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03-04-2007, 11:05 PM
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#1
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Registered User
Country: UK
Location: Weston Super Mare
Occupation: Electrical Engineer
Join Date: Mar 2004
Location: Weston Super Mare
Posts: 6,351
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The Police
It appears i'm going to get 3points and a £60 fine for using my mobile whilst driving. Stupid thing is I wasn't. A letter was hand delivered by a police officer to my office at 15.38 hours today stating that he had seen me at 13.46 hours using the phone whilst driving. I immediatly checked my call register and i haddn't recieved or made any calls anywhere near that time. I also have a hands free kit fitted so don't hold the phone to my ear anyway. I went to the police station to prove that i haddn't used the phone but they said thre was nothing they could doas i could have deleted the call register. This is utter crap as it would have had a missing entry. I don't even recall seeing the police so can only assume that they were on foot as they didn't even stop me to check to see if they were correct. i could have been scratching my head or anything but because they caught a glimps of what they thought was me on the telephone i now have 3points!
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03-04-2007, 11:13 PM
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#2
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Registered User
Join Date: Jun 2005
Posts: 276
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Mobile phone company records
Are you on a mobile contract?
If so should be able to get an itemised bill from yr network provider....maybe even possible if it's pay as u go?
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03-04-2007, 11:21 PM
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#3
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Registered User
Country: UK
Location: Weston Super Mare
Occupation: Electrical Engineer
Join Date: Mar 2004
Location: Weston Super Mare
Posts: 6,351
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Yup, ta I'll give them a call tomorrow. Still annoying though what happened to innocent until proven guilty????
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04-04-2007, 12:12 AM
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#4
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Registered User
Country: Belfast, Northern Ireland, UK
Occupation: Rehab Engineer
Boat name: Rupanco
Boat make: Sunseeker Portofino 31
Engines: 2x200 dirty diesel
Cruising area: Portrush, North Coast of Oirland
Join Date: Feb 2007
Posts: 122
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interesting thread
Bad luck Burty, but you're not alone. This thread is quite long but interesting:
http://forums.moneysavingexpert.com/....html?t=415444
and concerns someone in your predicament. They are contesting it in court. The choices are
1) take it on the chin, pay, and you're assumed guilty. End of story (insurance premium may also rise)
2) fight it and you might win -scot free hunky dory, or lose - possible bigger fine, possible more points, costs, possible disqualification. No way to predict which, depends on magistrate, your performance, your solicitor (if you pay one), cop turning up and the accuracy of his evidence.
Hope this helps a bit. Good luck anyway.
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04-04-2007, 06:40 AM
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#5
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Senior Member
Country: England
Location: Watford
Occupation: Private Hire Company
Interests: Boats Cars women and wine
Boat name: The Bandit & The Bandit1
Boat make: Revenger San Marino & Hunton Rib
Engines: For sale Twin 225 Opti's
Cruising area: The Solent
Join Date: Mar 2006
Location: Watford
Posts: 298
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Do itemised bills provide incoming calls as well.
If you do go to court then in my experience defend your self. Showing abit of fear in a court shows your true feelings and that your not trying to be flash with a breif
Remember they have to prove that you were on the phone by providing evidence.
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04-04-2007, 07:53 AM
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#6
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Registered User
Location: poole dorset
Join Date: Mar 2004
Location: poole dorset
Posts: 868
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Inform the police that you are going to contest the charge and defend yourself. Ask to see all the evidence that will be used in court, its your right, then sum up what they have got on you and ask yourself would I convict someone on this evidence? Usually once you start costing them time and effort on such a trivial case they will drop it.
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04-04-2007, 08:00 AM
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#7
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Registered User
Country: UK
Location: Somerset
Occupation: old bloke
Interests: Water Ski Racing, Basic Racing
Boat name: Bad Boy 717, Hotshot 777
Boat make: Phantom 21, Phantom 21
Engines: JSRE Merc 2.5 EFIss 280hp, Merc 2.5 x 2
Cruising area: Weymouth, Weston and rest of UK
Join Date: Mar 2004
Location: Somerset
Posts: 529
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if you have seen Burty, you know he always looks guilty . . . . .
