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Original poster

Court summons for mobile phone driving

247 replies

Onlyme234 · 18/01/2025 11:16

Hi all
I was caught sending a text on my phone in standstill traffic in March last year. Silly of me but a police officer was walking past and caught me. I got issued an FPN and received a letter in the post with a £200 fine and then details of how to surrender my license details online. I didn't realise that I also had to send off my license, fill out a form and send that off too. I honestly just didn't read the form properly.
I paid the fine and did it online but didn't send the form off. In September, I received a refund of the £200 and a court summons.
I'm due to go to court on the 23rd and was wondering if anybody had any advice?
I want to just go in and be super honest and say it was human error and I didn't read the form properly. Has anyone ever had this before and received more points or a larger fine?
Do they just reissue the same as on the FPN or am I at risk for more?
Any advice valued please

OP posts:
Original poster
Onlyme234 · 18/01/2025 11:20

Just to add, I'm a student nurse. I've got very low income and live in dorms.

OP posts:
goodgirlclassicthing · 18/01/2025 11:34

Unfortunately in instances like this you don't really have a leg to stand on as it was a dangerous decision to begin with. Hopefully it's enough to cause you to think in future and not use the phone behind the wheel regardless of whether the traffic is moving or not. I'm not sure how anyone in the current day and age can still think it's acceptable. Go in and be honest and take it as the learning curve it is. Good luck.

ByQuaintAzureWasp · 18/01/2025 11:37

You'll have to go to court now. It's maximum penalty of a driving ban and £1000 fine (according to RAC website). Just sincerely apologise, explain you did pay the fine but didn't complete the form, apologise again and hope for the best.

MathsMum3 · 18/01/2025 11:38

Compliance with the terms of an FPN requires both paying the fine AND updating your license. Because you didn't do both, I think this would count as non-compliance, and therefore a challenge (hence the court summons).

I think all you can do at this point is be honest with them and explain what happened, as you say. In theory you could get more points (+2 I think) and/or a larger fine, but they may be lenient if you explain honestly and don't try to deny the offense. Also, the fine may be means tested, so if you're a student nurse it's unlikely to be much more than the original £200.

Did they give you an option to plead guilty without attending court? Because there may be additional court costs involved if you go to court. I'd read the letter carefully and see if pleading via a letter is an option for you.

Reallybadidea · 18/01/2025 11:40

Are you answering a different question to the one the OP asked? She didn't ask how to get off, she's already admitted it was a mistake and was asking for the process now it's gone to court due to a further error in not sending her licence off.

Gall10 · 18/01/2025 11:42

Onlyme234 · 18/01/2025 11:20

Just to add, I'm a student nurse. I've got very low income and live in dorms.

being a student nurse doesn’t mean you can send txts while in control of a car.
make sure you read patients notes, reports, results and details properly when you qualify!

Gall10 · 18/01/2025 11:43

goodgirlclassicthing · 18/01/2025 11:34

Unfortunately in instances like this you don't really have a leg to stand on as it was a dangerous decision to begin with. Hopefully it's enough to cause you to think in future and not use the phone behind the wheel regardless of whether the traffic is moving or not. I'm not sure how anyone in the current day and age can still think it's acceptable. Go in and be honest and take it as the learning curve it is. Good luck.

Correct response!

Startinganew32 · 18/01/2025 11:47

Gall10 · 18/01/2025 11:42

being a student nurse doesn’t mean you can send txts while in control of a car.
make sure you read patients notes, reports, results and details properly when you qualify!

Show quote history

Duh she didn’t say she was entitled to text at the wheel. She was stating her occupation and income as it relates to what sort of fine she would get at court.

vendredinamechange · 18/01/2025 11:48

If you are open and honest, and do not try to make excuses like saying the traffic was at a standstill, you may be fortunate in that they may make your fine as per the original fixed penalty notice, however be prepared to also to have to pay court costs and a victim surcharge in addition to the fine. Remember to take your licence with you.

Startinganew32 · 18/01/2025 11:49

goodgirlclassicthing · 18/01/2025 11:34

Unfortunately in instances like this you don't really have a leg to stand on as it was a dangerous decision to begin with. Hopefully it's enough to cause you to think in future and not use the phone behind the wheel regardless of whether the traffic is moving or not. I'm not sure how anyone in the current day and age can still think it's acceptable. Go in and be honest and take it as the learning curve it is. Good luck.

Did she say she thought it was acceptable? I’ve been caught speeding - I don’t think it’s acceptable and I accepted the penalty. The OP did pay the penalty but made an admin error meaning she has to go to court rather than having it dealt with the normal route.

Gloriia · 18/01/2025 11:52

God, what a waste of court time and resources. Surely a repeat letter reminding to update the licence would suffice and what a jobsworth PC was while you were stationary, why not a verbal warning.

Sorry op all you can do is pitch up, grovel say you paid and the rest was an admin error amd hopefully the person running the case will stick to the original fine. Good luck.

PointySnoot · 18/01/2025 11:53

It's automatically 6 points on your licence for the FPN. Non-compliance means that the court can impose additional measures - that could be extra points on your licence on top of the 6 that the FPN already carries, there's also the possibility of an additional fine on top of what you have already paid.

