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#Post#: 71593--------------------------------------------------
NIP - mobile offence
DIR By: benjeh
Date: May 15, 2025, 12:46 am
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Hi All, new poster here so hoping for some help.
I got stopped by police about 3 months ago whilst on my mobile
in traffic. I wasn't texting or anything but I had my phone in
my hand (hand was on the steering wheel too) and phone was on
loud speaker.
I admitted I was on it straight away as I guessed they probably
had photo evidence before they even pulled me over. The officers
that pulled me explained that they intended on reporting that
they had witnessed I was in full control of the vehicle and that
it was basically a technicality they pulled me over for. They
said they would push for a "drivers awareness" type course for
me as it was my first offense, speeding or otherwise.
I explained to the officers I have several vehicles and the
vehicle i was driving didnt have hands free etc. because mine
was in the garage (another long story).
A week or so ago I received the NIP for 6 points and a £200
fine.
I was tempted to appeal it based on what the officers had said
but I don't know whether that is a waste of time?
Any advice would be really appreciated.
PS - Im not trying to get out of a punishment I just don't think
according to what the officers said that the punishment fits the
crime, they even stated I had full control of the vehicle and
was no risk.
#Post#: 71597--------------------------------------------------
Re: NIP - mobile offence
DIR By: NewJudge
Date: May 15, 2025, 2:40 am
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--- Quote ---
> I was tempted to appeal it based on what the officers had said
but I don't know whether that is a waste of time?
--- End Quote ---
What you have is not a NIP. It is a “Conditional Offer of a
Fixed Penalty”. You cannot appeal against it. If you don’t want
to accept it your only option is to face prosecution in court
(which you will if you do not accept it within the 28 days
allowed).
Nothing you have said indicates that you have a defence or
mitigation. What the officers told you at the roadside is
largely irrelevant and the result – even if you plead guilty -
will cost you considerably more than £200.
As far as I know, courses are not offered for mobile phone
offences in any police area in England and Wales and no courses
at all are offered in Scotland.
#Post#: 71600--------------------------------------------------
Re: NIP - mobile offence
DIR By: JustLoveCars
Date: May 15, 2025, 3:34 am
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What tends to happen is the officers issue a TOR (Traffic
Offence Report) that is dealt with centrally where they decide
the appropriate action (course/fixed penalty/court).
It's not unusual for them to be 'mistaken' in what the back
office can issue. As already stated, the option for a course
for mobile offences was dropped back in 2017... (And the key
point is what the officers said does not give you a defence -
you cannot 'appeal')
#Post#: 71603--------------------------------------------------
Re: NIP - mobile offence
DIR By: Freecall
Date: May 15, 2025, 3:51 am
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What has been said above is correct but it is common for people
to use the word 'appeal' when what they really mean is
'challenge'.
You can certainly challenge the officer's account of what they
saw, that is what courts are for - but do you really want to?
From what you have said, you have no defence and are guilty of
the alleged offence. All that a court appearance is likely to
do is increase the financial component of the penalty.
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