Bit of a long stoy this, but I'm unsure of what to do so i'll put it to the forum to decide!

Back in late 2003 i was pulled over (in my Renault 5!) for driving down a bus lane, on my mobile phone. Coppers pulled me over and gave me a producer, a talking to, and sent me on my way with a police report but nothing else. I produced my documents that day at the police station, and thought nothing else of it.

A few weeks later i got a letter from the police saying i had run a red light at the time and was to be fined £30. I defintiely did not and the police report i had from the incident even said so on there, so i posted it off to the powers that be and that fine was withdrawn, happy days!

Now, 3-4 years later, i receive a letter saying that i have not paid a £30 fine for an offence on that date, and after looking into it they are now saying i haven't paid a fine for the original offence of 'driver not in position' (down a bus lane on my mobile). and that i must now pay £60 for fees and the offence has already been to court in 2003 and i didnt attend, but i was never told that there was a court case or this problem even existed!!!

I assume that i never received any literature from it as i move house ALOT.

So i've been advised that i can reopen the court case and plea that i was never fined at the time and appeal it, or i can just pay the £60. I initially wanted to appeal it but the lady at the prosecution services told me that if i did that i might have to pay more if found guilty...i dont want that. so i might just pay the fine :( which i dont think is very fair as i wasn't fined at the time (and if i still had the police report that i posted off to get the other cock up resolved, it would probably say that!!!)

btw - I know i did wrong at the time so none of high horsers sticking their oars in please

do they have proof that u run the light ? if they dont it will get dismissed.

do they have proof that u run the light ? if they dont it will get dismissed.

I had proof that i didnt run the light, that fine got quashed when i sent the proof off. Now they're claiming that i was fined at the time for driving down the bus lane, but i was not fined, just given a producer.

Well i got taken to court for an unpaid fine that was actually paid, dont worry it makes sence to me!!

I had they choice of paying £80 as i supposidly missed the £60 fine or going to court. After they listened to me n I listened to them i got charged the £80 fine anyway and got £30 court fees so i should have just paid the £80.

Depends as you do have a case on your hands but at the same time i felt i did. You will have to take time off work I'm guessing to go to court which will lose you money and waste your time.

The decision is yours . . . . . . . . .

do you still have the original evidence to say it didnt happen? and proof that you paid the fine?

IF not

pay the fine and dont waste police time - as it will get more expensive - my mate posted the original fine notice when he paid a fine and the same happened to him as they had his evidence. dodgy buggers they are!

I sent away the original police report to get the red light fine withdrawn.

Now they're saying i was fined for driving down the bus lane. But, i wasnt fined so haven't paid any fines as there were none issued. It's only now 3 years down the line that they're saying there is.

I dont want to end up with more fines, but at the same time feel wronged that i'm being fined when i wasnt issued with one!

Does it have to go as far as court - can you not ask them to search their archives first to check their story before they hassle you. Surely they should have record of it. And they must be desperate for cash to go digging up 3yr old offences to fine you again!

Well it's already BEEN to court apparently, in 2003. So they've said if i want to appeal they have to reopen the court case. They've also said that there's no records of the police report as they chuck them out after a while!

if thats the case then they have no proof u did it etc I'm sure the law said that if they dont do any thing within the first year they cant do you for it after a year but dont quote me on that!

Definately fight it. From what you have said they are clearly in the wrong. Also if they have thrown possible evidence away then what case are they going to have against you. You will definately win.

I agree with tja198a that they cant do anything after a year anyway with a producer.

Hmmm, maybe i will go to court then, better dust off my good suit then

The cheeky bastards.

As of the previous letter, they have stated that the enforcements are on hold for 4 weeks for a decision to be made...dated 25th Jan. I got a letter then on the 14th Feb saying that as i have not paid they will be looking into if i have a car that they can come and clamp!!

The rudest letter, saying how they can come round anytime they want and clamp my car:

'if you're out shopping, socialising with friends. Pay now to avoid uneccesary embarasment.'

cheeky f*kers!

The cheeky bastards.

As of the previous letter, they have stated that the enforcements are on hold for 4 weeks for a decision to be made...dated 25th Jan. I got a letter then on the 14th Feb saying that as i have not paid they will be looking into if i have a car that they can come and clamp!!

The rudest letter, saying how they can come round anytime they want and clamp my car:

'if you're out shopping, socialising with friends. Pay now to avoid uneccesary embarasment.'

cheeky f*kers!

Just park your car in a garage (if you have one) or not directly outside your house. Sounds like they're being pretty childish about the whole situation.

Cheeky bastards indeed! ANd what do they spend all the money on? MC donalds! I'll ask my friend (ex city of london police!) and post back what he suggests. My mate got done for speeding a year ago and they wrote all the wrong details down on the slip. When they realised, they went round his house with an amended copy and tried to get him to sign it again but he told them to f*** off and as they got it wrong, its their problem. he never did get fined.

Well i called them up and they said 'that letter was sent out in error'

Another error to add to the list then. yawn!

This is a case for the citizens advice bureau i think, that or Quincy M.E.

Haha i think yes it is indeed a case for citizens advice, after the way they treated you and all the worry it has caused you. Being wrongfully accused, WITHOUT proper supporting evidence, AFTER the time period in which they are allowed to prosecute. And for a 'crime' which has already been resolved. The problem is at their end, you shouldnt have to suffer again because of their incompetence.

Only problem is i only have til Thursday to sort it and the CAB are renound for being difficult to get hold of. I'll try to battle on but may have to end up paying the darn £60...

Spend your life on the phone til you get em!

Tis interetsing, trying to look to see if there is a period of time, as mentioned earlier, like a cut off point, after which you cannot be prosecuted for an offecne.

There is the statute of limitations, however this is a 6 year time scale and I do not think applies to offences. If I find anything will post it up. I know it is out there, just a case of finding it a linking it to your situation.

M8, I think I may have an answer for you :-D

Check your PM

Those who are interested, check out this link,

http://www.cps.gov.uk/legal/section9/chapter_a.html#25

read the section, PROCEDURE PRE TRIAL, makes for some interesting reading.

from my experiences I've jus had with court and loosing my license i suggest it would b easier u just pay the fine which saves you time, and £30 court fee and whateva else they wanna throw in your face, sorry 4 soundin like i know it all if it comes across like that but without any evidence i dont think you'll get very far....good luck anyway x