How to get cancel wrongly sent court summons due to the software issue

[Malcom2019]

Hi
I got stopped by the police on the motorway and issued a ticket for Middle Lane hogging. This incident happened on 10-Feb-2019.
I was traveling in the middle lane and it was not safe for me to get into the leftmost lane. Less than 2 min there was a motorway exit route
so I was avoiding getting into the leftmost lane. The speed I was traveling 70-mile.

I got a letter on 24-March-2019 with an incorrect incident date ie 13-Feb-2019. The letter asking me to pay 100£ fine within 28 days
or me to challenge in the court.
It will cost three points in the license. I called the call center and reported the incorrect incident date details.

They told me the date will be corrected and the penalty notice will be reissued. They have given another 28 days to make the payment,
in the due course no action will be taken.

The next letter I got 15-May-2019 with correction of the incident date on the first page of the letter.

In the back side of the page (where payment reference number was given) again had wrong incident date ie 10-Feb-2019 instead of 10-feb-2019.

I tried to make the payment on 27-May-2019 and system was showing an error. I called the call center again.

They told me they can see the letter been reissued again however the ticket has gone to the next stage and I will be getting a court summons.
There are unable to correct the system and the only option available for me is reply to the court summon.
The call center people not at all helpful and I going through a lot of stress.

I tried to contact a few lawyers and I'm unable to manage the fee they are asking me to take my case.

Should I accept the court summon and make the payment (it will be more now) or is there any other option for me.

Thanks
Malcom

Do you get any legal aid with your home insurance? You can often get a 30-minute consultation for free.

I'm currently renting so I don't have home insurance.
I came to the UK through the Skilled Migration visa and living here last 6 Years. Next month I'm applying for my citizenship, it seems like my application can be rejected if I have any court summon due to the Fixed Penalty notice. For the last 6 year, I paid nearly 9000£ for my visa and to be eligible for citizenship and feel like very unlucky.

If they won't withdraw the summons then you've got no choice but to deal with it through the courts. In many areas of England (perhaps all by now, I'm not sure) the system has gone online and simple motoring matters with guilty pleas can be handled without a court appearance. It will end up costing more than the £100 fixed penalty though, as a fine will be based on your income and will have a victim surcharge and prosecution costs added.

You may be able to persuade the court to reduce the fine because of the administrative error on the original FPN. You can make those representations in person or when entering your plea online.

Alternatively, you could contest the charge altogether - you say in your first paragraph that it was not safe to move into the left hand lane. If a court hears that then it should refuse to accept a guilty plea and arrange a trial where the police will give their evidence and you will give yours. But if found guilty, the fine and CPS costs will be significantly higher.

Your best course of action might be to ask for a court hearing and try to speak to the prosecutor outside the courtroom. If you've got the paperwork showing the wrong dates, and especially if they've still got the wrong date on the summons, they might drop the charge altogether. If not, you're no worse than than if you'd entered a plea online.

Not even contents insurance? What if you were burgled?

Off-topic, I know. Good advice above.

I was traveling in the middle lane and it was not safe for me to get into the leftmost lane. Less than 2 min there was a motorway exit route so I was avoiding getting into the leftmost lane.

No disrespect, but that is two completely separate reasons ... was it unsafe, or were you avoiding ? The first is a defence to the charge, the second isn't ...

I'm not sure I'd have bothered correcting the date, what difference does it make if you were going to pay the fine anyway.

If it was unsafe to move into the left lane you could appeal the decision. Was it actually unsafe or were you just avoiding using it?

There is no reason to not be in the left lane when approaching a junction of a motorway unless there is other, slower traffic in it.
If you are in the left lane when you are passing the slip road ONTO the motorway (ie after the exit) and there is traffic JOINING the motorway then yes you may need to move to the middle lane to allow them to join safely.

I'm sure there may be a technicality regarding the dates on the paperwork but you WERE middle lane hogging, did commit the offence and were rightly charged!

Also you should really have contents insurance.

The bar for middle lane hogging is fairly high - you have to have been observed continuing on in the middle lane having passed at least one opportunity available to move left, with the road ahead clear. If the traffic in the LH lane was so tightly packed the OP could not move left then it suggests they were genuinely overtaking - meaning no offence has been committed. However if that is the case, it's hard to see how it could be misunderstood ...

As with all things roadwise, the Highway Code is the bible.

www.gov.uk/guidance/the-highway-code/motorways-253-to-273

Rule 264

You should always drive in the left-hand lane when the road ahead is clear. If you are overtaking a number of slower-moving vehicles, you should return to the left-hand lane as soon as you are safely past. Slow-moving or speed-restricted vehicles should always remain in the left-hand lane of the carriageway unless overtaking. You MUST NOT drive on the hard shoulder except in an emergency or if directed to do so by the police, traffic officers in uniform or by signs.

Can't blame the OP for wanting the paperwork to be completely accurate though. Generally mistakes are very rarely isolated, so spotting one tends to suggest there are more to be found.

Thank you all for the advice.

The only question remains when I got an FPN on 16-May-2019, the letter clearly says I have given 28 days to do the payment. However, the system doesn't allow me to pay due to the admin error. I am planning to reply to the court summons (when I receive) with all the above details on the date mismatch and not given enough notice to the payment.

I don't think it's fair law enforcement make a number of mistakes and not to help someone when this been notified. I see no difference in machine and human when they don't understand the feeling of another person.