PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Filmed using mobile phone by neighbour
Flower123
post Thu, 22 Aug 2019 - 18:37
Post #1


Member


Group: Members
Posts: 31
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
Go to the top of the page
 
+Quote Post
4 Pages V   1 2 3 > »   
Start new topic
Replies (1 - 19)
Advertisement
post Thu, 22 Aug 2019 - 18:37
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Thu, 22 Aug 2019 - 18:55
Post #2


Member


Group: Members
Posts: 14,603
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.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
Flower123
post Thu, 22 Aug 2019 - 19:00
Post #3


Member


Group: Members
Posts: 31
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
Go to the top of the page
 
+Quote Post
southpaw82
post Thu, 22 Aug 2019 - 19:10
Post #4


Member


Group: Members
Posts: 30,363
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Flower123 @ Thu, 22 Aug 2019 - 20:00) *
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 he’s 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.
Go to the top of the page
 
+Quote Post
Flower123
post Thu, 22 Aug 2019 - 19:16
Post #5


Member


Group: Members
Posts: 31
Joined: 21 Aug 2019
Member No.: 105,338



That who's lying? My neighbour?
Go to the top of the page
 
+Quote Post
southpaw82
post Thu, 22 Aug 2019 - 19:19
Post #6


Member


Group: Members
Posts: 30,363
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Flower123 @ Thu, 22 Aug 2019 - 20:16) *
That who's lying? My neighbour?

No but do you?

Coming here for advice and saying β€œbut I read on the internet...” 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.
Go to the top of the page
 
+Quote Post
Flower123
post Thu, 22 Aug 2019 - 19:23
Post #7


Member


Group: Members
Posts: 31
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?
Go to the top of the page
 
+Quote Post
southpaw82
post Thu, 22 Aug 2019 - 19:30
Post #8


Member


Group: Members
Posts: 30,363
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Flower123 @ Thu, 22 Aug 2019 - 20:23) *
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.
Go to the top of the page
 
+Quote Post
Flower123
post Thu, 22 Aug 2019 - 19:36
Post #9


Member


Group: Members
Posts: 31
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?
Go to the top of the page
 
+Quote Post
southpaw82
post Thu, 22 Aug 2019 - 19:47
Post #10


Member


Group: Members
Posts: 30,363
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Flower123 @ Thu, 22 Aug 2019 - 20:36) *
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.
Go to the top of the page
 
+Quote Post
The Slithy Tove
post Thu, 22 Aug 2019 - 20:29
Post #11


Member


Group: Members
Posts: 2,435
Joined: 5 Jan 2012
Member No.: 52,178



QUOTE (Flower123 @ Thu, 22 Aug 2019 - 19:37) *
I was parked outside my home with the engine running whilst I was sorting out the google maps on my phone to go somewhere.

I would contend that you were not "driving" at the time, as you were parked up. Therefore no offence would have been committed.
Go to the top of the page
 
+Quote Post
Flower123
post Thu, 22 Aug 2019 - 21:12
Post #12


Member


Group: Members
Posts: 31
Joined: 21 Aug 2019
Member No.: 105,338



Thanks. Have people been able to use being stationary as a valid defence?
Go to the top of the page
 
+Quote Post
stamfordman
post Thu, 22 Aug 2019 - 21:48
Post #13


Member


Group: Members
Posts: 12,042
Joined: 12 Feb 2013
From: London
Member No.: 59,924



QUOTE (Flower123 @ Thu, 22 Aug 2019 - 19:37) *
I was parked outside my home with the engine running



He might have been cross about your engine.
Go to the top of the page
 
+Quote Post
Flower123
post Thu, 22 Aug 2019 - 22:04
Post #14


Member


Group: Members
Posts: 31
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 πŸ˜–
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Fri, 23 Aug 2019 - 00:08
Post #15


Member


Group: Members
Posts: 18,369
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (Flower123 @ Thu, 22 Aug 2019 - 23:04) *
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 πŸ˜–


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
Go to the top of the page
 
+Quote Post
Redivi
post Fri, 23 Aug 2019 - 00:25
Post #16


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
Go to the top of the page
 
+Quote Post
666
post Fri, 23 Aug 2019 - 06:53
Post #17


Member


Group: Members
Posts: 1,369
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (Flower123 @ Thu, 22 Aug 2019 - 23:04) *
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 πŸ˜–

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.
Go to the top of the page
 
+Quote Post
mike5100
post Fri, 23 Aug 2019 - 07:26
Post #18


Member


Group: Members
Posts: 92
Joined: 16 Jun 2019
Member No.: 104,319



QUOTE (Redivi @ Fri, 23 Aug 2019 - 01:25) *
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
Go to the top of the page
 
+Quote Post
Korting
post Fri, 23 Aug 2019 - 08:52
Post #19


Member


Group: Members
Posts: 1,204
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?
Go to the top of the page
 
+Quote Post
666
post Fri, 23 Aug 2019 - 09:19
Post #20


Member


Group: Members
Posts: 1,369
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (Korting @ Fri, 23 Aug 2019 - 09:52) *
I understood that that if the engine is running whilst parked, then an offence is committed.

But what if its an electric car?

In an electric car the motor does not run when stationary.
Go to the top of the page
 
+Quote Post

4 Pages V   1 2 3 > » 
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Wednesday, 13th November 2019 - 22:03
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.