Refuting a motoring offence (use of phone)

kevbrownuk

I have received a NIP for using mobile phone whilst driving, so il fill it in and assume il get the standard £200 fine and 6 points in the post in two weeks time. I currently have 0 pts on my licence so its not the end of the world, but I don’t think the police have any physical evidence against me or could have even seen me holding a phone with absolute certainty. Wondering what I should do in this instance because if its worth me requesting court then I actually might just to prove a point that the officers interpretation was wrong (if the punishment wont be much more severe anyways)

 

 On Monday I was driving to work approaching a toll tunnel on a dual carriage way, I was currently stationery in rushhour, when I noticed a unmarked car next to me ( 4 people in the car, male driving, male passenger, 2 females in the back all in plain clothes, the front passenger waves his badge at me because he must have seen me looking down for a period of time and basically mouths through his window ‘were you on your phone’, to which I shook my head to say no. I have no way of knowing if the other people in the car were police officers or not, the officer could just have been hitching a lift to work with his friends for all I know. Anyways, I know the officer did not record me on his phone, also neither did any of the passengers in the back as they actually did not look at me (they were giggling). The car then dropped back a bit as traffic slowly moved (presumably at this point he noted down my partners reg) and then just carried on. He made no attempt to ask his driver to pull me over, there was also plenty of space to do this because the tunnel has an escape lane which I was just approaching which is used for HGV’s etc to move into if needed for other things like breakdowns. This would have gave the officer to opportunity to inspect my phone but he did not do this.

 

So anyways iv got the NIP through but the more I think about it, the more I think I have a decent case. The tunnel I drive through has huge signs up which say, ‘Turn your lights on’ and ‘turn on your radio’. I normally drive in my car which has the light control set to auto and is on the steering wheel sticks, however my car engine blew up last week so it is in the garage being repaired. So on this occasion I drove my partners car to work (insured). However her lights are not in the same place, they are actually the old fashioned ones located down next to where you switch the ignition on.  So my argument is simply that the officer mistook what he thought he saw and I was actually adjusting my lights and putting them on the correct settings which took a few seconds than it should as I was not used to that car, also I was opening my window.

Its not worth me getting legal advice over as it will be about £2k minimum once I reaches court, but if this officer has just decided he wanted to show off infront of his friends then il quite happily waste his time and make him attend court with me if my outcome is going to be the same or similar

Thoughts?

B789

Pepipoo may be a better bet for advice. This forum tends to concentrate on private parking charges.

Were you on your phone?

kevbrownuk

B789 said:

Pepipoo may be a better bet for advice. This forum tends to concentrate on private parking charges.

Were you on your phone?

i was adjusting my lights and window as directed by the signs infront of me.

baser999

Is there no provision to ask for their evidence? In the police tv programmes they pull the offender over and simply say they’d seen them on their phone, no evidence is produced. 

In the circumstances you have related, what’s to stop that guy firing off charges to anyone he wants to? 

Umkomaas

PePiPoo for bespoke advice on police penalties. A private parking forum is unlikely to offer expert guidance. Go here:

http://forums.pepipoo.com/index.php?act=SF&s=&f=5

The_Unready

"....but I don’t think the police have any physical evidence against me or could have even seen me holding a phone with absolute certainty".

A curious thing to say given your later denials. I'm sure you can appreciate how that might sound somewhat incriminating to the casual reader.

Johnersh

Well it's simple isn't it. 

The o/p fights if he wishes to. I'd not admit, pay £200 and risk increased premiums if an incorrect nip was received. 

Conversely it'd be silly to challenge a meritorious claim and then be asked to submit your phone for evidential review prior to a final hearing and be in a far worse position... 

Umkomaas

The OP is also taking advice over on PePiPoo - an interesting read, with some comments on the likely quantum if the OP fails in a challenge in court.
 
http://forums.pepipoo.com/index.php?s=ca9f229dd34dedc710b7eed6bb6aaa63&showtopic=149514