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I have received a fixed penalty notice for driving on mobile

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
  • Positive Feedback: 95.9 %
  • Accepted Answers: 2724
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in UK Traffic Law

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Customer Question

I have received a fixed penalty notice for driving on mobile phone. On the notice my name is XXXXX XXXXX and the class of vehicle is wrong. Should I contest the ticket?

 

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Province/Country relating to question : Northern Ireland

Already Tried:
It happened 4 days ago and unsure what to do next.

Submitted: 281 days and 9 hours ago.
Category: UK Traffic Law
Value: £28
Status: CLOSED
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Expert:  Jomo1972 replied 281 days and 9 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

How bad is the error?

Customer replied 281 days and 9 hours ago.


The first letter of my surname is incorrect.

The vehicle is a land rover discovery used as a domestic vehicle they put it down as class PLG

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Expert:  Jomo1972 replied 281 days and 9 hours ago.

I'm really sorry but that isn't going to make any difference.

They are always making mistakes on charge and indictment sheets anyway and all they do is amend them. They don't even need the permission of the court to do that until half time.

In this instance though, they may not even bother to do that. There is case law on what makes a summons defective and it literally has to be such that you could not understand it was for you. There is no doubt really that this was for you.

On the point of the misdescription of the car, again thats really just an error that doesn't change the overall accuracy I'm afraid.

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.

Customer replied 281 days and 8 hours ago.

They also gave me the notice when on private property after I pulled into a friends house. They followed me in. I didn't.
Know they where following me as they where waiting in a private road where they could not be seen

Accepted Answer

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Expert:  Jomo1972 replied 281 days and 8 hours ago.

That would make no difference I'm afraid.

Probably this is a road within the meaning of the RTA anyway.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.9 %
Accepts: 2724
Answered: 6/28/2012

Experience: Bar Exams, over 5 years in practice

Ask this Expert a Question >
Customer replied 281 days and 8 hours ago.

Is it legal for them to serve the notice on private property?

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Expert:  Jomo1972 replied 281 days and 8 hours ago.

I will be delighted to continue with this but this is a completely different question from the one you originally asked so please rate my answer OK SERVICE or above.

Customer replied 281 days and 8 hours ago.

Sorry now when I try to respond it won't let me.

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Expert:  Jomo1972 replied 281 days and 5 hours ago.

I will opt out.

 
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