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Mobile Phone Offence
ktpep
post Thu, 7 Feb 2019 - 14:04
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Hello,

If a driver is caught using a mobile phone whilst driving - how long do the police have to prosecute or inform the driver they will be prosecuting or be taken to court etc.

The driver was not stopped so wondering what happens next.
I have been told by friends that a NIP or S172 will most likely be issued in the post?

I have also been told that a NIP can take up to 14 days to arrive, but a S172 doesn’t have a time limit. Is this true? Just asking so I’ve got an idea how long to wait to see if anything happens?

What kind of penalty could I expect?

Has anyone got an idea how long realistically (or experience) it is likely for a NIP or S172 letter to come through the post?

Any help would be really appreciated.

Thanks
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post Thu, 7 Feb 2019 - 14:04
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Darkatmosphere
post Thu, 7 Feb 2019 - 14:42
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QUOTE (ktpep @ Thu, 7 Feb 2019 - 14:04) *
Hello,

If a driver is caught using a mobile phone whilst driving - how long do the police have to prosecute or inform the driver they will be prosecuting or be taken to court etc.

The driver was not stopped so wondering what happens next.
I have been told by friends that a NIP or S172 will most likely be issued in the post?

I have also been told that a NIP can take up to 14 days to arrive, but a S172 doesn’t have a time limit. Is this true? Just asking so I’ve got an idea how long to wait to see if anything happens?

What kind of penalty could I expect?

Has anyone got an idea how long realistically (or experience) it is likely for a NIP or S172 letter to come through the post?

Any help would be really appreciated.

Thanks


S127 has no time limit other than the time constraints given by the offence which is 6 months, A NIP aka COFP for a mobile phone offence is not subject to 14 day "rule" its constrained to the time limit set by the offence of 6 months.

Prosecution of this offence must commence within 6 months of the date of offence.

Failure to respond to a S172 is 6 points and a fine and a MS90 which makes insurance expensive and difficult to obtain.

Most likely outcome is you'll be given 6 points and fine for using your mobile phone whilst driving. For those who are on a probationary period of 2 years after passing their test, means theyre license is revoked and you redo all tests.

Why do you think you will be issued a ticket for this offence what is the story behind your question?

This post has been edited by Darkatmosphere: Thu, 7 Feb 2019 - 14:51


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peterguk
post Thu, 7 Feb 2019 - 14:43
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QUOTE (Darkatmosphere @ Thu, 7 Feb 2019 - 14:42) *
A NIP for a mobile phone offence is not subject to 14 day "rule" its constrained to the time limit set by the offence of 6 months.

Is a NIP required for mobile phone offence?


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Darkatmosphere
post Thu, 7 Feb 2019 - 14:50
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QUOTE (peterguk @ Thu, 7 Feb 2019 - 14:43) *
QUOTE (Darkatmosphere @ Thu, 7 Feb 2019 - 14:42) *
A NIP for a mobile phone offence is not subject to 14 day "rule" its constrained to the time limit set by the offence of 6 months.

Is a NIP required for mobile phone offence?

not really but the terminology is familiar to people instead of a cofp I will edit to include.

This post has been edited by Darkatmosphere: Thu, 7 Feb 2019 - 14:51


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ktpep
post Thu, 7 Feb 2019 - 15:30
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QUOTE (Darkatmosphere @ Thu, 7 Feb 2019 - 14:42) *
QUOTE (ktpep @ Thu, 7 Feb 2019 - 14:04) *
Hello,

If a driver is caught using a mobile phone whilst driving - how long do the police have to prosecute or inform the driver they will be prosecuting or be taken to court etc.

The driver was not stopped so wondering what happens next.
I have been told by friends that a NIP or S172 will most likely be issued in the post?

I have also been told that a NIP can take up to 14 days to arrive, but a S172 doesn’t have a time limit. Is this true? Just asking so I’ve got an idea how long to wait to see if anything happens?

What kind of penalty could I expect?

Has anyone got an idea how long realistically (or experience) it is likely for a NIP or S172 letter to come through the post?

Any help would be really appreciated.

Thanks


S127 has no time limit other than the time constraints given by the offence which is 6 months, A NIP aka COFP for a mobile phone offence is not subject to 14 day "rule" its constrained to the time limit set by the offence of 6 months.

