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Mobile phone FCP, Advise please
Jay2626
post Mon, 2 Jul 2018 - 17:58
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I have just received an FCP becaus I was caught on a mobile.
Which I admitted at the scene it was 30 seconds to a doctors appointment I was running late for
I have been signed off work for 2 years with Axiety and depression and also medicated for the same time.
It sounds like a convenient excuse but it the truth.

I was hoping to go provide evidence from doctor and therapist etc I also let the policeman screen cap number to show it was doctor and the duration.

My concern is do I face paying costs and a potential bigger fine than the £200 for pleading guilty by post or going to court?

Is it better just to pay it all whist I have chance or are my circumstances mitigating?

I have a clean licence part from that.

Any advice much appreciated

Thanks
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post Mon, 2 Jul 2018 - 17:58
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peterguk
post Mon, 2 Jul 2018 - 18:04
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Running late for an appointment is no defence. I wouldn't take the matter to court.

Next time pull up before making the call.

This post has been edited by peterguk: Mon, 2 Jul 2018 - 18:06


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Jlc
post Mon, 2 Jul 2018 - 18:12
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QUOTE (Jay2626 @ Mon, 2 Jul 2018 - 18:58) *
I was hoping to go provide evidence from doctor and therapist etc I also let the policeman screen cap number to show it was doctor and the duration.

My concern is do I face paying costs and a potential bigger fine than the £200 for pleading guilty by post or going to court?

Is it better just to pay it all whist I have chance or are my circumstances mitigating?

Unfortunately the 6 points £200 fixed penalty will be the best you get. The offence is complete and the stuff you mention above does not amount to a defence.

Yes, going to court will involve costs.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Jay2626
post Mon, 2 Jul 2018 - 18:21
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QUOTE (peterguk @ Mon, 2 Jul 2018 - 19:04) *
You don't appear to have any defence. I wouldn't take the matter to court.


Thanks
Like I say I didn’t deny it at the time, not everyone attends court to say not guilty though right?

Highly anxious about missing appointment and going to doctors in general
Hence being on the phone to tell them I was running late minutes before my appointment time.
Most people wouldn’t have bothered or cared, that is the reason for being on the phone to them.
Also if I have been singed off for 2 years paying £200 needs to be taken into account via means.
But yeah this is why I sought advise here

I just wanted to give my “mitigating evidence” to be taken into account if possible?

QUOTE (Jlc @ Mon, 2 Jul 2018 - 19:12) *
QUOTE (Jay2626 @ Mon, 2 Jul 2018 - 18:58) *
I was hoping to go provide evidence from doctor and therapist etc I also let the policeman screen cap number to show it was doctor and the duration.

My concern is do I face paying costs and a potential bigger fine than the £200 for pleading guilty by post or going to court?

Is it better just to pay it all whist I have chance or are my circumstances mitigating?

Unfortunately the 6 points £200 fixed penalty will be the best you get. The offence is complete and the stuff you mention above does not amount to a defence.

Yes, going to court will involve costs.


Ok thanks
I’m not sure I wanted to raise it as a defense, I intended to plead guilty and provide evidence to why I was on the phone and hope that it my be taken into account.

I don’t know anything about the court systems etc that’s why I came here, to take onboard what people with more experience had to say

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Jlc
post Mon, 2 Jul 2018 - 18:24
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Yes, you can take a guilty plea to court. They won't be able to issue less than 6 points - which is often of most concern. (Special reasons not to endorse won't apply)

You can give mitigating circumstances but the net effect will still likely exceed the fixed penalty. At the other end of the scale there are defences around duress, for example phoning the police or where there was a life threatening situation, neither of which apply here.

However, you will be able to agree a payment schedule with the court. (But the total will exceed £200 as mentioned).

Prosecution costs for a guilty plea would be £85, a contested trial is a whole lot more... and there's a minimum £30 surcharge.

This post has been edited by Jlc: Mon, 2 Jul 2018 - 18:26


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Jay2626
post Mon, 2 Jul 2018 - 18:30
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QUOTE (Jlc @ Mon, 2 Jul 2018 - 19:24) *
Yes, you can take a guilty plea to court. They won't be able to issue less than 6 points - which is often of most concern. (Special reasons not to endorse won't apply)

You can give mitigating circumstances but the net effect will still likely exceed the fixed penalty. At the other end of the scale there are defences around duress, for example phoning the police or where there was a life threatening situation, neither of which apply here.

However, you will be able to agree a payment schedule with the court. (But the total will exceed £200 as mentioned).

Prosecution costs for a guilty plea would be £85, a contested trial is a whole lot more... and there's a minimum £30 surcharge.


Thanks bud
Glad I came here
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andy_foster
post Mon, 2 Jul 2018 - 18:54
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QUOTE (Jay2626 @ Mon, 2 Jul 2018 - 18:58) *
I have just received an FCP


???


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Andy

If you're going to try to contradict me, please at least try to get your facts straight.
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Jlc
post Mon, 2 Jul 2018 - 19:01
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QUOTE (andy_foster @ Mon, 2 Jul 2018 - 19:54) *
QUOTE (Jay2626 @ Mon, 2 Jul 2018 - 18:58) *
I have just received an FCP


???

It's got 3 out of the 4 letters of a CoFP. A little rearranging and huzzah...

