Advice NIP for being seen using a mobile while driving

i was talking to a friend this morning who was telling me she has had a Notice Of Intended Prosecution for being seen using or holding a mobile phone. The notice doesnt say they have pictures or anything, Now i have never heard of the police doing things this way for mobile phone offences, i thought if they seen you they would stop you.

My advice to her was to find out what proof they have against you before admitting the offence, pictures or what ever they have.

has anybody ever heard of anything like this before and is it a new thing

was my advice to her right or will it get her into more trouble■■?

She has probably been caught on camera, speed camera vans also catch people using mobiles or not wearing a seat belt. It’s not a new thing.

selby newcomer:
i was talking to a friend this morning who was telling me she has had a Notice Of Intended Prosecution for being seen using or holding a mobile phone. The notice doesnt say they have pictures or anything, Now i have never heard of the police doing things this way for mobile phone offences, i thought if they seen you they would stop you.

My advice to her was to find out what proof they have against you before admitting the offence, pictures or what ever they have.

has anybody ever heard of anything like this before and is it a new thing

was my advice to her right or will it get her into more trouble■■?

I would want to see some evidence but failing to fill in an NIP can cost you anyway as you will probably be summonsed to court, you takes your chance on whether they have they got photo evidence or not?.

If I was your “friend” I would tell them that she was just having a shave :stuck_out_tongue:

Coffeeholic:
She has probably been caught on camera, speed camera vans also catch people using mobiles or not wearing a seat belt. It’s not a new thing.

i never knew that speed vans could also do you for them things, glad i do now though, thanks

Wheel Nut:
I would want to see some evidence but failing to fill in an NIP can cost you anyway as you will probably be summonsed to court, you takes your chance on whether they have they got photo evidence or not?.

If I was your “friend” I would tell them that she was just having a shave :stuck_out_tongue:

is filling in and returning the NIP an admission of guilt or can she fill it in and still ask to see the evidence■■?

she said her phone records prove she wasnt on the phone, but i told herjust holding a mobile is still an offence while driving.

having a shave■■? :laughing: :laughing: , she could say she was shaving her legs :smiley:

selby newcomer:
is filling in and returning the NIP an admission of guilt or can she fill it in and still ask to see the evidence■■?

No it’s not an admission of guilt but if you fail to fill it in the offence of failure to provide details is 6 points as opposed to 3 for using a phone.

mrpj:

selby newcomer:
is filling in and returning the NIP an admission of guilt or can she fill it in and still ask to see the evidence■■?

No it’s not an admission of guilt but if you fail to fill it in the offence of failure to provide details is 6 points as opposed to 3 for using a phone.

so filling it in is just to say who was driving the car at the time, and then you can ask to see the evidence■■?

am i correct in thinking that??

don’t admit to anything, ask for advanced disclosure, explain that you will need this before making any further comments on the allegation. otherwise for friend could incriminate herself.

There will be a section on the NIP for you to name the driver at the time of the alleged incident. As said above, this must be filled in & returned within 28 days or it’s 6 points + bigger fine.

Just write to them asking for any foto’s to help identify the driver… DON’'T use words such as evidence or proof, that will get you nowhere!

bloke at work got the same for no seat belt in a transit tipper ,photo evidence sent when requested

if its first offence she may get offered this aadrivetech.com/driveraware/

like i have just after getting caught at the lights on the phone in a tractor :blush:

How do you shave with a phone… :laughing: :laughing: :laughing: :laughing:

truckyboy:
How do you shave with a phone… :laughing: :laughing: :laughing: :laughing:

if its an iphone i am sure you could get an app for it :laughing: :laughing:

well, i always thought speed vans were for speeding offences, so you learn something new everyday, glad i know that now.

i told her to fill the NIP in and return it and contact them to see what proof they have for the alleged offence.

she is goin to contact the Banbury office tomorrow. as someone said they may offer her the chance to go on a course. i myself got caught in the same area as my friend lives and was offered the course, apparently Thames Valley is the only area that offers this course for phone offences, thats what i was told at the time anyway.

thanks for all the info guys, much appreciated

She must know if she was on the phone or not, i.e if she persistantly uses her phone while driving, texting or phoneing she was going to get caught sometime. I can’t understand people when they try to appeal against something when they know they are in the wrong (not saying your friend is) but your either someone who uses your phone while driving or your not, no matter where u are or what time.

FarnboroughBoy11:
She must know if she was on the phone or not, i.e if she persistantly uses her phone while driving, texting or phoneing she was going to get caught sometime. I can’t understand people when they try to appeal against something when they know they are in the wrong (not saying your friend is) but your either someone who uses your phone while driving or your not, no matter where u are or what time.

exactly 99% of the time i have hands free earpeice ,i did not that time and answered the call :unamused:
did not argue ,get snotty ,just said fair do’s i am in the wrong
it was thames valley that got me ,the policeman gave me all the info ,surrender licence ,do not pay fine and within 4 weeks you will have a letter offering you the chance to go on a course , i do mine at crowthorne in a couple of weeks

FarnboroughBoy11:
She must know if she was on the phone or not, i.e if she persistantly uses her phone while driving, texting or phoneing she was going to get caught sometime. I can’t understand people when they try to appeal against something when they know they are in the wrong (not saying your friend is) but your either someone who uses your phone while driving or your not, no matter where u are or what time.

she has checked her phone records and she was not on the phone at the time of the alledged offence. she has an ipod in her car which may have been the offending article

selby newcomer:
i told her to fill the NIP in and return it and contact them to see what proof they have for the alleged offence.

Write to ask for the photo’s before sending the NIP back…just make sure you don’t run out of time to return the NIP!

Don’t ask for proof, evidence, disclosure etc, if you do they will send nothing!

A simple letter asking for any photographs to help identify the driver is all you need! Do this 1st thing tomorrow.

Phone bill will only show made calls not received calls or I may be wrong

It’s like the 1950’s Soviet Union here these days with all these people examining you as you go about your business.

selby newcomer:
she has checked her phone records and she was not on the phone at the time of the alledged offence. she has an ipod in her car which may have been the offending article

You don’t have to be on the phone, just holding it while driving is enough to commit an offence.