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Hi there, about 17 days ago I was caught using my mobile phone by an officer on a bike.

Obviously I was using the phone and agreed with him straight away that I was an arse. He gave me a fixed penalty (3 points and 60 quid) and told me I had 28 days to take my license to my local police station.

Well last night my wife read the ticket (I had not as I had plenty of time to deal withit), and she spotted that I had 28 days to pay the fine but only 7 to surrender my license at the police station.

Well when I got there and the women behind the desk filled out all the boxes etc. I did mention that it was late as I was told 28 days (she had not got to this bit yet). The women (who I know from years ago hence pointing this out) told me she would have to caution me (which she did) and that the other police force may take this whole thing to court as I was later producing (the offence was committed in the next county).

Obviously I am quite worried as I would rather not go to court, I was happy with 3 points and 60 quid fine but with the wrong magistrates I could look like a murdering ba****** who pulls puppys legs off. Any one know what is likely to happen?
I was just speaking to a friend just now on the phone and a work colleage of theirs were told last week when they were stopped for speeding that they had 28 days. They spotted yesterday that they had 7 days and yesterday was the 7th day, (They have taken their license in today but no news yet on whether or not anything was said). Is this common? am I worrying over nothing?
no your worrying over something

if you dont surrender your license within the 7 days they will prob not honour the offer of fixed penalty, turning the 60 quid into a few hundred

plus you get a summons for failing to produce which will add another hundred or so to the bill
In theory, you cannot be given an endorseable Fixed Penalty Notice until you have surrendered your licence. Under s. 54(4) RTOA 1988 a constable can issue a notice which requires the person who you surrender your licence to to issue a Fixed Penalty Notice, provided that you surrender your licence within the 7 days.

However, many forces seem to use the same notice for a Fixed Penalty Notice (when your licence is surrendered to the constable at the side of the road), and s. 54(4).

Did the woman behind the desk issue you with a Fixed Penalty Notice (usually this involves her returning the slip that you gave her when you produced your licence)?
If so, it seems to me that the OP should be able to pay the fixed penalty.
This happens to me occassionally.

Have you paid the fine?

As long as the licence has been submitted and fine paid I and many colleagues where I work aren't too concerned about late production.

Now I know there is no guarantee, but since you were reasonable at the roadside you might find they accept it.

These things typically come back to the officer concerned to do a summons file. Hence if you've paid and produced, albeit late you might find the offer is honoured. Its just more paperwork for the officer concerned otherwise.
Hi there, thanks for the replies, she did take my license, however it did have to go off to another police force (next county) and I got part of it back (to use as my license and to send the fine off with). The fine payment is going off tommorow, all within 20 days of the offense. She wrote down that I was told 28 days, what worries me is the officer would have to argue he did not say this so would take the matter further.

I just would not want this is get stupied, this is simply an oversight and I would not want them to think I was not taking the offense (of mobile phone use) seriously and decide I needed taught a lesson. Now she has sent the license and ticket off can they (or would they) refuse it and send it back, then summon me?

Is it worth me trying to contact the original officer or police force and explain the oversight or am I red flagging something to guarantee they take further action.
QUOTE (NoCTRL @ Thu, 17 Sep 2009 - 20:38) *
she did take my license, however it did have to go off to another police force (next county) . The fine payment is going off tommorow, all within 20 days of the offense.
Now she has sent the license and ticket off can they (or would they) refuse it and send it back, then summon me?

Did she hand you back the ticket (or give you some other Fixed Penalty Notice)?
If not, how are you paying the fine? Did you note down the payment instructions before surrendering your licence, or were you given something else with the payment details on it?
She handed me back the part of the ticket that has the payment bit on. From memory (its at work) it says Part 2, Make payment or Part 3, Do not accept and appear in court (I may have got part 2 and 3 in the wrong order). I understood from her that she did what she would have done whether it was late or not (accept she also cautioned me and added a comment to the form that I was told 28 days).
I think that if she accepted your licence and sent it to the other force they will accept it if you pay the penalty. She could have refused accepting it as it was late and thats where your problems would have begun.
Hopefuly you will be OK.
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