Fixed Penalty Offer - Use a handheld mobile phone Options

[simonp820]

HGV driver with clean licence for 30+ years. Got 3pts 2.5yrs ago for doing 70 in my car on the M25 when apparently there was a variable speed limit in place of 50. I couldn't challenge this so accepted the points.

Unfortunately I got stopped last week for using my phone in the car. I fully accept responsibility for this. I wasn't aware that it's an offence to even touch your phone now but even so I accept I was wrong.

I've been offered a fixed penalty of 6pts which now brings me to 9. My employer won't allow anyone with more then 6pts (insurance reasons apparently) so I'm likely to lose my driving job of 11 years

I fully accept I've done wrong but the 'punishment' here of losing my livelihood seems unfair. I'm sure many will disagree but I'd appreciate any advice of what I can do. Might it be better going to Court? Is there any leniency? Could I end up worse off?!

Please be nice people. I'm genuinely sorry for a stupid mistake but I'm already struggling to keep a roof over my head and losing my job will be the final straw

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[The Rookie]

I wasn't aware that it's an offence to even touch your phone now

Perhaps you weren’t aware that it ‘is’ because it’s actually ‘not’?

Perhaps tell us the exact circumstances so we can give better advice.

[simonp820]

Ah interesting. That's what the Policeman said. I've since read up on this which seems to say the same:

https://www.gov.uk/using-mobile-phones-when-driving-the-law

I was looking at an email whilst driving. No excuses. I freely admitted this to the Policeman when I got stopped. I'm not a good liar!

[andy_foster]

Were you holding the phone, or was it in a cradle?

[simonp820]

Were you holding the phone, or was it in a cradle?

I was holding it

[The Rookie]

EDIT - overlapping post deleted.

OK, so you do seem to be guilty then, and pre the recent change in the law would still have been guilty against the Police/CPS/Government (incorrect) advice anyway.

This post has been edited by The Rookie: Wed, 6 Jul 2022 - 16:32

[cp8759]

If a fixed penalty is on offer that is likely to be the cheapest way out.

[simonp820]

If a fixed penalty is on offer that is likely to be the cheapest way out.

Cheaper than losing my job?

[The Rookie]

Cheaper than taking it to court, you loose your job either way (I assume you have a points limit?).

Not loosing your job was up to you to achieve unfortunately. What you did has been illegal for a long time (since 2006 AIR) so shouldn't really come as a surprise to you?

That said, the (very very) slim chance they mess it up and you escape prosecution for some reason is possibly worth considering as long as you understand you'll be an extra £300-400 out of pocket on the gamble (even more if you plead not guilty if they do start action and they then fail to make a mess up for you).

[AntonyMMM]

The penalty is "fixed" at 6pts...... unless you have a defence and could achieve a not guilty verdict, you won't get less than that, sorry.

By your own admission, such a potential defence doesn't seem likely.

[peodude]

One possible option is to ignore the FPN, and let them take the matter to court, this will buy you some more time, given that your 3 points are 2 1/2 years old and will expire for totting purposes in 6 months, if you can drag it out long enough. As pointed out, this will increase the fine you will receive, but over losing your job is probably preferable.

What date was your first 3 points?

[Jlc]

...given that your 3 points are 2 1/2 years old and will expire for totting purposes in 6 months, if you can drag it out long enough.

Given that the date of offence is used, 'dragging it out' doesn't work.

[BertB]

I guess the point being made was that if in 6 months the existing 3 points are no longer 'active', from his employers point of view he would only have 6 live points on his licence from the date of conviction.

[thisisntme]

I guess the point being made was that if in 6 months the existing 3 points are no longer 'active', from his employers point of view he would only have 6 live points on his licence from the date of conviction.

Don't insurers ask for 5 years history though? It might slip the net for the employers, but probably not their insurers.

That being said, it could take well over 6 months to get to court, and 6 x earnings will be more than the cost of taking it to court.

This post has been edited by thisisntme: Thu, 7 Jul 2022 - 09:40

[Jlc]

I guess the point being made was that if in 6 months the existing 3 points are no longer 'active', from his employers point of view he would only have 6 live points on his licence from the date of conviction.

Fair point but totting was mentioned. But such points stay on the licence for 4 years. Depends on the employer's (or their insurers) definition of 'live' points.

This post has been edited by Jlc: Thu, 7 Jul 2022 - 09:51

[cp8759]

If a fixed penalty is on offer that is likely to be the cheapest way out.

Cheaper than losing my job?

How many points do you have now?

[Rallyman72]

If a fixed penalty is on offer that is likely to be the cheapest way out.

Cheaper than losing my job?

How many points do you have now?

OP said in the first post that the 6 points for this takes him to 9 so has 3 already.

[simonp820]

Thanks everyone - lots of useful comments.

My issue is really the points and 9 points leading to losing my job. I was wondering if I went to Court I could be offered a different punishment than getting 6 points ie community service, larger fine, etc. Even going inside for a couple of weeks would be more advantageous! (the latter is a joke!)

[Jlc]

If convicted then the endorsement is mandatory. You can't trade points for other punishments unfortunately.

[The Rookie]

I was wondering if I went to Court I could be offered a different punishment than getting 6 points

Simply put, no. I mean that would subvert the whole intent of the points system (which is to have a meaningful and severe punishment for repeat offenders as obviously the fine isn't enough to stop their repeated bad driving). There are some options to avoid points, (such as special reason not to endorse) but none apply here, in theory a short ban is possible but for a single offence isn't going to happen in your case, especially solely to help you avoid points for the above mentioned reason.

Like I said, about the only thing I can suggest is not accepting the FP and hoping they make a mess of it, probably only a 1 in 1000 chance, but that's about the best odds I see happening.