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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 67807
Experience:  Over 5 years in practice.
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Hi got a fpn for using mobile phone whilst driving today, but

Customer Question

Hi got a fpn for using mobile phone whilst driving today, but the code on the fpn ticket is 125 not cu80. Can I avoid it?
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

We're you using a phone?
Customer: replied 2 years ago.

Hi unluckly I was using my phone.

Expert:  Jo C. replied 2 years ago.
Ok. Its helpful to know what we are dealing with.

Do you have any other points and, if so, from when ?
Customer: replied 2 years ago.

Hi I have 3 points from about 3 years, when I was stopped going through a amber to red traffic lights.


Also I checked my license it expired in Feb 2013, so I need to apply for new license. The FPN requires me to produce my license at my local police station.

Expert:  Jo C. replied 2 years ago.
Are you prepared to run the risk of going to court? You would only get the same number of points but the financial penalty may be higher.
Customer: replied 2 years ago.

If I lost at court what will the court cost be like?


Can I go ask them to re-issue or correct FPN as it has code 125 and not CU80?



Expert:  Jo C. replied 2 years ago.
The error on the PCN is simple enough for them to correct unfortunately.

PCNs are just literally completed by police officers at the roadside. They are always making mistakes upon them and they can easily correct that.

I do see your point though about it. Ultimately you want it to be corrected because if its the wrong one then the wrong code will go upon your licence which may well not be attractive for you and also its unfair.

However, they might well forget to summons you. You would be amazed at how often that happens. Some areas are more efficient than others obviously but it does often happen that they neglect to summons. They only have six months to achieve it. Personally, I would never take a fixed penalty fine. You don't get all that much out of it. Even if they summons you, all that would happen is that you would plead guilty by post and then you would get 3 points and a fine in a similar region to the fixed penalty plus about £85 in costs. The financial penalty is higher but the points are the same and there is a chance of walking away with nothing.

In terms of your new licence though, you must resolve that. The DVLA might have revoked your licence. Its fairly recent so probably they haven't but you need to check.

If they have or if they haven't makes no difference from the DVLA's point of view. You just apply for a new licence and pay the costs. There is about a 0.0001% chance of the DVLA prosecuting you for that.

This will mean that you cannot produce at the police station. What you need to do though is attend with your paper licence and other documents and explain that you licence is with the DVLA for renewal. They could prosecute you for failing to produce but you would have a defence on the basis that its not reasonable practicable to do that.

Obviously there is risk in this course of action but its a lot safer than attending the police station and explaining you were driving on an expired licence especially if the DVLA have revoked it.

Hope this helps. Please let me know if you want more information.
Customer: replied 2 years ago.


So what I will do is go to police station, highlight the wrong code, tell them I can not produce the license as I am waiting for a renewal license to come through.


Should ignore the FPN fine of £60 for now or pay that?

Expert:  Jo C. replied 2 years ago.
Well, personally I would call the DVLA first and ascertain whether or not they have revoked your licence.

If they have then resolve that with the DVLA immediately, then go to the police station and tell them the truth which is that your licence is with the DVLA and that their code is wrong.

Regarding the FPN, personally I would not. Whether you want to is a matter of how badly you want to avoid the points and how much risk you are prepared to take. If they forget to summons you then thats wonderful. If they do summons you the penalties would be higher but the points would be the same. My own personal choice would be to take the risk but i do see thats not for everybody.
Customer: replied 2 years ago.

Thanks I will go with that.

Expert:  Jo C. replied 2 years ago.
Its the right decision to be wholly honest.

It carries risk of course but personally I think its a low one overall.

Do come back if you want more guidance. The question won't close from your side.

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