Author Topic: Caught using a mobile Phone on June 2023 - summons arrived in October 2024  (Read 554 times)

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RichardC

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As it says I was caught using a mobile phone in June 2023 and because I had 6 points I did not pay the fine and waited for the magistrates summons. This arroved on 3rd October 20245. Is there a time limit on when the summons has to be sent. It has been 15 months.....

Thank you for your help

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andy_foster

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No
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

John Glacier

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What is the date of laying the information?

NewJudge

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Have you received a summons or is it a "Single Justice Procedure Notice"? If so, what is the date on it and does it definitely refer to the alleged offence in June 23?

RichardC

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Apologies this is a Single Justice Procedure notice. It mentions the offence as the 3rd June 2023 and arrived by email on the 3rd October 2024.
« Last Edit: October 03, 2024, 04:36:14 pm by RichardC »

RichardC

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Apologies this is a Single Justice Procedure notice. It mentions the offence as the 3rd June and arrived by email on the 3rd October 2024.

Thank you for the reply. It does mention these dates....

RichardC

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In a further twist I have just tried to plead online and it is telling me "Your case has already been reviewed - contact the Contact Centre if you need to discuss it"....

NewJudge

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Apologies this is a Single Justice Procedure notice. It mentions the offence as the 3rd June and arrived by email on the 3rd October 2024.
Definitely 2023? If so, what was the date on the SJPN?

Did you hear anything about this between receiving the fixed penalty offer and the SJPN?

I may be wrong, but I don't believe an SJPN can be served by e-mail. As well as that, other material needs to be served with it (such as the evidence the police will rely on to convict you). Did you get this as well?

Quote
In a further twist I have just tried to plead online and it is telling me "Your case has already been reviewed - contact the Contact Centre if you need to discuss it"....
Have you checked you driving licence record to see whether you have been convicted in your absence?

RichardC

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Apologies this is a Single Justice Procedure notice. It mentions the offence as the 3rd June and arrived by email on the 3rd October 2024.
Definitely 2023? If so, what was the date on the SJPN?

Did you hear anything about this between receiving the fixed penalty offer and the SJPN?

I may be wrong, but I don't believe an SJPN can be served by e-mail. As well as that, other material needs to be served with it (such as the evidence the police will rely on to convict you). Did you get this as well?

Quote
In a further twist I have just tried to plead online and it is telling me "Your case has already been reviewed - contact the Contact Centre if you need to discuss it"....
Have you checked you driving licence record to see whether you have been convicted in your absence?

It definately stated the 03rd June 2023 for the offence and the posting date is the 03/10/24 - although it was an email...

I received a follow up letter to make the same offer again.

It definitely arrived by email - and they texted to say look in my junk box

I checked online and there is still no extra points.

I called the Contact Centre and said I could not plead online and that a notice says that the case has already been reviewed. They said call back before the the three week deadline to plea and they can do it for me. It does not seem right that I should have to do this?

Thank you so much for your reply
« Last Edit: October 03, 2024, 05:19:56 pm by RichardC »

Southpaw82

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Is there a written charge? Does it say when the charge was authorised?

NewJudge

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Re: Caught using a mobile Phone on June 2023 - summons arrived in October 2024
« Reply #10 on: October 03, 2024, 05:38:32 pm »
On the face of it, it appears that a prosecution is now time-barred. Proceedings must begin within six months of the date of the alleged offence.

However, some things don't seem right.

Quote
I received a follow up letter to make the same offer again.

What offer?

Before you enter any plea (by whatever method) you need to find out from the contact centre what "review" has taken place and what was the outcome. You need to find out why your SJPN was provided so late, why it was not served by post (as is usual) and why you have not received the accompanying material that should have been served with it (which, as you have not mentioned it, I assume was not served).

It may help if you post up what you have received but I would not enter any plea until you know the answer to all those questions, as well as the one that Southpaw has posed..

RichardC

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Re: Caught using a mobile Phone on June 2023 - summons arrived in October 2024
« Reply #11 on: October 03, 2024, 06:41:12 pm »
Is there a written charge? Does it say when the charge was authorised?

A copy of the charge was included in the SJPN - it states that charge date is the 03/10/2024

RichardC

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Re: Caught using a mobile Phone on June 2023 - summons arrived in October 2024
« Reply #12 on: October 03, 2024, 06:52:06 pm »
On the face of it, it appears that a prosecution is now time-barred. Proceedings must begin within six months of the date of the alleged offence.

However, some things don't seem right.

Quote
I received a follow up letter to make the same offer again.

What offer?

Before you enter any plea (by whatever method) you need to find out from the contact centre what "review" has taken place and what was the outcome. You need to find out why your SJPN was provided so late, why it was not served by post (as is usual) and why you have not received the accompanying material that should have been served with it (which, as you have not mentioned it, I assume was not served).

It may help if you post up what you have received but I would not enter any plea until you know the answer to all those questions, as well as the one that Southpaw has posed..

I received an initial letter saying I could pay £200 fine and take 6 points unless I had 6 or more points. A month or so late in August 2023 I got a follow up letter with the same offer saying that I had not responded to the first letter.

The SJPN was a number of pages and did include a copy of the original document the policeman gave me at the bottom.

The Contact centre were so useless I taped the call.I asked them what an earth was happening and they said the that my case was already being reviewed. I said what did this mean, as I had been given a date until the 24/10/2024 to enter a plea, so how could it be being reviewed already! They then said to try and Plead again in a week or so's time or I could ring them and enter a plea. That seemed absurd. 

Boomer

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Re: Caught using a mobile Phone on June 2023 - summons arrived in October 2024
« Reply #13 on: October 03, 2024, 07:50:15 pm »
I received an initial letter saying I could pay £200 fine and take 6 points unless I had 6 or more points. A month or so late in August 2023 I got a follow up letter with the same offer saying that I had not responded to the first letter.

Did you reply to the "initial letter"
Did you reply to the "follow up letter"
Have you replied to ANY letter?
Can we see the text of your replies (if any)?

You really are making it difficult for us to understand the exact position that you are in!

NewJudge

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Re: Caught using a mobile Phone on June 2023 - summons arrived in October 2024
« Reply #14 on: October 03, 2024, 08:06:14 pm »
I read it like this:

Received a Conditional Offer of a Fixed Penalty in July 23
Received a reminder in August 23.
Ignored both
Received an SJPN, including a written charge dated 3//10/24 and received that same day.