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I've been falsely reported for using mobile while driving 'offence' - WWYD?

23 replies

OnlyTeaForMe · 05/09/2017 12:56

I'm really 'hot' on this issue - feel really strongly opposed to idiots who use phones while driving and am constantly lecturing my teen learner driver about it.
So I was gobsmacked to just receive an 'advice' letter from the police in a neighbouring county to say that I was reported for driving while using a mobile phone last week!
This letter is a 'warning', it doesn't constitute an offence and I'm not being fined or having points on my licence, but it does say that the report against me/my vehicle will be held for 12 months and if reported again, the police may 'investigate further'.

Thing is, I KNOW this is categorically untrue. I NEVER hold/use my phone in the car, and I have a bluetooth connection and windscreen mounting to receive any incoming calls. I checked my call log anyway, and didn't receive or make any calls in a 3 hour window either side of the reported 'offence'.

I've racked my brains about the allegation and the only explanation I can come up with is that someone has made a spiteful false report.
At the time of the supposed 'incident' I was driving with a friend to an event about 40 miles away. It was single lane unlit country roads in an area we didn't know, and at one point I remember being tailgated by someone who was driving very fast and was clearly impatient to get past. We were looking for the next turn/signpost so were not travelling at the full speed limit (but not ridiculously slow either). When we finally turned off this ar*ehole did the full lean on the horn thing and sped off into the darkness Angry

There's an option to dispute the allegation. I'm so annoyed that I want to, but is there really any point? I suppose it would be on the file.

I'm just so annoyed that someone can/would do this!

OP posts:
endofthelinefinally · 05/09/2017 12:58

I would respond and tell them exactly what you have said here.

thenightsky · 05/09/2017 13:01

Yes, you must defend yourself!

ErrolTheDragon · 05/09/2017 13:22

Yes, report it so your refutation is on file. The other possible explanation is if it was someone with a similar reg.

JudgeRulesNutterButter · 05/09/2017 13:25

Hell yes dispute it! Why wouldn't you when your call log gives such good evidence? Plus if you tell them the situation, they may be able to watch out if this dickhead makes false reports again.

HeartsTrumpDiamonds · 05/09/2017 13:27

That's a good point about preventing future false reports.

What a jerk.

OnlyTeaForMe · 05/09/2017 13:29

I think it's unlikely to be someone with a similar reg, as I WAS actually in the area at the time stated.
Actually I'm a bit Angry with DH as he always transfers a private number plate (which we've had in the family for years) onto our car, and it is quite memorable. Perhaps if I'd had a more bog-standard one this wouldn't have happened.

OP posts:
shouldwestayorshouldwego · 05/09/2017 13:32

Presumably also your friend can confirm that you weren't on your phone. I know that they aren't independent but it is two against one.

GrockleBocs · 05/09/2017 13:35

It seems really bizarre that the police will accept an allegation as fact with no evidence and hold it on file.
Presumably anyone with grudges could be going round making false reports.
If they are making reports falsely then at some point surely they'd be prosecuted.

ivykaty44 · 05/09/2017 13:41

I had a police letter last year about speeding in a different county 150 miles away

I wasn't in the county and phoned

It wasn't my car registration
It wasn't even the same style of car think estate and small soft top
The similaritie was both cars were the same colour

CryingShame · 05/09/2017 13:51

Could you have had something else in your hand - passing a drink carton to a child, putting your sunglasses on?

Oblomov17 · 05/09/2017 13:52

Yes definitely dispute.

OnlyTeaForMe · 05/09/2017 14:12

Have spoken to my friend and she says that she completely agrees (and would confirm) that I didn't make or take any calls or use my phone off the mount. I did have Googlemaps running, but the phone was always mounted.

Perhaps someone saw that instead and doesn't know the laws about handheld vs mounted mobile phone use?? Confused

OP posts:
LurkingHusband · 06/09/2017 13:43

I NEVER hold/use my phone in the car, and I have a bluetooth connection and windscreen mounting to receive any incoming calls.

You can go one better and have the phone automatically divert calls to voicemail and auto-respond to texts when the bluetooth connection is made.

Handsfree or not, it's the talking that's dangerous.

OnlyTeaForMe · 06/09/2017 16:05

Yes I know that thanks Hmm.
I'd only take a call on handsfree if I was on call or it looked urgent/important to be honest.

Any distraction is to be avoided, but I don't think talking in cars has been outlawed yet?

OP posts:
ikeadyounot · 06/09/2017 16:07

I bet the wanker tailgaiting you did it out of spite!

I would definitely report it - if it is malicious, the person might be doing it to others.

OnlyTeaForMe · 06/09/2017 16:08

Quick update on this anyway - I emailed my dispute to the report and got an email back from the police today saying that they accepted my version and understand that there are often two versions of events, so the report has been cancelled and removed from their 'live' files.

So what a waste of everyone's time (and public money!) that has been....

OP posts:
EngTech · 06/09/2017 16:11

Ask to be provided with photographic evidence?

LurkingHusband · 06/09/2017 17:08

slightly OT, but is this the sort of thing that could get flagged up as "soft" evidence in DBS reports ?

Oblomov17 · 07/09/2017 07:03

I do not accept that op. I too would phone back and ask to see the basis for the original report. I think something fishy is going on here. Police seemed pretty sure before, didn't they? Hmm

SandyDenny · 07/09/2017 07:12

Good that it's been sorted out but you'd have been OK even if you didn't have anyone with you in the car as your phone provider would be able to confirm you hadn't used the phone for a call or text.

I'm surprised that there was no attempt to speak to you first before sending the letter. Anyone could make false allegations.

LurkingHusband · 07/09/2017 08:50

Good that it's been sorted out but you'd have been OK even if you didn't have anyone with you in the car as your phone provider would be able to confirm you hadn't used the phone for a call or text.

aside from the fact the OP (or any other driver) could have any number of PAYG phones as well as a "legitimate" contract phone, the UK legal system currently doesn't require the accused to prove their innocence.

prh47bridge · 07/09/2017 09:03

I do not accept that op. I too would phone back and ask to see the basis for the original report

They cannot give the OP any details. The most they could do is tell the OP whether it was a report from a police officer or a member of the public and they may not even be willing to do that. As the report has been cancelled, I would let it go.

scrabbler3 · 08/09/2017 21:47

It seems so unjust that the guy who made the vexatious report won't be fined for wasting police time and taxpayers' money.

This is a great way off getting revenge on somebody - say you saw them texting at the wheel so that they receive an unsettling letter!

And the sort of idiots who do use their 'phones whilst driving won't pay any attention to the letters anyway.

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