West Midlands Police - Operation Snap. Mobile phone use

It sounds like excuses but phone fell out of cradle and when I was stopped at red traffic lights I thought I would put nav back on and put phone back in cradle. Looked out the window and an Uber eats rider on ebike had filmed me and sent it to operation snap.

Technically illegal but feels unjust, however I would like to see the evidence in case it's poor but it could be   damning. Already responded to the NIP to say I was the driver and now I have the offer I have requested the evidence via email.

What's my best course of action now please? Do I accept and roll over and take the 6 points and 200 quid or if I elected to go to court to get evidence could I accept the same offer later?

You probably should have requested footage or image stills (to assist with identifying the driver) before you named yourself. Now you have there is no obligation to provide you with evidence unless you opt for a court hearing.   

You need to be a bit more open with us about what you did with the phone, otherwise it is hard to advise.

From what you describe, you turned maps back on and put the phone back in the cradle, I'm guessing you held this in your hand while looking down, tapping at the screen when sat at the lights?

Why did the phone fall out of the cradle? And why wouldn't it fall out of it again as soon as you started moving? 

It's a magnetic cradle but if you don't line it up perfectly it can fall off. I waited before I came to a stop before putting it back on. Yes just put maps back on. I may have had to put the destination back in...I think.

If I said option B and asked to go to court, whats the likelihood of being offered the 200 quid option and 6 points before it gets to court? I'd just like to see the evidence in case it's not strong enough

Thanks for replying by the way

If I said option B and asked to go to court, whats the likelihood of being offered the 200 quid option and 6 points before it gets to court?

Likelihood - none whatever.

At court, if you're found guilty it will still mean six-points, but an income-related fine, surcharge, and costs. You won't see much change from £1,000.

Thank you. Bumming it is then. Cheers for the help

Yep, from what you have told us unfortunately that is the likely outcome. Just putting it back in the cradle you might have been able to argue down to not in proper control. But the way it is written, the only choice you probably have is lubed or Option B, dry.