Prosecution of this offence must commence within 6 months of the date of offence.

Failure to respond to a S172 is 6 points and a fine and a MS90 which makes insurance expensive and difficult to obtain.

Most likely outcome is you'll be given 6 points and fine for using your mobile phone whilst driving. For those who are on a probationary period of 2 years after passing their test, means theyre license is revoked and you redo all tests.

Why do you think you will be issued a ticket for this offence what is the story behind your question?


Hi, Sorry - I may have used the wrong wording - i didn't mean to say that i think the driver would get a ticket. i just wanted to ask what happens after this kind of offence.
The story is that the police didn't stop the driver on the phone. It was standstill traffic on a dual carriageway. i just wanted to ask what is likely to happen now?


So if an offence is committed on 1st Feb, does that mean that the driver could be waiting until 1st July for a letter telling them they will be prosecuted / given points / given fine etc?
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peterguk
post Thu, 7 Feb 2019 - 15:37
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QUOTE (ktpep @ Thu, 7 Feb 2019 - 15:30) *
So if an offence is committed on 1st Feb, does that mean that the driver could be waiting until 1st July for a letter telling them they will be prosecuted / given points / given fine etc?

First, the RK will receive a request to name the driver at the time of the alleged offence.

Once the driver has been identified, the police have 6 months from date of alleged offence to commence prosecution. So 1st August, not July.

This post has been edited by peterguk: Thu, 7 Feb 2019 - 15:37


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ktpep
post Thu, 7 Feb 2019 - 15:49
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QUOTE (peterguk @ Thu, 7 Feb 2019 - 15:37) *
QUOTE (ktpep @ Thu, 7 Feb 2019 - 15:30) *
So if an offence is committed on 1st Feb, does that mean that the driver could be waiting until 1st July for a letter telling them they will be prosecuted / given points / given fine etc?

First, the RK will receive a request to name the driver at the time of the alleged offence.

Once the driver has been identified, the police have 6 months from date of alleged offence to commence prosecution. So 1st August, not July.


Thank you - Do the police have a time limt to identify the driver? - is this 6 months too?

also, if they do have 6 months, how long does it normally take them to identify the driver?


thanks
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Starworshipper12
post Thu, 7 Feb 2019 - 16:03
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The police don’t identify the driver, the RK has 28 days to do this via the s172.

This post has been edited by Starworshipper12: Thu, 7 Feb 2019 - 16:09
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ktpep
post Thu, 7 Feb 2019 - 16:29
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QUOTE (Starworshipper12 @ Thu, 7 Feb 2019 - 16:03) *
The police don’t identify the driver, the RK has 28 days to do this via the s172.


Thanks - I think I got my head around it now.

So is the first step - for the police to issue a S172? which can take up to 6 months?

Just wondering when the driver can relax? lol
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Jlc
post Thu, 7 Feb 2019 - 16:43
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If the Police are looking to progress the matter then the s172 would normally arrive quite quickly. (Say within 2 weeks)

Although they have up to 6 months to prosecute you'd hear long before that...

If you don't hear anything in 2 weeks then you likely won't. (But is not a guarantee)

This post has been edited by Jlc: Thu, 7 Feb 2019 - 16:43


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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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Starworshipper12
post Thu, 7 Feb 2019 - 16:45
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I found this for you by searching the forums:

So for example; if you received an NIP which specified an alleged offence on the 1st January 2004, the speeding offence would 'time out' on the 2nd July 2004.
If you did not respond (or responded insufficiently) to the NIP, then the different charge of s172 (or failure to provide driver's identity) would time out 28 days + 6 months after the date on of service of the NIP: i.e. offence date 1st January, NIP date 5th January - so 28 days + 6 months after 5th. [Any offence of failing to provide the required information within 28 days of service of the notice is committed when that 28 day period expires].
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The Rookie
post Fri, 8 Feb 2019 - 01:26
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Yes.....erm and?


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Starworshipper12
post Fri, 8 Feb 2019 - 08:01
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Was hinting OP could find the answers to many of his questions by doing a simple forum search.

You guys are repeatedly asked for the same information that can often easily be found by the above means, and I’ve been trying to help out with this issue (since you guys previously helped me out on a PCN).

