rs_traynor

take it to court, they need to prove you were txtin if theres no record of a txt sent or video evidence and if he said it was a black fone and its blue i reckon youv got a good case.

dojj

iTrader: (3)

insurance companies see a "driving while on the phone" set of points on your license as you being more of a risk than just the usually speeding stuff

do a proper letter of appeal stating that you were not on your phone at any time as it wasn't in your hand at any point during your driving and the policeman was mistaken

if/when it gets to court THEN tell them how the policeman had obviously made a mistake when he checked and rather than give it up as his mistake, said that he was going to do you anyway to make up the numbers or something

Mark_

was it just the one plod in the car? if it was then he doesnt have a leg to stand on,
its your word against his. ive always been told that unless there is 2 or more then it wont stand in a court.

Psycho Warren

iTrader: (5)

take it to court out of principal. for one id never roll over and accept guilt when innocent because later in life it can bite you. probably not so for minor motoring offences but definitely can for more serious things.

also its not the cost of Ł60. Its Ł60 plus the 30% increase in insurance premium next year and the slight decrease of increase over the next 5 years compared to not having the points.

so on an already expensive to insure car these points could cost you a grand or more if convicted, so definitely worth fighting.

In court any fine would be means tested so make sure your skint on the paperwork I doubt your fine would be much above the Ł60 if at all, except for the fact you will pay costs and victim surcharge.

MikeR

Take it to court, produce phone records, explain what copper said about going to court, explain that you also offered the copper to view your phone, if people roll over to this it will continue to happen.

BRAMMER

iTrader: (23)

What a shit situation - this should have been cleared up at the scene - you should have shown him the phone record on your phone there and then as most have call history.

If you show him and it's all clear you could then say you were doing something else.

I don't understand on what scale were you looking down, surely it could have been just simply looking at gears, handbrake, stereo for a split second is that illegal? if so it's illegal for them to be looking around for criminal whilst driving - load of shit really but if it were me i would have sorted at the road side either way.

As said on the previous page records won't mean nothing once your in court.

Madgit

I was going to put what mar_k has. I'm sure there has to be two officers or vid to do you for an offence like that. Sounds like he's got a grudge against Cossies, the advise you against going to court part sounds really dodgy to me.

gjh

Take it to court, why should you pay for something you didn't do? Its just a typical copper in my opinion worried about non existant offensise like this rather than catching buglars and murderers, a good lawyer will help, remmember Jimmy Carr got away with it even when he was using the phone, (his lawyer managed to persuade them he was using it as a recording devise to record a joke, not phone someone), don't be just another person letting a tosser walk over you, fight your case.

arch

7 days to produce your licence, then a further 28 days to either pay the fine or complete the notice that you are contesting it. If you lose at court, the fine will be higher, court costs and victim surcharge. I'm not for one minute suggesting what you should do, just advising on what may happen.

I've heard that in these times of austerity, certain traffic inspectors insist on league tables per officer, based on tickets issued, so discretion will become unheard of. Sad way to police, but these are the rules.

paul0461

mate id be fuming. challenge it for sure. just some twat policeman abusing his ''power''

Cal Jones

This happened to me got pulled because he thought I was on my phone but I wasn't I was playing with my hair by me ear but because my hand was by my ear they thought I was on my phone , total pricks , but I took it to court and proved that I wasn't I was not getting points for something I didn't do! Insurance is enough these days with out 3 more points!!!! Take them to court mate prove the counts wrong they think there in power cos they were a uniform but when they go home at night n get changed they are no different to the rest of us ! I hate the cunts

Paulo P

I remember someone else getting pulled for this and still got prosecuted despite the law having no evidence

If you do get an itemised bill what's to stop them from saying that either that isn't the phone you were on or that you hadn't sent the text yet?

Brendan

iTrader: (1)

if the police loose they pay costs, you might try no win no fee with a good brief, I had my car siezed as the policeman that pulled me last year messed up a checking my licence! had to pay Ł175 to get the car back and it took 3 months to get it back not to mention I was left in the wost part of salford with no money and a 2 year old daughter, with a bad knee injury! good luck

Silver'Scort

I asked a copper not to lean on my car while he was talking to me. Didn't seem to take very kindly to it. Seemed to think because he had a uniform on it gave him the right to lean against MY car

furqall

look at this page 5 post 125

http://forums.moneysavingexpert.com/...=415444&page=7

seems opting to go to court can be a good thing!

c20tbo

iTrader: (1)

I had this over a year ago, police woman was adamint! didnt matter what i said to her. Anyway i never admitted to anything or signed there little bookie (thats always a big mistake) said i would take it to court and see my solicitor, and just totally ignored it after that, had 1 letter that was it over a year ago, prob to much paperwork with no real evidence to back them selves up for a real case, most people would just accept the points and fine.

Or perhaps i was just lucky!!

I also had an incident with pulling into a no entry, didnt see the sign as it was facing at the wrong angle from where i was coming from, 2 on foot police stopped me, same again even the copper admitted the sign was facing at the wrong angle but still tried to do me, again never signed and got him to state in his book that he admitted to me about the sign angle. Never heard anything back.

midge

Take it to court, if he said your head was looking down and you were using your phone, how did he manage to see it? x ray vision through the doors?

~nomad~

iTrader: (4)

Fucking right as well. Cheeky cunts think they can get away with it cos of a uniform. I would not hesitate to give then a telling off!

As for the ticket, fight it 100%, its not even a option not to imho.

stevebuck

I would find out were he lives and terrorise him when ever in passing.

vectrac20tsri

But his argument would not be whether you sent a txt or not you were still using your phone(I know you were not),and a coppers word in court is still strong you have been stiched and there is not much you can do about it its alright people saying go to court its an open shut case it does not work like that and would not be fair on you,don't listen to any one on here you need to speak to a solicitor and Im not trying to offend anyone but he will atleast tell you a rough outcome of both scenarios and you can make your own mind up but always rember that when they need your help you tell them where to go