Worst case scenario is that you can be banned from driving and fined. I suspect that's unlikely, unless you are a new driver who has held their licence for less than two years (your licence would be automatically revoked if you reach 6 points within two years of having passed your test).

Your job and income is only relevant insofar as calculating the additional fine if they impose one. All you can do is attend court, be honest and say you're sorry.

DaDaDoDaiDa · 18/01/2025 11:54

vendredinamechange · 18/01/2025 11:48

If you are open and honest, and do not try to make excuses like saying the traffic was at a standstill, you may be fortunate in that they may make your fine as per the original fixed penalty notice, however be prepared to also to have to pay court costs and a victim surcharge in addition to the fine. Remember to take your licence with you.

Edited

OP has already admitted fault and paid the fine - she's asking how the court will view her administrative mistake in not sending the form off.

YourSnugHazelTraybake · 18/01/2025 11:55

Gall10 · 18/01/2025 11:43

Correct response!

Show quote history

Apart from the fact it doesn't answer the ops question in any way? So no, not correct response at all, in fact very irrelevant. Op just be honest and hope for the best, you've acknowledged you've screwed up and hopefully learnt your lesson. As another op said, read the courts documents carefully and see if you can plead without having to attend.

Kosenrufugirl · 18/01/2025 11:56

It's a registered midwife here. If you do end up with conviction (I hope not) please remember to update the uni and make sure you disclose when applying for jobs until the conviction is spent. Honestly is the best policy here. You won't be thrown off the course. However members of the public expect that qualified nurses pay attention to detail (as well as abiding by the law). If you do get a conviction it's going to be very stressful. I think you need to contact the uni welfare office and be proactive in terms of asking for counselling. You might also contact the Student Union. I do hope the Court will take your very challenging course as mitigating circumstances. I was a student not that long ago. Student nurses and midwives need to obtain 2 qualifications in a space of 3 years- academic and vocational. The demands of the course are insane. My best advice would be not to try to deal with this situation on your own. Reach out for help from uni, even if you are feeling embarrassed

LadyTable · 18/01/2025 11:57

Just be honest in court OP, that's all you can do.

Your job doesn't matter to them, just your income.

Kosenrufugirl · 18/01/2025 12:03

Nobody at the uni would want you be over stressed or off the course. Please do ask for help. If I was your personal tutor I would be prepared to attend the Court hearing with you and explain just how challenging the nursing course is. Please do reach out, we all make mistakes

HellofromJohnCraven · 18/01/2025 12:04

Op try posting in legal for an answer

Jabbabong · 18/01/2025 12:06

It was not human error. You decided to break the law.

I am honestly sick to the back teeth of seeing people at the wheel tapping away on the phone. In your profession you should know better.

Thegoatliesdownonbroadway · 18/01/2025 12:06

I hope they take your licence away. I have lost count of the number of times I have nearly been knocked off my bike by people driving on their phones. In fact, you probably shouldn't be a student nurse if that's your attitude to the safety of your fellow citizens. Bad luck.

vendredinamechange · 18/01/2025 12:08

DaDaDoDaiDa · 18/01/2025 11:54

OP has already admitted fault and paid the fine - she's asking how the court will view her administrative mistake in not sending the form off.

Show quote history

The opening poster has not paid the fine as it was refunded. The charge will be put to her as a new case starting from scratch, and she will need to plead - guilty or not guilty. We already know the plea will be guilty, and my previous reply still stands as to how they may handle the case. All the rest of it can be put forward in mitigation, however, they will not view an attempt to make excuses in a great light. It was not an ‘administrative error’ but a failure to fully read what was sent, and a failure to comply with instruction; and yes, she was caught bang to rights breaking the law. Just be honest and admit it all whilst showing some genuine remorse would be the best way forward.

sequin2000 · 18/01/2025 12:08

The 6 point penalty will be the same with a higher fine based on income.

www.sentencingcouncil.org.uk/offences/magistrates-court/item/offences-appropriate-for-imposition-of-fine-or-discharge/#Fail%20to%20give%20information%20of%20driver%E2%80%99s%20identity%20as%20required

The three lines in the top left of this page and calculators will enable you to calculate the fine.

Youcancallmeirrelevant · 18/01/2025 12:09

Jabbabong · 18/01/2025 12:06

It was not human error. You decided to break the law.

I am honestly sick to the back teeth of seeing people at the wheel tapping away on the phone. In your profession you should know better.

Did you read the OP? She said it was human error to not read the form fully, not the sending of a text.

ThinWomansBrain · 18/01/2025 12:10

glad to hear that people are getting prosecuted for using mobile phones while driving. they should extend the legislation to cyclists too.

Thegoatliesdownonbroadway · 18/01/2025 12:12

ThinWomansBrain · 18/01/2025 12:10

glad to hear that people are getting prosecuted for using mobile phones while driving. they should extend the legislation to cyclists too.

Agree and Deliveroo scooters. I wish it was an instant ban. The Car gets towed away and you walk home. Same deal for drunk/drug drivers.