Author Topic: Have I been caught?  (Read 1485 times)

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Spinstorm

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Re: Have I been caught?
« Reply #30 on: July 07, 2024, 12:13:48 am »
You will have to wait and see what comes through the post. It might be a good time to get out the V5c and make sure it has the correct address. Or if the vehicle is leasedor similar that they have you correct address.

Whether you committed an offence depends on whether what you were doing is driving. Or rather whether you want to defend a charge on the basis you were not.

I was parked. I wasnít going anywhere. Iíd like to think if they did report it to police that the police would realise that and not punish me. But thatís the whole point of the question.

Having said that, maybe it was that I looked suspicious. Why would someone walking down a residential street spotting a car not moving and for all intents and purpose parked start taking photos to send to the police. That seems like the least likely scenario in hindsight. More likely wanted to make sure he had photos in case something did happen in the area as he was suspicious. Although even then you have to be super paranoid to do thatÖ but maybe my initial thought was the more likely one.

666

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Re: Using Phone while Parked with Engine on?
« Reply #31 on: July 07, 2024, 07:40:56 am »
I was parked in my car, hand brake engaged and indicating that I was by the road. But the engine was on.

I was in a residential street near my house. I was adjusting a go pro using my phone to check what I could see.

I wasnt moving, or attempting to move.

I noticed someone walking their dog taking photos or maybe a video of me. At first I thought nothing of it. But as I lifted my phone to check the angle I then saw him get his phone out again. I donít know for sure he was taking photos of me. But the fact that he seemed to be hanging around and taking them suggests he was doing that.

Now it may be that he thought I looked suspicious or something like that but I canít help but think it was the fact I was in the car holding my phone. So if he was someone who happened to like reporting people for using their phone in the car am I in trouble?

Did leaving my engine running mean Iím going to get lots of points even though I was parked, indicating and had the hand brake on?

What does "indicating that I was by the road" mean?

If you were parked, why did you need a signal at all?

Spinstorm

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Re: Have I been caught?
« Reply #32 on: July 07, 2024, 07:50:06 am »
Because it was an empty road and I was being extra safe as the engine was on.

There are quite a lot of older people who live around here and Iím not totally confident that they are the best drivers so I thought Iíd indicate to be safe.

I didnít need to indicate. And I didnít need the engine to be on. But both were because I stopped to adjust the camera for a short time.

slapdash

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Re: Have I been caught?
« Reply #33 on: July 07, 2024, 10:19:43 am »
Assuming footage is sent, and it is reviewed as a likely offence, 2 elements of the offence - using and it being a relevant device - seem certain.

That leaves driving. What constitutes driving for the purpose of this legislation is not defined.

The fact you were indicating and had the engine running (by choice apparently) suggests this may have been nothing more than a brief stop in the course of a journey and were still driving.

If it were a layby or similar. Maybe not so much.




Spinstorm

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Re: Have I been caught?
« Reply #34 on: July 07, 2024, 10:28:16 am »
I was stopped for several minutes adjusting the camera.

He took a photo when I first stopped and as he walked past. I canít say exactly the timings here as I wasnít staring at him walking down the street. I was adjusting the camera. But it seemed like a long time as the reason I noticed him was the fact he was going so slowly.

As with everyone on this thread I will just have to wait and see if I get anything in the post. And hope that he was just a strange person who thought I looked suspicious.

But really what kind of person takes photos of someone in a car stopped at the side in a residential street (with no road markings such as yellow lines) minding their own business to report to the police? It seems like unusual behavior. Whereas someone adjusting a camera in front of expensive houses could be looking suspicious and make someone want to take photos. But equally what criminal indicates while scouting for places to target 😂

666

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Re: Have I been caught?
« Reply #35 on: July 07, 2024, 11:02:39 am »
Because it was an empty road and I was being extra safe as the engine was on.

There are quite a lot of older people who live around here and Iím not totally confident that they are the best drivers so I thought Iíd indicate to be safe.

I didnít need to indicate. And I didnít need the engine to be on. But both were because I stopped to adjust the camera for a short time.
Sorry, what exactly were you indicating?

