HELP - notice of intended prosecution

Nearly_Old

moomoominx wrote: »

BLIMEY! right - we had 2 sheets of paper the first as i explained was headed NIP and where and when my husband was spotted and the crime commited & the copper involved in the 'spotting' - and the second was where he has to fill in the details identifying the driver - so we have had both the NIP and the 172 - and the documents were HAND delivered at about 6.30 ish fiday evening - by the policeman involved i would presume as he had signed the enclosed documents - but as i was in the shower i cannot be 100% sure it would be the same policeman - i think the best thing we can do is send back the form as my husband is guilty and it could be proved via phone records - it was the words 'prosecution' that freaked me! - but as he wasnt stopped i guess they couldnt issue him with a fixed fine etc - so this confusing paperwork has been sent to identify the driver, many thanks for all your replies - much appreciated

The paperwork can be confusing the first time you receive one and the posts did start to get a bit off-topic which probably didn't help you. As you say that the offence can be proved, and the NIP has been delivered correctly then sending in the s712 to identify the driver should result in a Conditional Offer of a Fixed Penalty Notice. Hopefully he won't be using his phone again whilst driving!

A hands free kit is an option but interestingly my last employer (Danish company) actively discouraged these as well. I've noticed over the last few years more people stopping in lay-bys and getting out of their cars to make phone calls to make sure that they don't fall foul of the mobile phone legislation.

Lum

Nearly_Old wrote: »

A hands free kit is an option but interestingly my last employer (Danish company) actively discouraged these as well. I've noticed over the last few years more people stopping in lay-bys and getting out of their cars to make phone calls to make sure that they don't fall foul of the mobile phone legislation.

It's a badly written law. It's illegal to sit in a layby or a parking space, handbrake on, gearstick in neutral (or park) with your engine running and them make a call on a hand held mobile.

Really winds me up as I suffer from a skin condition that makes me very sensitive to sunlight and heat, so I'd rather stay in the car and keep the engine on to keep the aircon going.

Nearly_Old

Lum wrote: »

It's a badly written law. It's illegal to sit in a layby or a parking space, handbrake on, gearstick in neutral (or park) with your engine running and them make a call on a hand held mobile.

I agree that it is a terribly written piece of legislation. There was a debate on another forum (it may still be going on) as to when is an IPhone a "sat nav" and not a "phone". My son's IPad sits nicely in the centre tray of his car so he can use that and has Bluetooth for his IPhone.

Whenever possible I just leave the phone in the boot, put the roof down and enjoy the scenery (and the sunshine when there is any). I can check the phone when I stop for a coffee / loo, etc.