I got a fixed penalty for using a mobile phone just as i was pulling into Sainsburys car park Loanhead Midlothian. The address the officer put on the slip is spelt wrong. Do i still have to pay the fine or is it invalid?

If you were pulling in, it might be on private land. Is the address a public road? Anyone here think that's a goer?

What evidence is there?

A minor spelling mistake probably won't be enough, imo.

..ooops

here is a link to where it happened.

Google Maps

Take road to store from main r/about (straiton park)

left at first r/about to smaller r/about.

take the right turn to store.

It was between the small roundabout and the entrance to carpark.

The Officer has only put location as Loanhead.

I would have thought it would need to be in more detail than that.

Hope this helps

cheers

first the key factor is when he first saw you, where were you when you put phone to ear etc,

if you were below the red line in the pic then you could claim it was on private property, but remember that the law states NO HANDHELD PHONE,

to be honest you will have a fight, proving you did NOT use it on a public highway

What evidence is presented?

It was the other small roundabout at the top right corner so its way off the main road ( straiton park ).

The only evidence is there were 3 police officers.

me the wife and kids.

Its my first offence i tried to use that as a OOOPPPSSS sorry but to no avail.

So you admitted it to 3 police officers? Ooops indeed .

It would depend where the private land started, at the 1st or 2nd roundabout, if the private land thing was to be a factor at all.

same there then private property, but however it depends to where he state's he first saw you

He could have only saw me where i was on the small roundabout and he was coming out of the carpark.As thats where i starteds the call silly me.

I thought i was fine as the place was empty apart from me and the police lol

Not 2 fussy if i have to pay but there are mistakes being made here.

Clerical errors on the paper work.

and i thought private property being a car park...

cheers

I'm pretty sure an officer can fine you for using a mobile whilst driving even on private land.

I'm pretty sure an officer can fine you for using a mobile whilst driving even on private land.

Nope, the offence only exists on the public highway.

In this particular case, whether you were on Sainsbury's private land or not will be irrelevant - as the public has unrestricted access to the car park and its approach roads, it is, within the meaning of the Road Traffic Act, public highway. Ownership of the land/road does not affect this.

Ok so the private land seems useless so what about the mistake of wrong address or is this just being stupid of me.

Its my first offence anyway in 20yrs so 3 points on a clean license i suppose is not 2 bad.

Ok so the private land seems useless so what about the mistake of wrong address or is this just being stupid of me.

Its my first offence anyway in 20yrs so 3 points on a clean license i suppose is not 2 bad.

AN FPN is nothing more or less than an invitation to admit guilt for the offence and pay a fixed penalty without the need or costs (for both sides) of a Court appearance.

If you complain about the incorrect address, all that will happen is that they will issue a new FPN (which they are entitled to do) or they will pass the matter for issue of a summons to Court. Even if the mistake is transferred to the summons, the existence of the 'slip rule' will allow minor corrections on the day.

In my view, you were caught acting illegally, and in front of 3 Police Officers - pay it, accept the points and move on (Don't forget to tell your insurers)

AN FPN is nothing more or less than an invitation to admit guilt for the offence and pay a fixed penalty without the need or costs (for both sides) of a Court appearance.

 

If you complain about the incorrect address, all that will happen is that they will issue a new FPN (which they are entitled to do) or they will pass the matter for issue of a summons to Court. Even if the mistake is transferred to the summons, the existence of the 'slip rule' will allow minor corrections on the day.

 

In my view, you were caught acting illegally, and in front of 3 Police Officers - pay it, accept the points and move on (Don't forget to tell your insurers)

Fair comment thanks for all the replies.

Ive got a couple of weeks to pay the £60 fine.

Again thank you all for looking.

kenny