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Using phone whole driving
heythere
post Tue, 8 Jan 2019 - 13:14
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This is for a family member...

They were seen to be using their phone while driving around West London. NIP went to reg owner who identified the driver. Driver received NIP and confirmed details.

Now offer of 6 points and £200 has come through and they've only just told me about it, with 9 days left on the clock for the offer.

Can they request evidence at this point? Or would they have to refuse the offer and then go to court to see the evidence? Would the police, at this point, enter into correspondence?

I usually deal with council tickets (parking, etc) for family members but driving while using a phione is a first for me...
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post Tue, 8 Jan 2019 - 13:14
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ohnoes
post Tue, 8 Jan 2019 - 13:20
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QUOTE (heythere @ Tue, 8 Jan 2019 - 13:14) *
This is for a family member...

They were seen to be using their phone while driving around West London. NIP went to reg owner who identified the driver. Driver received NIP and confirmed details.

Now offer of 6 points and £200 has come through and they've only just told me about it, with 9 days left on the clock for the offer.

Can they request evidence at this point? Or would they have to refuse the offer and then go to court to see the evidence? Would the police, at this point, enter into correspondence?

I usually deal with council tickets (parking, etc) for family members but driving while using a phione is a first for me...


The person accused can't see any evidence until they plead 'not guilty' and attend court, as the identity of the driver is not in doubt they cannot ask for any photos or other information to assist in identifying the driver either.
If they do plead not guilty, they lose the ability to accept the conditional offer of 6 points and £200.
The court may impose a disqualification or a higher fine in the event of them being found guilty.
The court will also add costs in the event of a guilty plea which can add up to a considerable sum.

Hope this is useful.

This post has been edited by ohnoes: Tue, 8 Jan 2019 - 13:22


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The Rookie
post Tue, 8 Jan 2019 - 14:06
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If they did it, then taking the fixed penalty is likely to be the option.


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Jlc
post Tue, 8 Jan 2019 - 14:15
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QUOTE (ohnoes @ Tue, 8 Jan 2019 - 13:20) *
The person accused can't see any evidence until they plead 'not guilty'

That's not true, please don't continue to perpetuate this myth.

However, the fixed penalty offer will be lost if not complied with. (This will be the cheapest way to dispose of the matter without a prosecution)


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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cp8759
post Tue, 8 Jan 2019 - 14:29
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QUOTE (Jlc @ Tue, 8 Jan 2019 - 14:15) *
QUOTE (ohnoes @ Tue, 8 Jan 2019 - 13:20) *
The person accused can't see any evidence until they plead 'not guilty'

That's not true, please don't continue to perpetuate this myth.

However, the fixed penalty offer will be lost if not complied with. (This will be the cheapest way to dispose of the matter without a prosecution)

+1, you can ask for the evidence before entering a plea, however by that point the opportunity to deal with the matter by means of a fixed penalty will be lost. If the person accused was in fact on their phone, accepting the fixed penalty is the sensible option.


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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.
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Logician
post Tue, 8 Jan 2019 - 16:37
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QUOTE
The court may impose a disqualification or a higher fine in the event of them being found guilty.
The court will also add costs in the event of a guilty plea which can add up to a considerable sum.


A disqualification, while theoretically possible, is highly unlikely. Costs after a guilty plea would be £85, after a finding of guilt following a not guilty plea they would be much higher, guideline £620.


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Jlc
post Tue, 8 Jan 2019 - 16:43
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With 6 points at stake there might be more reasons than usual to 'fight'. But 'rejecting' the fixed penalty should not be done lightly.

This post has been edited by Jlc: Tue, 8 Jan 2019 - 16:43


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Tue, 8 Jan 2019 - 20:27
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QUOTE (heythere @ Tue, 8 Jan 2019 - 13:14) *
This is for a family member...
<...>
I usually deal with council tickets (parking, etc) for family members but driving while using a phione is a first for me...


As you have no experience of dealing with criminal motoring issues, would it not make sense to get the allegedly errant family member to seek advice themselves, rather than assist by adding an unnecessary layer of obfuscation?


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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heythere
post Fri, 11 Jan 2019 - 10:08
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QUOTE (andy_foster @ Tue, 8 Jan 2019 - 20:27) *
As you have no experience of dealing with criminal motoring issues, would it not make sense to get the allegedly errant family member to seek advice themselves, rather than assist by adding an unnecessary layer of obfuscation?


This member of the family is particularly computer illiterate and wouldn't even know where to start when trying to use a forum!

Thank you very much to all who replied, I will advise to accept the offer and suggest he moves on with his life!

Thanks again
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The Rookie
post Fri, 11 Jan 2019 - 10:50
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QUOTE (heythere @ Fri, 11 Jan 2019 - 10:08) *
suggest he moves on with his life!

And perhaps stop using the phone while driving?

Hopefully a lesson learnt a relatively less painful way than it could have been.


--------------------
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 8-0 PPC's
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