But worth confirming.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Mon, 2 Jul 2018 - 19:16
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Sorry but what you have said is clearly not a defence and in fact not really mitigation, so there is no point at all in taking it to court. Accepting the fixed penalty is the best thing to do, as it will be both the easiest and cheapest way of dealing with this for you, anything else will be more expensive in money, will not save you points and will produce anxiety for you.


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Jay2626
post Mon, 2 Jul 2018 - 19:19
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QUOTE (andy_foster @ Mon, 2 Jul 2018 - 19:54) *
QUOTE (Jay2626 @ Mon, 2 Jul 2018 - 18:58) *
I have just received an FCP


???


Fcking copper pulledme

Or

FPN misspelt due to small screen
Whichever you prefer

QUOTE (Logician @ Mon, 2 Jul 2018 - 20:16) *
Sorry but what you have said is clearly not a defence and in fact not really mitigation, so there is no point at all in taking it to court. Accepting the fixed penalty is the best thing to do, as it will be both the easiest and cheapest way of dealing with this for you, anything else will be more expensive in money, will not save you points and will produce anxiety for you.


👍🏻Thanks
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notmeatloaf
post Tue, 3 Jul 2018 - 15:47
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Just to add if what you are getting at is you'd like to have your day in court to offer an explanation then that is quite common and understandable.

You need to factor in the extra cost but if you are on limited means you may find it is not a huge difference. Plus you delay the payment for six months ish (time it takes to go to court) and they will normally accept payments in installments. That can be useful when you are signed off.

The important one to check is your insurance. Some insurers like to know immediately that you have a pending prosecution, some when you get the points and some at renewal. No insurance is 6pts and then a six month totting ban which you don't want to risk.

Budget for a rise in premiums too.

If you decide to go to court check back, even for a guilty plea mitigation can become aggravating circumstances surprisingly easily.

This post has been edited by notmeatloaf: Tue, 3 Jul 2018 - 15:48
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The Rookie
post Tue, 3 Jul 2018 - 17:52
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As it’s an FPN, you need to pay the penalty or opt for court, doing nothing will see it registered as an unpaid debt and the amount doubled. It would be different if you had a conditional offer of a fixed penalty.


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andy_foster
post Tue, 3 Jul 2018 - 21:37
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QUOTE (The Rookie @ Tue, 3 Jul 2018 - 18:52) *
As it’s an FPN


I would be prepared to bet a fair chunk of money that it's not.


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Andy

If you're going to try to contradict me, please at least try to get your facts straight.
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The Rookie
post Wed, 4 Jul 2018 - 04:12
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Indeed, but you know the rule!


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

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Jay2626
post Wed, 4 Jul 2018 - 12:03
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It was a conditional offer of fixed penalty

But in reality what is the conditional bit?
Anyway I have 28 days
So after the advice I’ll guess I’ll just have to suck eggs and weigh it out
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peterguk
post Wed, 4 Jul 2018 - 12:06
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QUOTE (Jay2626 @ Wed, 4 Jul 2018 - 13:03) *
It was a conditional offer of fixed penalty

But in reality what is the conditional bit?


Either you agree to the conditions (send in DL and pay the penalty) or you choose not to. If you do the matter is concluded. If not the matter goes to court where the penalty will be more severe.

This post has been edited by peterguk: Wed, 4 Jul 2018 - 12:08


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The Rookie
post Wed, 4 Jul 2018 - 13:37
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The offer is conditional, i.e. that you satisfy the requirements (laid out on it) to accept it, e.g. If you have 6 or more points already, you can't accept it.

If it were an FPN and the officer made a mistake by giving you one when he shouldn't, they can't stop you accepting it.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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southpaw82
post Wed, 4 Jul 2018 - 14:09
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QUOTE (The Rookie @ Wed, 4 Jul 2018 - 14:37) *
If it were an FPN and the officer made a mistake by giving you one when he shouldn't, they can't stop you accepting it.

Even if he would become a totter as a result?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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cp8759
post Wed, 4 Jul 2018 - 14:43
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QUOTE (southpaw82 @ Wed, 4 Jul 2018 - 15:09) *
QUOTE (The Rookie @ Wed, 4 Jul 2018 - 14:37) *
If it were an FPN and the officer made a mistake by giving you one when he shouldn't, they can't stop you accepting it.

Even if he would become a totter as a result?

Wouldn't that depend on when they noticed? If they erroneously gave you one, took the payment, returned your licence with a total of 12 points, then at some point down the line (but within the six months) they realise there's been some sort of administrative error, could they at that late stage rescind everything and prosecute? More importantly, even if technically they could, would they?

However the likelihood is the error would be spotted before the points were applied (I think we've had examples of this) so you'd just get your licence back with a covering letter saying there's been an error, you're not eligible for a CoFP and you'll receive a summons in due course


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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The Rookie
post Wed, 4 Jul 2018 - 14:55
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QUOTE (southpaw82 @ Wed, 4 Jul 2018 - 15:09) *
QUOTE (The Rookie @ Wed, 4 Jul 2018 - 14:37) *
If it were an FPN and the officer made a mistake by giving you one when he shouldn't, they can't stop you accepting it.

Even if he would become a totter as a result?

My understanding is once issued it can't be withdrawn, so yes even if the driver would become a totter as a result. I can't see any exemption?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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