3. Caught using a mobile phone while driving - Final reminder
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Caught using a mobile phone while driving - Final reminder
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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
back of letter

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?
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Re: Caught using a mobile phone while driving - Final reminder
« Reply #1 on: »
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.
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Re: Caught using a mobile phone while driving - Final reminder
« Reply #2 on: »
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.
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Re: Caught using a mobile phone while driving - Final reminder
« Reply #3 on: »
Quote from: bertie21980 on December 28, 2023, 03:21:29 am
I got a letter through the post stating that I was caught using a mobile phone


it doesn't say that.

Quote
and this is the final reminder. Apparently, this happened on the 26th of October 2023.

front of letter
back of letter

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.

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
How could you know this (ignoring that it's clearly not true)?

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stating that I have ignored their responses. I never received any letter about this before
What happens to you post when you are not living there?

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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?

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.
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Re: Caught using a mobile phone while driving - Final reminder
« Reply #4 on: »
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 on December 28, 2023, 10:59:25 am
Quote from: bertie21980 on December 28, 2023, 03:21:29 am
Quote
This particular letter was delivered on the 18th of December
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
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?

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.

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.
« Last Edit: December 29, 2023, 01:02:03 am by bertie21980 »
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Re: Caught using a mobile phone while driving - Final reminder
« Reply #5 on: »
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?
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Re: Caught using a mobile phone while driving - Final reminder
« Reply #6 on: »
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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  3. Caught using a mobile phone while driving - Final reminder