I’m no expert and all I’m doing is searching the forums and passing on the (hopefully) valuable information. But do tell me if it’s a problem.

Of course I’m learning at the same time too rolleyes.gif

This post has been edited by Starworshipper12: Fri, 8 Feb 2019 - 08:06
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thisisntme
post Fri, 8 Feb 2019 - 11:52
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QUOTE (Starworshipper12 @ Fri, 8 Feb 2019 - 08:01) *
Was hinting OP could find the answers to many of his questions by doing a simple forum search.

You guys are repeatedly asked for the same information that can often easily be found by the above means, and I’ve been trying to help out with this issue (since you guys previously helped me out on a PCN).

I’m no expert and all I’m doing is searching the forums and passing on the (hopefully) valuable information. But do tell me if it’s a problem.

Of course I’m learning at the same time too rolleyes.gif


This is sensible in most forums, but here it encourages people to ask about their own individual cases in an existing thread where this forum has a '1 case 1 thread' rule.

OP - are you asking out of interest, or do you actually have a case to bring to the forum. If the latter then it probably really belongs in another part of the forum


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Starworshipper12
post Fri, 8 Feb 2019 - 12:27
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Fair point, but when I joined I took time to read the ‘house rules’ as posted by Fredd, in which he advised:

‘Please use the search function and read around topics to try to understand your issue. This is particularly relevant if you're heading to court. While posters will help you they are not here to babysit you and do everything for you. You will need to put in some effort yourself to try to learn a bit about the topic’.

I felt this was good advice given the veritable mine of information we are all sitting on.

I apologise if I’ve caused any inconvenience to any members.
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Logician
post Fri, 8 Feb 2019 - 15:38
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QUOTE (Starworshipper12 @ Fri, 8 Feb 2019 - 12:27) *
Fair point, but when I joined I took time to read the ‘house rules’ as posted by Fredd, in which he advised: ‘Please use the search function and read around topics to try to understand your issue. This is particularly relevant if you're heading to court. While posters will help you they are not here to babysit you and do everything for you. You will need to put in some effort yourself to try to learn a bit about the topic’. I felt this was good advice given the veritable mine of information we are all sitting on. I apologise if I’ve caused any inconvenience to any members.


You are quite right, it is very good advice, and you followed it, to your credit. We do not know of course, how many people do that, get the answer to their problem and go on their merry way. We do get people who say they have done the research and their problem is different and therefore they are posting, or want confirmation that their understanding is correct, and very many who have clearly read nothing at all. We try to help them all, regardless. I love the ones who simply post minimal details, with no elaboration and no question, as though posting here was automatically going to make their problem go away!



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ktpep
post Mon, 11 Feb 2019 - 15:28
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Thank you all - you have all been so hopeful.

I also wanted to ask, if I was to get penalised for this and decided to appeal and then lose the appeal - could the number of penalty points increase?

This post has been edited by ktpep: Mon, 11 Feb 2019 - 15:29
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BaggieBoy
post Mon, 11 Feb 2019 - 15:35
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You can't get more (or even less) than 6 points for this offence, so no.
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Darkatmosphere
post Mon, 11 Feb 2019 - 16:14
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QUOTE (ktpep @ Mon, 11 Feb 2019 - 15:28) *
Thank you all - you have all been so hopeful.

I also wanted to ask, if I was to get penalised for this and decided to appeal and then lose the appeal - could the number of penalty points increase?

as above no, but your fine will if you plead not guilty and then found guilty.

This post has been edited by Darkatmosphere: Mon, 11 Feb 2019 - 16:15


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There are a lot of laws in this country, but there isn't any justice.
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The Rookie
post Mon, 11 Feb 2019 - 16:28
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QUOTE (ktpep @ Mon, 11 Feb 2019 - 15:28) *
Thank you all - you have all been so hopeful.

I also wanted to ask, if I was to get penalised for this and decided to appeal and then lose the appeal - could the number of penalty points increase?

Penalised means accepting the fixed penalty or pleading or getting found guilty at court, if you accept the fixed penalty then no you cannot appeal, if found guilty in court yes you can. If you plead guilty realistically no you can’t.

However I think your conflating take further action with penalise? (The Police can’t penalise you that’s for you or the courts) You can’t do anything to stop that short of defending in court.


--------------------
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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