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Help fixed penalty for phone and seatbelt at lights, Just left supermarket car park barriers
Stan134
post Wed, 31 Jan 2018 - 12:30
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Advice please

Last month I left supermarket carpark and took off my seatbelt to activate barriers by putting the parking card into the slot in the barriers.
I drove into a line of static traffic opposite the barriers just as the traffic light turned red. I did not have time to put my seatbelt on as I had to drive through barriers into the static traffic.
My car was at a standstill
I reached for mobile phone to check time
At which point Metropolitan Police who were standing on the pavement knocked on my window.
I explained all to the Police (not using phone/texting - seatbelt removed for barrier) however they pointed out that I was holding my phone and I didnt have my seatbelt on so I had no case to argue.
I have received two Conditional Offer of Fixed Penalty
£100 for seatbelt and fixed penalty £200 plus 6 points for phone.
I have low work income and in receipt of benefits
I have no points on my licence
Should I contest this? I dont want to risk incurring any additional costs as its already loads of money. Would I have to go to court in person as I'm not sure I'm able to do that

Thanks

This post has been edited by Stan134: Wed, 31 Jan 2018 - 12:35
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andy_foster
post Wed, 31 Jan 2018 - 20:29
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QUOTE (Stan134 @ Wed, 31 Jan 2018 - 12:30) *
I drove into a line of static traffic opposite the barriers just as the traffic light turned red. I did not have time to put my seatbelt on as I had to drive through barriers into the static traffic.
My car was at a standstill
I reached for mobile phone to check time


I would argue that the mobile phone legislation should be interpreted purposively, and that for the purposes of that legislation you were neither using your phone or driving.

If the purpose of the legislation is to prevent drivers causing danger to other road users (and themselves) by failing to adequately control their vehicles whilst being distracted by using a hand-held mobile phone for interactive communication purposes, not only is looking at the clock not using it (for interactive communication purposes), but stationary vehicles generally do not require much to adequately control them.


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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4x4x4
post Thu, 8 Feb 2018 - 19:17
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QUOTE (andy_foster @ Wed, 31 Jan 2018 - 20:29) *
I would argue that the mobile phone legislation should be interpreted purposively, and that for the purposes of that legislation you were neither using your phone or driving.

If the purpose of the legislation is to prevent drivers causing danger to other road users (and themselves) by failing to adequately control their vehicles whilst being distracted by using a hand-held mobile phone for interactive communication purposes, not only is looking at the clock not using it (for interactive communication purposes), but stationary vehicles generally do not require much to adequately control them.
You could make the same argument about eating or drinking whilst stationary at say traffic lights or just volume of traffic but either of those will get you into trouble.

You need to be careful about paying by mobile phone at a McDo drive thru too, haw many have done that without a thought I wonder ?
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Posts in this topic
- Stan134   Help fixed penalty for phone and seatbelt at lights   Wed, 31 Jan 2018 - 12:30
- - The Rookie   You are going to struggle on both of those... The...   Wed, 31 Jan 2018 - 12:38
- - Stan134   Thanks for your help - much appreciated (the cloc...   Wed, 31 Jan 2018 - 12:54
- - The Rookie   If you can convince the court you were not 'us...   Wed, 31 Jan 2018 - 12:58
- - Logician   Do you not wear a watch? I think you face a very d...   Wed, 31 Jan 2018 - 13:34
|- - Fredd   QUOTE (Logician @ Wed, 31 Jan 2018 - 13...   Wed, 31 Jan 2018 - 13:57
|- - The Rookie   QUOTE (Fredd @ Wed, 31 Jan 2018 - 14...   Wed, 31 Jan 2018 - 14:04
|- - Logician   QUOTE (Fredd @ Wed, 31 Jan 2018 - 13...   Wed, 31 Jan 2018 - 14:07
- - Colin_S   Just to pick more holes in your version of events,...   Wed, 31 Jan 2018 - 14:16
- - jewels2009   In your description of events you imply there were...   Wed, 31 Jan 2018 - 15:19
- - Stan134   Thanks everyone - I'm taking this all on board...   Wed, 31 Jan 2018 - 15:36
- - squaredeal   I'm surprised the Met haven't offered the ...   Wed, 31 Jan 2018 - 16:44
- - Stan134   FYI the supermarket barrier didnt have a time - y...   Wed, 31 Jan 2018 - 18:34
|- - thisisntme   QUOTE (Stan134 @ Wed, 31 Jan 2018 - 19...   Wed, 31 Jan 2018 - 18:58
|- - Jlc   QUOTE (Stan134 @ Wed, 31 Jan 2018 - 18...   Wed, 31 Jan 2018 - 19:07
- - mickR   QUOTE (Logician @ Wed, 31 Jan 2018 - 13...   Wed, 31 Jan 2018 - 19:25
- - andy_foster   QUOTE (Stan134 @ Wed, 31 Jan 2018 - 12...   Wed, 31 Jan 2018 - 20:29
|- - cp8759   QUOTE (andy_foster @ Wed, 31 Jan 2018 - ...   Thu, 1 Feb 2018 - 22:04
||- - andy_foster   QUOTE (cp8759 @ Thu, 1 Feb 2018 - 22...   Thu, 1 Feb 2018 - 22:12
||- - cp8759   QUOTE (andy_foster @ Thu, 1 Feb 2018 - 2...   Thu, 1 Feb 2018 - 22:20
||- - southpaw82   QUOTE (cp8759 @ Thu, 1 Feb 2018 - 22...   Thu, 1 Feb 2018 - 22:21
|- - Churchmouse   QUOTE (andy_foster @ Wed, 31 Jan 2018 - ...   Sat, 3 Feb 2018 - 17:51
|- - 4x4x4   QUOTE (andy_foster @ Wed, 31 Jan 2018 - ...   Thu, 8 Feb 2018 - 19:17
- - Stan134   Thanks everyone - it sounds like there is a case t...   Thu, 8 Feb 2018 - 13:22


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