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Filmed using mobile phone by neighbour
Flower123
post Thu, 22 Aug 2019 - 18:37
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Hey everyone this is my first post.
I was parked outside my home with the engine running whilst I was sorting out the google maps on my phone to go somewhere. Once I put the phone its cradle I looked up and noticed a neighbour filming me whilst shaking his head. The footage would clearly show me and my number plate if sent to the police. The footage was taken from inside my neighbours home. Im a new driver so is there anyway I would get 6 points for this? Pls help
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post Thu, 22 Aug 2019 - 18:37
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stamfordman
post Fri, 23 Aug 2019 - 09:38
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Cleary the OP should have a polite word with the neighbour otherwise we're all guessing.
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Redivi
post Fri, 23 Aug 2019 - 09:55
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QUOTE (Korting @ Fri, 23 Aug 2019 - 09:52) *
I understood that that if the engine is running whilst parked, then an offence is committed.


Don't know if this has been tested

Police have been known to issue an FPN when the key was simply in the ignition - which does raise an issue for electric cars

When it was only £100/3 pts it wasn't worth the time and expense to reject the FPN and have a day in court

This post has been edited by Redivi: Fri, 23 Aug 2019 - 09:56
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Korting
post Fri, 23 Aug 2019 - 10:13
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If the keys are in the ignition, but the engine is switched off, afaik no offence is committed.

I would test that in court if it was me. What then happens with cars where the key only has to be in proximity, ie there's no ignition key.
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DastardlyDick
post Fri, 23 Aug 2019 - 10:21
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Stop panicking - wait and see if you do get an NIP from the Police (which I would say is unlikely), then you can contest it on the grounds already mentioned.
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The Rookie
post Fri, 23 Aug 2019 - 10:37
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QUOTE (Korting @ Fri, 23 Aug 2019 - 11:13) *
If the keys are in the ignition, but the engine is switched off, afaik no offence is committed.

Well that depends on what you mean by 'switched off', start stop systems switch off the engine but would be no more or less driving than engine running.

Key in accessory position would be different.
'
At the end of the day a court decides whether an accused was 'driving' or not.


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rd250dx
post Fri, 23 Aug 2019 - 10:38
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Surely the neighbour must know how this could pan out for himself if he was to dob you in to plod.
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Flower123
post Fri, 23 Aug 2019 - 10:46
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My neighbour and my father haven't been on the friendliest terms for a while so speaking to him wouldn't be possible. I'll have to wait and see if a NIP comes in the post 😭. Thanks for the advice everyone
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southpaw82
post Fri, 23 Aug 2019 - 11:05
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QUOTE (DastardlyDick @ Fri, 23 Aug 2019 - 11:21) *
Stop panicking - wait and see if you do get an NIP from the Police (which I would say is unlikely), then you can contest it on the grounds already mentioned.

Considering no NIP is needed for the mobile phone offence I’d not be holding my breath for one.


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Redivi
post Fri, 23 Aug 2019 - 11:50
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Would the neighbour have to appear in court as a witness if the OP pleads Not Guilty ?
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Flower123
post Fri, 23 Aug 2019 - 12:26
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Would the police not need to send a NIP to the registered keeper? I'm sure they must need to determine the identity of the driver before further enquiry?
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The Rookie
post Fri, 23 Aug 2019 - 13:42
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QUOTE (Redivi @ Fri, 23 Aug 2019 - 11:50) *
Would the neighbour have to appear in court as a witness if the OP pleads Not Guilty ?

Yes the witness would be needed.

QUOTE (Flower123 @ Fri, 23 Aug 2019 - 12:26) *
Would the police not need to send a NIP to the registered keeper? I'm sure they must need to determine the identity of the driver before further enquiry?

A NIP doesn’t get the drivers details, an S172 request does. No NIP is required but yes an S172 request would be but there is no 14 day limit on that.


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Flower123
post Fri, 23 Aug 2019 - 14:01
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So I have to wait 6 months to know if i'm in the clear? Is there anyway to find out if someone has reported my license plate?
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southpaw82
post Fri, 23 Aug 2019 - 14:10
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Other than that we do not have such things as “license plates” in the UK, you could call the police and ask. Whether they would (a) tell you or (b) be able to search by your vehicle registration mark alone is uncertain.


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The Rookie
post Fri, 23 Aug 2019 - 14:36
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If you do contact the police, leave it at least 2 weeks, no point rushing in and then the incident being logged later.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Flower123
post Fri, 23 Aug 2019 - 15:18
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Ok I will wait. Does the footage have to be sent in to the police by a certain time or does the amount of time taken to hand it in not matter?
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TryOut
post Fri, 23 Aug 2019 - 15:35
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QUOTE (Flower123 @ Fri, 23 Aug 2019 - 16:18) *
Ok I will wait. Does the footage have to be sent in to the police by a certain time or does the amount of time taken to hand it in not matter?

You got into your car, started it up and fiddled with your mobile before putting it in a holder. Then you drove away.
Even if the police got a video of that they are not likely to do anything in the way of a prosecution.
If that wasn't the case and you drove away before mounting your phone in a holder and was still using it then something may be done about it.
If it was as you described I can't see anything coming from it other than your neighbour being offended because his video wasn't the key evidence in the crime of the century.
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Flower123
post Fri, 23 Aug 2019 - 15:49
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Ok I would think the police would have to pursue this as it has been sent in by a member of public? If the police do prosecute what are the chances of me being given the 6 point penalty and having my license revoked?
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southpaw82
post Fri, 23 Aug 2019 - 15:51
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QUOTE (The Rookie @ Fri, 23 Aug 2019 - 15:36) *
If you do contact the police, leave it at least 2 weeks, no point rushing in and then the incident being logged later.


Why wait two weeks?

QUOTE (Flower123 @ Fri, 23 Aug 2019 - 16:49) *
Ok I would think the police would have to pursue this as it has been sent in by a member of public? If the police do prosecute what are the chances of me being given the 6 point penalty and having my license revoked?

The police don’t have to pursue it at all. If you are convicted then the 6 points is very likely - if you get 6 points your licence will be revoked. From what you have said you don’t appear to be guilty of the mobile phone offence, however.


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The Rookie
post Fri, 23 Aug 2019 - 16:22
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QUOTE (southpaw82 @ Fri, 23 Aug 2019 - 15:51) *
QUOTE (The Rookie @ Fri, 23 Aug 2019 - 15:36) *
If you do contact the police, leave it at least 2 weeks, no point rushing in and then the incident being logged later.


Why wait two weeks?

Arbitrary amount of time for the neighbour to report it and the police to log it such that if they are going to log it it’s likely to be on the system by then, otherwise an enquiry before it’s logged risks getting a false negative. (No nothing to do with NIPs or 14 days).


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Flower123
post Fri, 23 Aug 2019 - 16:22
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Ok which offence would I be convicted for if not the mobile offence? And how many points does it carry?
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