Advice needed about a FPN

[redhead]

Just need a bit of advice and pointing in the right direction really, a friend of mine was parked up at the side of the road, sat in the drivers seat and on the phone when policy enforcement officers approached him and issued him with a £60 fixed penalty notice and 3 points on licence for allegedly using a phone while driving. They said they had seen him half a mile down the road using the phone, my friend said he answered it put it down then pulled over in a safe place to take the call.

The trouble is the policy enforcement officers did'nt arrive at my friends car until he'd been parked up for at least 5 mins, so this says to me there lying(nothing new there but hey!) as it doesn't really take 5 mins to do half a mile with no traffic about.

So my questions

1. My friend has been issued a document producer, when he goes to the station is he contracting with the police when he produces his documents?

2. When the police take his licence (which they will when he goes to the station to produce his documents) is he contracting with them and agreeing to the fine and 3 points being put on his licence by the d.v.l.a.

3. My friend also signed the FPN does this also mean he's contracted? ( I guess it would and this would mean game over)

Any advice greatly appreciated

[wakeupworld]

I`m sorry but I don`t have much sympathy when someone answers a mobile phone whilst driving. Clear road? Does the friend answer the mobile whilst driving whatever the traffic conditions. I say this as I`ve twice had lucky escapes as a pedestrian due to "drivers" using their mobile phone whilst driving.

I know there seems to be a conflict between common law and statute law and basic common sense. I personally suffered no injury but almost and another time may not be so lucky.

[jimmi]

My advice is tell your friend not to use his phone when he's driving his car. You state, "he answered it then put it down", which means his attention was taken away from the road ,yes it might have been for just a fraction of a second but how long does it take to accidentally kill another human being with your car, tell him to take it on the chin and learn from it not to do it again!
I've got a bit of a bugbear concerning driving and using mobiles, when I drive I don't touch my mobile phone if it rings, I admit that I have used my phone whilst driving but that's how I know for sure that it does make a difference and sometimes that difference means a life ends prematurely.
It's too often an occurrence for me that someone using their phone while they are driving does something to threaten my safety and the safety of others nearby, I ride a motorbike as well as drive a car and it's on the bike that I really notice it, just a few hours ago a young girl coming out of a junction to my right as I was approaching it , she swung right out into my lane, panicked, and managed to stop in front of me in time not to hit me, I'd had enough time to realise the situation, come to a full stop and just sit there. It's probably the most extreme example I can give but I've had lots of other experiences with people on mobile phones so..........
My advice is don't use your mobile phone when you are driving.

edit..Wakeupworld's reply wasn't there when I started answering

[dolores1]

Your friend's phone data will show if he was parked during the call or travelling, via the records on the phone masts. He can ask for this info from his service provider.

[tom bombadil]

That someone 'saw' me do this or that is heresey and not admissable in court if it got that far.

In the first instance the driver could have saved time and denied the witness. I dont approve of lying, but it is hard when those with power of life and death are at your door.

You mate has heard that you are into the freeman stuff and has approched you in the hope that they can get off scot free. Is this not the case?

Tell you freind to let this one pass and do what they ask, and then tell him that you will both learn together. It will be stress free if you dont have a case hanging over your head. Always a better option.


Put it another way. If you or you mate were freemans then you would not be bothered by a passing official. Also, being a freeman has little to do with the ownership and road use of a vehicle. So you could concentrate on those issues first. Go here first .... YouTube - Broadcast Yourself. then find the other three parts. It is a start.


Nelly.

[dolores1]

Nice one Tom,

I'm A JRR fan also

[tom bombadil]

Nice one Tom,

I'm A JRR fan also

GoldBerry sends you her best.

[number_6]

It doesn't matter whether the police saw your friend driving. Many do not realise that you have committed an offence if whilst on the phone the vehicle is stationary with the engine running, even in a lay by. The vehicle is considered to be being driven if the engine is running. So it would boil down to whether the engine was switched off when the police spoke to your friend.