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rustyh

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Police Proceedings
« on: September 19, 2024, 01:51:06 pm »
Good Afternoon,

Glad to see the forums all back up and running. The old Pepipoo forums successfully helped me on a number of private parking tickets!

I have a new one today.
I was at a set of traffic lights a few weeks ago, stationary waiting for the lights to change. I noticed in my mirror some chap walking up randomly taking photos of people in their car. So as he passed mine, I grabbed my phone to take a photo of him doing it (I didn't get a decent photo by the time the lights changed to green)

Anyway, thought nothing of it, until today I believe I have found out why him was taking photos of people, as I have had a Police letter through with proceedings of the offence of "using a handheld mobile device while driving a motor vehicle on a road". Vehicle speed being 0mph.

There is no photos evidence or anything. So I was wondering if I should request this.
Also, is it not against the law to take photos of people with out consent?

Thanks
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The Rookie

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Re: Police Proceedings
« Reply #1 on: September 19, 2024, 02:22:10 pm »
Using your phone (hand held) as a camera while driving is an offence (Reg 110 of the 'Road Vehicles (Construction and use) regulations).

You were in a public place with no expectation of privacy and ostensibly committing a criminal offence, no issue with him taking photos.

You can certainly take the matter to court and put the police to proof but
1/ You seem to admit the offence
2/ The Police wouldn't have started a case without sufficient evidence (they are quite strict on 'operation snap' submissions).
So possibly not worth the risk of it costing far more (assuming you are offered an out of court settlement).

You seem to have stitched yourself up I'm afraid.
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There are motorists who have been scammed and those who are yet to be scammed!

rustyh

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Re: Police Proceedings
« Reply #2 on: September 19, 2024, 02:28:56 pm »
Thanks Rookie,

Appreciate the reply, and get what you say.

So you don't see if worth requesting a copy of the photo evidence (if your even allowed to do that?) incase the member of publics photo is insufficient to see its a phone and the police are just trying to see if I admit?
« Last Edit: September 19, 2024, 02:38:22 pm by rustyh »
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666

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Re: Police Proceedings
« Reply #3 on: September 19, 2024, 02:57:39 pm »
Quote from: rustyh on September 19, 2024, 02:28:56 pm
Thanks Rookie,

Appreciate the reply, and get what you say.

So you don't see if worth requesting a copy of the photo evidence (if your even allowed to do that?) incase the member of publics photo is insufficient to see its a phone and the police are just trying to see if I admit?

You're not entitled to see the evidence at this stage. If you ask for photos "to help identify the driver" the police may oblige, but it's not going to help you. They may send you one or two snaps, but not necessarily those they'd rely on in court.
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rustyh

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Re: Police Proceedings
« Reply #4 on: September 19, 2024, 03:09:23 pm »
Oh wow, Never knew that, thought you would have a right to see evidence.

Thanks All
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Southpaw82

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Re: Police Proceedings
« Reply #5 on: September 19, 2024, 03:16:22 pm »
Quote from: rustyh on September 19, 2024, 03:09:23 pm
Oh wow, Never knew that, thought you would have a right to see evidence.

Thanks All

If you go to trial.
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slapdash

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Re: Police Proceedings
« Reply #6 on: September 19, 2024, 06:53:30 pm »
There have been cases where police have been obliging with operation snap cases. A conversation may be beneficial with luck.
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  3. Police Proceedings