Appealing a Fixed Penatly Notice off Police?

[Kelly]

ANy help appreciated,

Ben been given fixed penatly 3 points and £60 fine for using his mobile phone, even though he wasnt? He picked the phone up as it dropped on the footwell but he wasnt making a call or anything. The police man as seen this and when Ben explained the police man said "its as good as using it"

Ben didnt give his licence over and has come away with the slip. How do you go about appealing this? Surely you can prove to the police that the phone wasnt being used at that time? off phone records etc?

 

[sx_turbo]

you cant appeal it, it will cost you a lot more as using mobiles, or even holding them in your hand is very frowned upon by police these days.

remember it's great for coppers so they can fulfill there qouta's of bad people being knicked.

also does he not have to go to the police station to show all his documents?

 

[Kelly]

Why cant you appeal it?

Surely if thats the case they can just make it up?

 

[Mike@TD.co.uk]

I think Rick is right Kelly will only end up costing you more to appeal on it, had a quick google search then and it appears you only get done if your actually on a call or sending a txt etc...

 

[Kelly]

Yeh i would be on the police mans side if he was making a call or texting etc but he wasnt!

All the bloody ppl that use their phones when driving tho! And then they are nit picking!

Just looked online you can appeal but only via going to court!

 

[sx_turbo]

Yeh i would be on the police mans side if he was making a call or texting etc but he wasnt!

All the bloody ppl that use their phones when driving tho! And then they are nit picking!

Just looked online you can appeal but only via going to court!

if ben had the phone in his hand then it's highly likely according to the police that he could have been writing a text, and then when they pull him over he deletes the message, and comes up with that story.

now i'm not saying he did that, but it's highly likely that the police can twist it that way

 

[Kelly]

Yeh dont worry Rick i understand your point!

I think Ben thought it was better to pick the phone up from his footwell then leave it there near the pedals. Just annoying though when your phone records can prove you wasnt using it.

Its very hard to bite the bullet and accept it tho ! ha !

 

[sx_turbo]

Yeh dont worry Rick i understand your point!

I think Ben thought it was better to pick the phone up from his footwell then leave it there near the pedals. Just annoying though when your phone records can prove you wasnt using it.

Its very hard to bite the bullet and accept it tho ! ha !

yeah i understand it's very annoying.

one day they will actually catch burglars, and vandalls, or my neighbour who's car tax ran out in february, we reported him last week and still nothing has happened, thats justice for you :flame:

 

[Kelly]

Yeh or the ppl doing 40mph over the speed bumps

It's a joke!

 

[Nwimie]

annoying, thats just as harsh as dans penalty for quickly stopping on zigzags in a deserted road. i wouldnt bother going to court... more costs and your unlikely to prove anything.

 

[Mike@TD.co.uk]

Yeh or the ppl doing 40mph over the speed bumps

LOL use the sign!

 

[59bhp]

fight the power, rage against the machine, stick it to the man etc etc

 

[Elaine]

You can appeal it Kel but the police view it as handling a phone regardless if you’re just picking it up or using it. They have the right to “do you” for handling anything i.e. eating a cake or brushing your hair, they will deem it as driving with out due care a attention.

 

[Adam_Glanza]

if ben had the phone in his hand then it's highly likely according to the police that he could have been writing a text, and then when they pull him over he deletes the message, and comes up with that story.

now i'm not saying he did that, but it's highly likely that the police can twist it that way

kelly if you really want to appeal,

you can get them to ask his phone provider if he had made any calls or texts within that period of time, thats how they can actually proove if they have been using there phones or not when people say this sort of thing.

it can be alot of hassle to appeal, but i appealed against my points for another reason and it didnt even go to court, i just got a letter threw the post saying its been dropped because of new evidence.

if he really wasnt using it, the time will of been put on the ticket correct?

so if it wasnt used within that period of driving then that should be enough evidence.

 

[SupaStu]

Yep being seen touching a phone is bad news, as theyll say you were texting, or trying to, their word against yours.

If you crash while eating/drinking/lighting up/changing CD thats all bad news, unless you hit noone, if you do though that's definately bad news especially if anyone is injured/killed.

 

[www.glanza.co.uk]

you can get them to ask his phone provider if he had made any calls or texts within that period of time, thats how they can actually proove if they have been using there phones or not when people say this sort of thing.

And all they'll say to that, is you don't have to make a call or text to be using your phone...

Accept the inevitable, learn from the mistake, give the Governemt your money and move on...

 

[Adam_Glanza]

Yep being seen touching a phone is bad news, as theyll say you were texting, or trying to, their word against yours.

If you crash while eating/drinking/lighting up/changing CD thats all bad news, unless you hit noone, if you do though that's definately bad news especially if anyone is injured/killed.

so wat if your phone was in your pocket, and it fell out and slid under the brake peddle? stopping you from braking and forcing you to pick up the phone?

im afraid if youve got big enough balls and dont just sop over like a dead flower you should have a good chance of getting of it, like i said i doubt it would even go 2 court neway if you can proove it

 

[Adam_Glanza]

And all they'll say to that, is you don't have to make a call or text to be using your phone...

Accept the inevitable, learn from the mistake, give the Governemt your money and move on...

theres no laws against listening to music via a phone etc?

so why should that be a problem?

 

[sx_turbo]

kelly if you really want to appeal,

you can get them to ask his phone provider if he had made any calls or texts within that period of time, thats how they can actually proove if they have been using there phones or not when people say this sort of thing.

it can be alot of hassle to appeal, but i appealed against my points for another reason and it didnt even go to court, i just got a letter threw the post saying its been dropped because of new evidence.

if he really wasnt using it, the time will of been put on the ticket correct?

so if it wasnt used within that period of driving then that should be enough evidence.

not neceserally as he "COULD" have been writing a message.

 

[www.glanza.co.uk]

theres no laws against listening to music via a phone etc?

so why should that be a problem?

Composing a text, but not sending it is one example... Playing a game on your phone is another... Need I go on?