USING MOBILE PHONE

[MRPnoy]

I was stopped by officer last 20th of november, 2021. In a carpark driving slowly while holding my phone. Because I am a new driver my license will be revoke.

The officer said, do you know that  its 6 points and £200 and will revoke your license. I said I dont know about it. Its my ignorance and my bad I admit. And they give me a traffic offence report

My question is,,  why until now I did not received any letter yet from them?

[honeybee13]

Hello, welcome to CAG.

 

I expect people will be along to advise later on, please bear with us until they're able to get here.

 

Best, HB

[Man in the middle]

Six weeks is not overly long for a fixed penalty offer to be made (especially with Christmas in the middle). Did you give any indication at the roadside that you would not accept such an offer? If so, the police may have decided not to offer you one, though this would be unusual. If they do decide not to offer you  FP the matter will be dealt with in court and they have six months to begin proceedings (12 months if you are in Scotland).  I assume the police have all your details correctly and that you haven't moved house or anything.

 

As far as the offence itself goes, you will see from the other thread you have looked at that to convict you of using a mobile phone, the police have to prove that you were using it for "interactive communication." From what you say they may have difficulty doing that. There are, however, other charges they can lay.

Edited January 7, 2022 by Man in the middle

[comebackjimmy]

I don't know the answer to this question but if the phone was being used in a car park and not on a public road is that actually an offence?

[dx100uk]

Generic unfettered public access, traffic laws still apply?

 

Dx

[MRPnoy]

@Man in the middle

 

Thanks for this. I accepted and admit to them personally that I am holding it and use it while i am on the carpark.

 

The officer said, "wait for communication in Weeks time". Thats why I am wondering where is it now.

I am in a loophole I am willing to redo my tests if they give me 6points. But the problem is I am in the middle of nowhere now, guessing what will happen next. Thanks.

Edited January 7, 2022 by dx100uk
unnecessary previous post quote removed

[Man in the middle]

Quote

Generic unfettered public access, traffic laws still apply?

 

Yes. The offence is committed on a "road or other public place." A gated, private car park may be arguable, Tesco's (and the like) is not.

 

Get in touch with them to see what action they have taken or have planned.

[comebackjimmy]

20 minutes ago, Man in the middle said:

Get in touch with them to see what action they have taken or have planned.

 

Is that wise? right now the police are under the cosh, shot handed and lots to do.  If this offence gets buried under a pile of other work why remind them of it?  either they will deal with it or it will expire, i am not sure why it is necessary to encourage the police to bring it back to the top of the pile.

 

I personally would just wait to see what happens.  maybe nothing.

[Man in the middle]

Quote

But an issue that was burning for years, that those in power continually chose to do nothing about

 

 

I did mention on another thread (which this OP posed his question on) that he may not want to "poke the hornets' nest".

However, he seems concerned.

 

The danger he faces if a Fixed Penalty Offer has been sent and lost, is that the offer will expire and he will face court action. Whilst there is a remedy for him to utilise to be sentenced at the fixed penalty level, it is hassle.

 

It's entirely up to him; if he wants to know what's happening the only way to find out is to contact the police. If he's happy to remain in ignorance (bearing in mind the risk I have pointed out) that's his choice.

 

Edited January 7, 2022 by dx100uk
formatting

[MRPnoy]

Thanks Man in the Middle, yeah you got my concern... i inquire to them via phone. And they said "they can not advise to me anything" but to wait.

Edited January 7, 2022 by dx100uk
unnecessary previous post quote removed

[MRPnoy]

@comebackjimmy Thanks for this.

 

Yeah, my wife said just wait, and dont ring them or else they will look for it. I said i am worry to end up in court.

 

will let you know what will happen soon.

For sure, they will revoke my license since there is no course offered for it.

Edited January 7, 2022 by dx100uk
unnecessary previous post quote removed

[Montego]

The wording of s.110,  (1),  Road Vehicles (Construction and Use) Regulations 1986,  is only 'on a road', no mention of 'or other public place'.

[Man in the middle]

1 hour ago, Montego said:

The wording of s.110,  (1),  Road Vehicles (Construction and Use) Regulations 1986,  is only 'on a road', no mention of 'or other public place'.

Yes, thanks for the correction. Perhaps the OP can expand on what the "car park" where he was stopped actually was.