Filmed using mobile phone by neighbour |
Filmed using mobile phone by neighbour |
Thu, 22 Aug 2019 - 18:37
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#1
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Member Group: Members Posts: 35 Joined: 21 Aug 2019 Member No.: 105,338 |
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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Thu, 22 Aug 2019 - 18:37
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Thu, 22 Aug 2019 - 18:55
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#2
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
In Director of Public Prosecutions v Barreto [2019] EWHC 2044 (Admin) the High Court decided it's only an offence if you're using the phone for the purposes of interactive communication. Using your phone for a non-interactive communication function is not an offence, see https://www.bailii.org/ew/cases/EWHC/Admin/2019/2044.html
You don't need to prove what you were using your phone for, you don't need to prove anything at all. It would be for the police to adduce positive evidence that you were using your phone for an interactive communication purpose, which I would suggest they can't do based on what you've said. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Thu, 22 Aug 2019 - 19:00
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#3
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Member Group: Members Posts: 35 Joined: 21 Aug 2019 Member No.: 105,338 |
I read somewhere that even holding a mobile phone that isn't even switched on can be a six point offence? Is this not the case? If the police do send a NIP can i contest this? Thank you for responding
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Thu, 22 Aug 2019 - 19:10
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#4
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I read somewhere that even holding a mobile phone that isn't even switched on can be a six point offence? Is this not the case? If the police do send a NIP can i contest this? Thank you for responding Do you think heβs lying? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 22 Aug 2019 - 19:16
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#5
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Member Group: Members Posts: 35 Joined: 21 Aug 2019 Member No.: 105,338 |
That who's lying? My neighbour?
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Thu, 22 Aug 2019 - 19:19
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#6
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
That who's lying? My neighbour? No but do you? Coming here for advice and saying βbut I read on the internet...β is a waste of time by the way. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 22 Aug 2019 - 19:23
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#7
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Member Group: Members Posts: 35 Joined: 21 Aug 2019 Member No.: 105,338 |
Sorry I understand I am just worried about losing my license. So if the police can't prove I was using my phone for interaction purposes am I in the clear?
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Thu, 22 Aug 2019 - 19:30
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#8
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Sorry I understand I am just worried about losing my license. So if the police can't prove I was using my phone for interaction purposes am I in the clear? That would seem to be the current state of the law, yes. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 22 Aug 2019 - 19:36
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#9
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Member Group: Members Posts: 35 Joined: 21 Aug 2019 Member No.: 105,338 |
Ok thank you. Also is the footage my neighbour took of me legal evidence? Is it legal to record someone without their permission?
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Thu, 22 Aug 2019 - 19:47
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#10
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Ok thank you. Also is the footage my neighbour took of me legal evidence? Is it legal to record someone without their permission? Generally, yes. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 22 Aug 2019 - 20:29
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#11
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Member Group: Members Posts: 3,283 Joined: 5 Jan 2012 Member No.: 52,178 |
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Thu, 22 Aug 2019 - 21:12
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#12
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Member Group: Members Posts: 35 Joined: 21 Aug 2019 Member No.: 105,338 |
Thanks. Have people been able to use being stationary as a valid defence?
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Thu, 22 Aug 2019 - 21:48
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#13
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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Thu, 22 Aug 2019 - 22:04
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#14
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Member Group: Members Posts: 35 Joined: 21 Aug 2019 Member No.: 105,338 |
I doubt that I was only sat for a few minutes before I set off. I think he mustve started recording as soon as he heard the engine switch on π
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Fri, 23 Aug 2019 - 00:08
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#15
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
I doubt that I was only sat for a few minutes before I set off. I think he mustve started recording as soon as he heard the engine switch on π Being stationary is no defence not using for an interactive service is -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 23 Aug 2019 - 00:25
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#16
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Being stationary in traffic is an offence and specifically mentioned in the briefing notes to Parliament
The briefing notes also say that it may be permissible to use the phone if stuck in traffic for a long time that is not going to move "Driving" isn't absolutely defined in legislation and is considered case-by-case In my view, a car parked up in neutral with the handbrake on, even with the engine running, shouldn't be regarded as driving within the intention of this particular legislation Unlike a car in traffic, the decision when to move again is entirely under the control of the driver who, it can be assumed, will first terminate the call The use of the phone doesn't have any safety implications This post has been edited by Redivi: Fri, 23 Aug 2019 - 08:49 |
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Fri, 23 Aug 2019 - 06:53
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#17
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
I doubt that I was only sat for a few minutes before I set off. I think he mustve started recording as soon as he heard the engine switch on π Maybe he was looking to report you for the offence of running the engine while stationary, rather than the mobile phone use. Or perhaps both. |
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Fri, 23 Aug 2019 - 07:26
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#18
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Member Group: Members Posts: 162 Joined: 16 Jun 2019 Member No.: 104,319 |
Being stationary in traffic is not an offence and specifically mentioned in the briefing notes to Parliament The briefing notes also say that it may be permissible to use the phone if stuck in traffic for a long time that is not going to move "Driving" isn't absolutely defined in legislation and is considered case-by-case In my view, a car parked up in neutral with the handbrake on, even with the engine running, shouldn't be regarded as driving within the intention of this particular legislation Unlike a car in traffic, the decision when to move again is entirely under the control of the driver who, it can be assumed, will first terminate the call The use of the phone doesn't have any safety implications Yes - from this and other posts pulling over, parking switching the engine off and then taking or making the call seems to be in order. But do others find that people pull over to do this in the stupidest of places with little consideration for other drivers? Mike |
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Fri, 23 Aug 2019 - 08:52
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#19
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Member Group: Members Posts: 1,570 Joined: 13 May 2010 Member No.: 37,524 |
I understood that that if the engine is running whilst parked, then an offence is committed.
But what if its an electric car? |
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Fri, 23 Aug 2019 - 09:19
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#20
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
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