stopped whilst driving using mobile and given fixed penalty notice, however they omitted to fill in section describing offence and also left blank offence code box.can I contest it, do i need to request court hearing, if i do will i require legal representation and if i do will it ending up costing more than what my insurance premium will go up by?
System of Law: England-and-Wales
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Do you accept using the phone whilst driving?
yes. but seeing as i have a fpn with no offence written on it im assuming i can get out of it??
I'm afraid not.All the incorrectly filled out FPN will mean is that you can reject the FPN if you want to. You can do that anyway. They are no more than an offer of a fixed penalty.If they choose to summons you for the main offence then the mistake on the FPN will not even be introduced in court as its not part of their case.In any event, even if the summons were incorrect they can correct all those types of errors up until half time without even the permission of the court. The Crown are always amending the charges to correct earlier mistakes.Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Please rate my answer with OK SERVICE or more and then I will continue for free.
am i likely to get summonsed? if my portion of the ticket has no info on it does this mean the policemans section has no info either...will he remember why it was issued.
I appreciate you have to uphold the sanctity of the law but some practical advice would be great
It doesn't work like that. It will be in his notes and he certainly will be able to ascertain why you were stopped. There are lots of problems but that isn't one of them.But they do sometimes forget to summons. For my own part I would never accept a fixed penalty. You don't get very much out of it. Quite often they do forget to summons and they only have 6 months to do it in. If they are out of time the matter comes to an end.But if they do summons then you will face a higher fine and court costs although unless you have a trial they will not be substantial.
Bar Exams, over 5 years in practice
Just wondering how everything is going?Do you need any more help?
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