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04-04-2007, 08:14 AM
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#8
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Traveling
Country: UK
Location: Alderholt
Occupation: Aerospace
Boat name: T/T D2S
Boat make: Midas 27' Cat, Argo 16 Cat. Avon Rib Thingy
Engines: Merc 280-ROS -JSRE,65Xs, 75 Stinger, Yam 60
Cruising area: Any Seedy Bar
Join Date: Sep 2004
Location: Alderholt
Posts: 4,225
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Well in case it passed un-noticed there are many changes within the UK all for the worse with very much guilty unless you prove otherwise assumed.
They would do far better sorting out some of the old outstanding crap than start the new stuff, see a few leftovers below
1 No cows may be driven down the roadway between 10 AM and 7 PM unless there is prior approval from the Commissioner of Police.
2 Since 1313, MPs are not allowed to don armor in Parliament.
3 Those wishing to purchase a television must also buy a license.
4 All English males over the age 14 are to carry out 2 or so hours of longbow practice a week supervised by the local clergy.
5 London Hackney Carriages (taxis/cabs) must carry a bale of hay and a sack of oats.
6 It is illegal to be drunk on Licensed Premises (in a pub or bar).
7 It is illegal for a lady to eat chocolates on a public conveyance
8 Any boy under the age of 10 may not see a naked manequin.
9 Any person found breaking a boiled egg at the sharp end will be sentenced to 24 hours in the village stocks (enacted by Edward VI).
10. It is illegal to commit suiscide (least of your problems!!!!)
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It is impossible to lick your elbow.
Team25Racing.com
At least 75% of people who read this will try to lick their elbow!
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04-04-2007, 09:06 AM
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#9
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Registered User
Join Date: Mar 2004
Posts: 6,891
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I asked a cabbie about no.5 a few years back. He reckoned that one had been abolished.
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04-04-2007, 09:16 AM
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#10
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Registered User
Country: UK
Location: Weston Super Mare
Occupation: Electrical Engineer
Join Date: Mar 2004
Location: Weston Super Mare
Posts: 6,351
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Quote:
Originally Posted by the bandit
Do itemised bills provide incoming calls as well.
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No. I have contacted my network provider who cannot provide me with a list of incoming calls as this can only be provided if the police ask for it! Great cus they aint guna do that are they!!!!!
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04-04-2007, 09:23 AM
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#11
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Registered User
Country: England
Location: Birmingham
Occupation: Scratching
Interests: Big Dinners
Boat name: Never Enough
Boat make: Seaquel 600xs
Engines: 225hp Merc ProMax
Cruising area: Anywhere! I prefer Weymouth
Join Date: May 2005
Location: Birmingham
Posts: 3,232
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Quote:
Originally Posted by Burty
No. I have contacted my network provider who cannot provide me with a list of incoming calls as this can only be provided if the police ask for it! Great cus they aint guna do that are they!!!!!
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Looks like you will get off then!
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I got jumper cables!
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04-04-2007, 09:59 AM
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#12
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numbskull
Country: United Kingdom
Location: South
Occupation: none
Interests: none
Boat name: Leviathan
Boat make: Phantom 28
Cruising area: South Coast
Join Date: Mar 2004
Location: South
Posts: 15,959
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Even if a list of incoming calls were available, they could say that you could have been on another phone (a second of your own, maybe even a PAYG, or someone elses) and that their evidence was an upright, unquestionable pillar of society (policeman) seeing you with his own eyes.
Good luck, but it don't look good mate.
All coppers are.....
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"I Agree with everything you say really!" - John Cooke to Jon Fuller - 26-01-2013
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04-04-2007, 10:04 AM
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#13
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Registered User
Join Date: Mar 2004
Posts: 6,891
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I still laugh about when you said that in front of one!
