when the summons had the wrong road on it. On solicitors advice, I pleaded not guilty, then pointed out in court that the road was wrong. The clerk tried to re-read the charge with the correct road but I had been forewarned and said "Not guilty, but that is not the charge I was summoned here to face". CPS guy then said "the summons is faulty and is withdrawn"

Hope that helps.

What is the summons for - failing to produce the licence, or using the phone?
If it is the phone, then AIUI the slip up is treated by magistrates as just that, and rectified in court.

Not sure if it is the same if it relates to not producing the licence.
Also the OP has already paid a fine which has been refunded - is that not treated as a guilty plea?

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Time to take responsibility for our actions.. and don't be afraid of speaking out!

I`m not trying to get off. Fair cop guv(although if there was a large chance) however as I`m a self employed courier so taking the day off work would cost me £100 plus the fine .

The summons is for using the phone I hope i dont get another one for failing to produce although i was given an extention to produce but the licence still failed to turn up hence i got a refund and now the summons.

Dont know what to do now.
If i do the honarable thing and tell them the mistake i`ll get spanked anyhow

I have more £££ to lose by taking the day off work.

I would like to know how they can prove beyond a reasonable doubt that the phone was being used for an interactive communication function and was operating on one of the frequencies listed in the law. Did they even check that it was turned on at the time?

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Andrew.

I admitted to it.