Help fixed penalty for phone and seatbelt at lights, Just left supermarket car park barriers |
Help fixed penalty for phone and seatbelt at lights, Just left supermarket car park barriers |
Wed, 31 Jan 2018 - 12:30
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#1
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Member Group: Members Posts: 61 Joined: 24 Jan 2011 Member No.: 43,729 |
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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Wed, 31 Jan 2018 - 20:29
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#2
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
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. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Thu, 8 Feb 2018 - 19:17
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#3
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Member Group: Members Posts: 214 Joined: 19 Oct 2012 Member No.: 57,787 |
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. 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.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 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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