Is it not the case that they have to have 2 sources of evidence.
Often this is the copper, and his camera.
Or the copper, and his mate or another witness.
My mate got stopped doing 110 by a dog van once, but had to be let off since the dog wasn't a valid witness.
Anyway, I reckon Burty's guilty - he's got a shifty look about him.
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04-04-2007, 10:45 AM
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#14
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numbskull
Country: United Kingdom
Location: South
Occupation: none
Interests: none
Boat name: Leviathan
Boat make: Phantom 28
Cruising area: South Coast
Join Date: Mar 2004
Location: South
Posts: 15,959
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Quote:
Originally Posted by Matt
IMy mate got stopped doing 110 by a dog van once, but had to be let off since the dog wasn't a valid witness.
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That must have been very frustrating for the Dog, seeing as he was probably the 'Brains' of the partnership!
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"I Agree with everything you say really!" - John Cooke to Jon Fuller - 26-01-2013
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04-04-2007, 11:51 AM
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#15
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Registered User
Country: UK
Join Date: Jun 2006
Posts: 1,237
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Quote:
Originally Posted by Jon Fuller
All coppers are.....
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At last!
After 5 years, ive actually found something we both agree on Jon.
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04-04-2007, 01:01 PM
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#16
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..
Join Date: Jun 2004
Posts: 1,567
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If they havn't stopped you how can the prove you were the driver ?
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04-04-2007, 01:36 PM
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#17
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Pension Dodger
Country: UK
Location: KENT
Occupation: IT
Interests: Offshore water ski racing
Cruising area: !!!!!!!!!
Join Date: May 2004
Location: KENT
Posts: 442
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Police
Burty
How did the police know where you worked, even a company car wont show you as the owner, cant see the police doing hand deliveries, are you sure its genuine, and not a wind up.
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04-04-2007, 01:48 PM
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#18
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Large member
Country: England
Location: On the farm
Occupation: General Trouble Causer Salterns Boatyard
Interests: Official smartass
Boat name: Seahorse.org
Boat make: a V24 and a SLOW unstable ICE Bladerunner
Engines: 2x300 promax, 320 Volvo
Cruising area: England/France & Med
Join Date: May 2005
Location: On the farm
Posts: 2,681
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The CPS Inspectorate published a report entitled 'The Thematic Review of the Disclosure of Unused Material'. In a survey of 631 cases, the Inspectorate found that evidence written on 1 in 3 police forms was in insufficient detail or omitted.
Thus 33% of the time requesting the evidence will result in the charges being dropped, as the Police realise they can not proceed.
Write to the Police, outlining your case, and request that all evidence be forwarded to you. Ask for the notes, statements, video and other photographic evidence in this case. If they do not provide this to you it will harm their case in court if they decide to use evidence not disclosed when you requested it.
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04-04-2007, 01:49 PM
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#19
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hello
Join Date: Mar 2004
Posts: 2,739
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Quote:
Originally Posted by Jon Fuller
Even if a list of incoming calls were available, they could say that you could have been on another phone (a second of your own, maybe even a PAYG, or someone elses)
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Did they actually state you were on the phone (holding it to your ear) or just using it? They may be claiming that you weren't actually making a phone call but instead just pressing buttons, reading a text or something. Are you sure you weren't doing something along these lines?
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04-04-2007, 02:28 PM
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#20
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Registered User
Country: UK
Location: Weston Super Mare
Occupation: Electrical Engineer
Join Date: Mar 2004
Location: Weston Super Mare
Posts: 6,351
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Quote:
Originally Posted by dbe1
Burty
How did the police know where you worked, even a company car wont show you as the owner, cant see the police doing hand deliveries, are you sure its genuine, and not a wind up.
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Defo not a wind up, The letter is addressed to the company secretary asking for information on who was driving.
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