Free Traffic Legal Advice

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.

Hi,

So my partner attended the phone meeting 2 weeks ago. She said she wouldn't offer to pay anything.

Do you know what happens next and when we should hear back?

But the fine is £200

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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.

So basically your word against theirs, with theirs being taken as gospel unless you can prove otherwise?

What incentive does a person have not trying their luck contesting? If it falls against you in court, are their additional charges or points?
Also, what happens to lying officer if you prove you weren't doing what they accuse you of?

Can I request their evidence?

Just over 10 days ago while driving my vehicle, I was stopped by a police car and told it was for using a handheld mobile phone.

He didn't share any evidence with me and I'm not sure where exactly he had seen me to be using my phone. I did not admit or deny using the phone and he didn't ask to see my phone either. I got me to confirm my details and sign a digital copy of some sort of declaration which I think was more to do with confirming he stopped me than an admission of any guilt.

Now I never even send/read texts or browse my phone while driving. Calls I take via bluetooth which is hardwired into my vehicle with the relevant buttons on my steering wheel. I may have looked down and fumble with my phone for a brief moment to turn of a reminder alarm that is a huge distracting while driving. Of course It would be silly to not have waited for a safe place to pull over somewhere.

My work is totally dependent on me being able to drive and I fear this one alleged offence will render me uninsurable or unable to pay the inflated insurance costs in the following years which I am told 6 points will certainly inflate.

From the letter, it seems they are tell me I can accept 6 points with a £200 fine, or contest it in court.

I would really appreciate any advice that could help avoid me getting points.

Thank you in advance.

PS, In almost 30 years of driving, I have never cut a red light or gone over the speed limits.

Mediation is now compulsory. Nothing to worry about. It is not a trial and is simply someone with 10 minutes training trying to mediate between the parties. It is only compulsory to attend the phone call. You offer £0 and it is over in less than 5 minutes.

Okay so I just received an email with a date for a mediation telephone call. Only thing that has me worried is the threats in it if you miss the call. Reception at home is awful on our mobile networks so I'll need to get an old corded land phone and update the number with them just in case. It's scheduled just over a month away. By the way, I've been dealing with this on behalf of my wife so I wonder if I should take the call myself or just brief her on what to say (unless it's possible we get someone who wants to delve into things a bit more?)

D1 is "NO". You do not want a hearing 'on the papers'. You want a hearing in person.
Add the following to the text box:

"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing."

Just send the copy to info@dcblegal.co.uk, dq.cnbc@justice.gov.uk and CC yourself.

Ok perfect. I'll do that. SO my other answers were fine. I'll just amend D1 as you outlined