You were "parked" at the kerb. Were you signalling left, or right? Or hazards? And what intention were you trying to convey?

Spinstorm

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Re: Have I been caught?
« Reply #36 on: July 07, 2024, 11:10:29 am »
I was indicating the side I was parked on.

I was indicating becuase I didnít want someone to come along and not see me even though I was very visible I was being safe.

I adjusted the camera and used my phone to check the angle. Once I was happy I put the phone down and I started driving again. I had zero intention of driving with the phone in my hand or using it. And I stopped to adjust it and pulled over and parked as far as I was concerned for that reason.

The only issue here is the fact I had the engine on. And I didnít turn it off and truthfully thatís because I wasnít thinking about the engine. I wanted to stop and be safe before I adjusted the camera.

From my perspective I wasnít driving. I was being safe and conscientious. Even if the engine was off Iíd have left the indicator on.

The car does have start/stop but I canít tell you if the engine was running the entire time or not as that wasnít what I was focussed on. Logically it should have turned off after several minutes stopped with the handbrake on but who knows.

I think the irony here is that IF he reports me and IF the police did decide to give me 6 points and a fine it would be because I was being safe and careful. I could have totally adjusted the camera while driving but I didnít. I stopped and it is only because I stopped that this person was able to see me and take photos.
« Last Edit: July 07, 2024, 11:12:04 am by Spinstorm »

666

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Re: Have I been caught?
« Reply #37 on: July 07, 2024, 11:54:26 am »
I was indicating the side I was parked on.

I was indicating becuase I didnít want someone to come along and not see me even though I was very visible I was being safe.

OK, maybe the guy was simply baffled by your use of the indicators (contrary to the Highway Code*) , and wanted to post it up on the internet for amusement.

* = Rule 103 "use them to advise other road users before changing course or direction, stopping or moving off", and "make sure your signals will not confuse others"

Rule 116 "Hazard warning lights. These may be used when your vehicle is stationary, to warn that it is temporarily obstructing traffic."

slapdash

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Re: Have I been caught?
« Reply #38 on: July 07, 2024, 12:55:37 pm »
The only issue here is the fact I had the engine on.

It isn't. The issue is were you driving.

Quote
From my perspective I wasnít driving.

Then plead not guilty and persuade the bench. About a grand and 6 PTS if you fail. Most of what you say is utterly irrelevant to whether or not the offence was committed.

If you were actually safely parked (which you weren't in my view) then you would quite likely not be driving. The fact you were not safely parked does not necessarily mean you were driving (though I think you probably were).



Spinstorm

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Re: Have I been caught?
« Reply #39 on: July 07, 2024, 12:58:43 pm »
Iím not going to risk court if I got an offer because I agree that itís too much of a risk to take in terms of a fine. I certainly cannot afford a massive fine like that.

However, I was at the side of the road, hand brake on. I wasnít even wearing my seat belt as I took it off. I was indicating for safety (although it appears that isnít in the Highway Code) but the engine was on.

I donít see how that can be considered driving. But Iím not risking it equally.

666

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Re: Have I been caught?
« Reply #40 on: July 07, 2024, 01:08:31 pm »
Iím not going to risk court if I got an offer because I agree that itís too much of a risk to take in terms of a fine. I certainly cannot afford a massive fine like that.

However, I was at the side of the road, hand brake on. I wasnít even wearing my seat belt as I took it off. I was indicating for safety (although it appears that isnít in the Highway Code) but the engine was on.

I donít see how that can be considered driving. But Iím not risking it equally.
If the police were to consider it driving, then presumably they could also charge you for the seat belt offence.

slapdash

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Re: Have I been caught?
« Reply #41 on: July 07, 2024, 02:00:17 pm »
Iím not going to risk court if I got an offer because I agree that itís too much of a risk to take in terms of a fine. I certainly cannot afford a massive fine like that.

If it does come to anything post back. When you are asked to identify the driver you can probably contact the relevant officer. A certain degree of bemusement may help, depending upon what is alleged.