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#Post#: 12998--------------------------------------------------
Caught using a mobile phone while driving - Final reminder
DIR By: bertie21980
Date: December 27, 2023, 9:21 pm
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I got a letter through the post stating that I was caught using
a mobile phone and this is the final reminder. Apparently, this
happened on the 26th of October 2023.
front of letter
HTML https://i.ibb.co/yhX9rmg/front-cable-street-edit.jpg
back of letter
HTML https://i.ibb.co/gP7Y0sJ/back-cable-street-edit.jpg
I only picked up this letter yesterday as its delivered to my
house that I hardly live in and I'm astonished to receive such a
letter as its the first time I heard of it. This particular
letter was delivered on the 18th of December stating that I have
ignored their responses. I never received any letter about this
before and I have no idea on what they are on about. Is there
anything I can do to stop them from taking proceedings without
myself getting any evidence from them first?
#Post#: 13000--------------------------------------------------
Re: Caught using a mobile phone while driving - Final reminder
DIR By: guest46
Date: December 28, 2023, 2:46 am
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At this point you're being asked who was the keeper of the
vehicle at the time/date given - to not answer that will get you
6 points and a hefty fine. No 'evidence' s needed at this stage
from either party.
Once you've done that you will (may be) charged - at this point
you can pay the fine/take the points or opt for a court hearing.
The latter will facilitate evidence etc etc, but expensive if
you lose.
At this point - get the response in pronto and get a proof of
posting and a copy of what you send.
#Post#: 13002--------------------------------------------------
Re: Caught using a mobile phone while driving - Final reminder
DIR By: NewJudge
Date: December 28, 2023, 2:53 am
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The most urgent thing you need to do is to respond to the
request for driver's details. You have already committed an
offence by failing to do so (assuming the original notice was
properly served on you). You should contact the police and tell
them your response is on its way.
If you do this quickly they may offer you a fixed penalty for
the offence but that will mean accepting the allegation as it
stands. If you want to challenge it the only place to do so is
in court.
#Post#: 13007--------------------------------------------------
Re: Caught using a mobile phone while driving - Final reminder
DIR By: andy_foster
Date: December 28, 2023, 4:59 am
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--- Quote from: bertie21980 link ---
>
> I got a letter through the post stating that I was caught
using a mobile phone
--- End Quote ---
it doesn't say that.
--- Quote ---
> and this is the final reminder. Apparently, this happened on
the 26th of October 2023.
>
> front of letter
HTML https://i.ibb.co/yhX9rmg/front-cable-street-edit.jpg
> back of letter
HTML https://i.ibb.co/gP7Y0sJ/back-cable-street-edit.jpg
>
> I only picked up this letter yesterday as its delivered to my
house that I hardly live in and I'm astonished to receive such a
letter as its the first time I heard of it.
--- End Quote ---
As you hardly live there, is it surprising that it is the first
that you have heard?
--- Quote ---
> This particular letter was delivered on the 18th of December
--- End Quote ---
How could you know this (ignoring that it's clearly not true)?
--- Quote ---
> stating that I have ignored their responses. I never received
any letter about this before
--- End Quote ---
What happens to you post when you are not living there?
--- Quote ---
> and I have no idea on what they are on about. Is there
anything I can do to stop them from taking proceedings without
myself getting any evidence from them first?
>
--- End Quote ---
They are saying that previous notice(s) were sent and that you
did not respond as required by providing the driver's details.
They are alleging that the driver of the vehicle stated
committed the offence of driving whilst using a handheld mobile
phone at the time and place stated.
The offence does not require a NIP, so even if the previous
notice(s) were not served, it would only affect when the 28 days
to name the driver started.
I don't quite understand why you are so keen not to see any
evidence, but absent something compelling that you decided not
to trouble us with, the only way this isn't going to court is if
they offer you a fixed penalty and you accept it.
#Post#: 13037--------------------------------------------------
Re: Caught using a mobile phone while driving - Final reminder
DIR By: bertie21980
Date: December 28, 2023, 7:00 pm
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Thanks for the response guys. I saw the messages earlier so I
have already sent the letter. I guess I should email them
stating that I have responded to them via post as well.
--- Quote from: andy_foster link ---
>
> [quote author=bertie21980 link=topic=1158.msg12998#msg12998
date=1703733689]
> [quote]This particular letter was delivered on the 18th of
December
--- End Quote ---
How could you know this (ignoring that it's clearly not true)?
--- Quote ---
> stating that I have ignored their responses. I never received
any letter about this before
--- End Quote ---
What happens to you post when you are not living there?
--- Quote ---
> and I have no idea on what they are on about. Is there
anything I can do to stop them from taking proceedings without
myself getting any evidence from them first?
>
--- End Quote ---
They are saying that previous notice(s) were sent and that you
did not respond as required by providing the driver's details.
They are alleging that the driver of the vehicle stated
committed the offence of driving whilst using a handheld mobile
phone at the time and place stated.
The offence does not require a NIP, so even if the previous
notice(s) were not served, it would only affect when the 28 days
to name the driver started.
I don't quite understand why you are so keen not to see any
evidence, but absent something compelling that you decided not
to trouble us with, the only way this isn't going to court is if
they offer you a fixed penalty and you accept it.
[/quote]
Its my home but I don't stay at the address (still not ready to
move out permanently) but I still go there regularly to pick up
my letters. Whether they have evidence or not is not really an
issue for me. Its the fact that they are taking me to court for
not responding. I would respond if I received the letter.
Also, I assumed this letter was sent on the 18th as that is the
date stated just below their address.[/quote]
#Post#: 13038--------------------------------------------------
Re: Caught using a mobile phone while driving - Final reminder
DIR By: guest46
Date: December 29, 2023, 3:07 am
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If it's not an address where you can regularly and readily
access mail, it's unwise to have things like the V5C
'pretending' to be there. It 'may' also open doors about the
details of your insurance and where the car is kept etc, so
tread carefully.
Odd things do happen but in asking about the keeper they most
like DO have 'evidence', often by way of an image or video or
policeman. How/why else would they ask?
#Post#: 13063--------------------------------------------------
Re: Caught using a mobile phone while driving - Final reminder
DIR By: bertie21980
Date: December 29, 2023, 12:44 pm
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Yes I now changed the address on the v5c form so hopefully this
wont happen again. Cable street has a two way cycle lane so I'm
guessing there's evidence from one of the cyclists that uses it
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