Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: benjeh on May 15, 2025, 06:46:18 am
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What has been said above is correct but it is common for people to use the word 'appeal' when what they really mean is 'challenge'.
You can certainly challenge the officer's account of what they saw, that is what courts are for - but do you really want to?
From what you have said, you have no defence and are guilty of the alleged offence. All that a court appearance is likely to do is increase the financial component of the penalty.
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What tends to happen is the officers issue a TOR (Traffic Offence Report) that is dealt with centrally where they decide the appropriate action (course/fixed penalty/court).
It's not unusual for them to be 'mistaken' in what the back office can issue. As already stated, the option for a course for mobile offences was dropped back in 2017... (And the key point is what the officers said does not give you a defence - you cannot 'appeal')
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I was tempted to appeal it based on what the officers had said but I don't know whether that is a waste of time?
What you have is not a NIP. It is a “Conditional Offer of a Fixed Penalty”. You cannot appeal against it. If you don’t want to accept it your only option is to face prosecution in court (which you will if you do not accept it within the 28 days allowed).
Nothing you have said indicates that you have a defence or mitigation. What the officers told you at the roadside is largely irrelevant and the result – even if you plead guilty - will cost you considerably more than £200.
As far as I know, courses are not offered for mobile phone offences in any police area in England and Wales and no courses at all are offered in Scotland.
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Hi All, new poster here so hoping for some help.
I got stopped by police about 3 months ago whilst on my mobile in traffic. I wasn't texting or anything but I had my phone in my hand (hand was on the steering wheel too) and phone was on loud speaker.
I admitted I was on it straight away as I guessed they probably had photo evidence before they even pulled me over. The officers that pulled me explained that they intended on reporting that they had witnessed I was in full control of the vehicle and that it was basically a technicality they pulled me over for. They said they would push for a "drivers awareness" type course for me as it was my first offense, speeding or otherwise.
I explained to the officers I have several vehicles and the vehicle i was driving didnt have hands free etc. because mine was in the garage (another long story).
A week or so ago I received the NIP for 6 points and a £200 fine.
I was tempted to appeal it based on what the officers had said but I don't know whether that is a waste of time?
Any advice would be really appreciated.
PS - Im not trying to get out of a punishment I just don't think according to what the officers said that the punishment fits the crime, they even stated I had full control of the vehicle and was no risk.