Free Traffic Legal Advice

To give you a break from and putting procedure to one side for a moment:

We just came back from holiday to find a claim form stating that we overstayed  at a supermarket car park on the 27 of November last year.

The sum is £262.96! but we received nothing prior to this. Should I not have received some sort of parking ticket first with an option to contest it?


So, the keeper had no other notices, in particular the Notice to Keeper or Letter of Claim.

So,

1. Is the address on the claim the same in all respects as the V5C of the vehicle concerned?
2. Can you think of any reason why these notices(probably amongst others) would not have been received?

3. Has the keeper at any time made direct contact with the claimant?

These are standard letters. However, please show them to us, redacting only your personal information and the claim number. Everything else can be shown.

Even if nothing else was done by you, this would eventually be discontinued. However, as the allocation judge has not issued the order, we will need to send a skeleton argument. Please show us the letters you received first.

It can take months, depending on how busy your local court is. If you need to ask them questions, call the court where the case has been transferred to.

Quote from: Rallyman72 on October 23, 2024, 12:46:17 pm

Unfortunately the offence isn't using it but is handling it/touching it when it is not in a holder so it sounds as if you are bang to rights. Past driving record is irrelevant. Others may have further comment though.

Just had this back from Norfolk & Suffolk rozzers after outing someone for mobile phone use caught on dashcam. They advised the NIP was being withdrawn. Relevant bit of reply reads thusly:

".....whilst the phone is obviously held, we cannot see the screen and thus ‘prove’ it was being used."

Get the phone sorted. Your wife will have to e the person that takes the call. It is nothing to worry about. I tis not a trial and there are no lawyers or judges involved. It's just a person who has had a days training in mediation. The only requirement is ti "attend" the call.

Your wife says she is only prepared to offer £0 and it will all be over in less than 5 minutes.

The call was "attended" and that's the end of the matter. It has no bearing whatsoever on the proceedings as the progress.

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See post by AGTLAW (a well respected motoring lawyer) on Pistonheads where he says

The offence is made out when driving and holding a phone in your hand and using that phone.

- all three elements necessary.

The law actually says nothing about holding it in your hand; it defines what a hand-held device is and goes on to say that you mustn't use one whilst driving.

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Can I request what evidence they think they have?

Only if you do not take up the fixed penalty offer.  You will then be prosecuted in court and before you enter your plea you should be provided with the evidence the police will rely on to convict you. This will probably consist of a statement from the officer, saying what he saw you doing.

I think you need to ponder over this question:

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I may have looked down and fumble with my phone for a brief moment to turn of a reminder alarm

As southpaw has already asked, did you or didn't you? If you can't remember, you (and the court) may have to rely on the officer's evidence.