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PostPosted: Sat Oct 17, 2020 10:56 pm 
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What about using your phone as your PDA?

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PostPosted: Sun Oct 18, 2020 12:07 am 
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Sorry officer but I wasnt using my phone to place a bet on my ladbokes app, I only had my down whilst driving in the outside lane because I was tying both my shoe laces

Ok then sir, mind how you go


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PostPosted: Sun Oct 18, 2020 2:53 pm 
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grandad wrote:
What about using your phone as your PDA?

If you are using in out of a cradle, then that would be illegal.

If it's fixed in it's cradle, not illegal.

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PostPosted: Wed Nov 25, 2020 1:47 pm 
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Hi all,

Hope you are all well and keeping safe.

He’s received his court letter for the 6th January at the 10am. He hasn’t received any other documents witness statements etc unsure how to go about requesting as last time we contacted South Yorkshire CPS they said they weren’t handling the case. Would it be best to email the court or ring th hmcts helpline.

The above is for taking Sussex device and seeing if they will issue a fixed penalty notice instead of going to court. In the current climate he definitely can’t afford to get a solicitor.

Thanks

Nikki


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PostPosted: Wed Nov 25, 2020 8:17 pm 
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You need to call the court and ask if the 6th Jan date is for a trial, a case management hearing, or just to enter a plea?

The fact that you haven't been sent an evidence file indicates that it isn't for a trial. But mistakes, as you know, happen.

What would be good is it's a traffic court and then you can speak to the CPS/Traffic lawyer and decide what's the best way forward for both them and you. A lot of stuff is decided outside the courtroom.

IMO it's in no one's interest for this to go to trial, so they will try for it not to go to trial, and if they offer you a fixed penalty then it's worth considering.

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PostPosted: Thu Nov 26, 2020 1:55 am 
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Hi Sussex,

Thanks for the response. How you are keeping well.

We’ll get in touch with the court. In the letter it just says case will be heard on 6th January 2020 at 10am. Must be an automatic letter as at the top says it was me at to be heard on 25 Dec! The court will now hear them on above date.

I think it will be traffic court as last time they sent us a letter in August it stated your case has been put in a holding court due to covid the magistrate will arrange a date for when your case can be put begore the next available road traffic court for a case amanagement hearing when a trial date will be fixed.

Thanks

Nikki


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PostPosted: Fri Dec 04, 2020 12:35 pm 
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Hi all,

Hope you are all well.

We have finally heard back from the court they’ve said the 6th January date is a case management hearing am I correct in assuming this is to decide what happens next / how the case should be handled etc?

Is the above correct?

Is now the best time to request the case file (witness statements etc) from the CPS or Police CPS?

Thank you

Nikki


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PostPosted: Fri Dec 04, 2020 7:25 pm 
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BladeS1 wrote:
We have finally heard back from the court they’ve said the 6th January date is a case management hearing am I correct in assuming this is to decide what happens next / how the case should be handled etc?

Is the above correct?

Yes.

The questions the court, or maybe just the clerk/lawyer will ask is how many witnesses you have? Will you agree to accept witness statements from the admin who processed the paperwork, or do you want them to come to court? My advice is to accept them.

Clearly you want the officer there who is the one saying an offence has occurred.

I would imagine the only witness for the defence will be the defendant, unless someone else saw what happened.

You will have to fill in a PET form which includes the stuff above, and the defendant will have to outline his defence. Which from memory was holding the phone driving at 1 mile an hour doesn't amount to careless driving, if he was holding the phone at all.

All their evidence will be given to you before the hearing on the 6th, either by post of on the day.

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PostPosted: Fri Dec 04, 2020 7:57 pm 
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I have probably mentioned this before but, if he hasn't already done so, go and chat with the folks on www.pepipoo.com They will advise on best strategy.


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PostPosted: Sun Dec 06, 2020 9:48 pm 
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Hi,

Thank you both. I will have a look on pepipoo aswell.

Do you think I should request the case file is that the correct term or wait until they get round to sending them or see them on the day?

The only witness will be the police officer if he is called and then my brother as the defendant. Initially he was charged with use of mobile handheld device this was later dropped to driver not in proper control when he didn’t accept the fixed penalty notice and asked to go to court. This was because he wasn’t making a communication on the phone.

Thanks for all your help.

Nikki


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PostPosted: Mon Dec 07, 2020 12:37 pm 
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Nothing wrong with requesting the evidence file in advance.

At least you will see what the officer has stated and what, if anything, you disagree with it.

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PostPosted: Wed Dec 16, 2020 2:12 pm 
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Hi all,

We’ve gone round the houses on requesting the IDPC. We rang the HMCTS helpline whom basically said you’ll receive it on the day when we told them I can legally request in advance they told us to email the court. The court has finally got back to us with the following:

There is no IDPC for SJP road traffic matters. You will have been served a SJP notice which I have attached.

This is basically what they sent in May and what we returned with not guilty plea.

Is the above correct? The SJP contained the police report from the day that’s it.

Thanks
Nikki


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PostPosted: Wed Dec 16, 2020 7:07 pm 
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Quote:
Is the above correct? The SJP contained the police report from the day that’s it.

Not sure what else there would be.

However when you get to court you will be afforded as much time as you need to review whatever they have.

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PostPosted: Wed Dec 16, 2020 8:17 pm 
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Ok thank you


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PostPosted: Wed Jan 06, 2021 9:56 pm 
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Hi all,

He’s been to court this morning and they’ve laid it on quite thick basically saying very difficult to defend a case against a police officer also tha large fine with going to court looking at at least £600 and despite me telling him to stick to not guilty pleas he’s gone and accepted 3 points and £72 fine! They did ask why he didn’t bring representation.

He’s relieved it’s over. It’s a much better outcome than the 6 points and £200 fine.

I would like to thank all that have contributed to this thread especially those who have provided ongoing support from the beginning to the end you know who you are!

For anyone who can afford representation it is worth defended to the end.

Keep safe all and take care

Thanks

Nikki


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