Wrong Penalty Notice Code

[brumbrum]

Hi, I have received a fixed penalty notice of £200 + 6 points for the offence of Driving While Using a Mobil Device While Driving on a Road.

I am contesting this fine as I was not using my mobile, I was infect stationary & parked in a safe place off the main highway and checking my tachograph, my work colleague was sat in the passenger seat using his mobile phone.

My skip wagon had/was been parked for 6 minutes with its engine running when the lone police officer claimed to have witnessed myself using my phone, not only was the offices view severely impeded by an 8ft steel railed fence but due to the side wards angle of my wagon in conjunction with the police offices direction of travel, I strongly believe that it was my passenger who he witnessed as being on the phone and not myself.

Both myself and passenger were wearing the identical black tops and my passenger has said that he will happily stand up in court and vouch for my innocence.

However, I believe that I may have spotted an error on my penalty notice handed to myself by the officer, Under the 2nd section entitled Offence Details, the offence code has been written as 0450 yet I can find no mention online of this code, the only code that I can find for the driving offence is “CU80: Driving whilst using a mobile phone”.

Does anyone know if the code of 0450 is correct or incorrect, if incorrect, would it make the penalty notice invalid?

I have been driving for 28yrs and have only ever once been penalised, this was when I was 19 for speeding where I received 3 points, I have never once used my mobile while driving.
Than You

[paulajayne]

Re: Wrong Penalty Notice Code

0450 is most likely a local code.

Have you not received an S172 request to name the driver?

[brumbrum]

Re: Wrong Penalty Notice Code

Hi, I was the driver and my details are written on the notice.

[des8]

Re: Wrong Penalty Notice Code

Hi and welcomeI regret the answer you don't want is NO. A wrong code won't help you.

The fixed penalty ticket is an offer made by the police to allow you to get the matter over and done with in a quick and cost effective way

.The ticket is not a reflection of the evidence that the police have against you
. Its just a summary of the offence and an indication that, if you so choose, you can deal with it by paying £200 and getting 6 points on your licence.

If you reject the ticket a court summons will be issued and a formal statement produced outlining the offence in more detail.
The officer is unlikely to make the same mistake on his statement and will take the details from his pocket notebook entry.
The fact that the officer has made a mistake may help you to show the court that the officer is "slapdash" in his approach and therefore the rest of his evidence is unreliable....The officer's job at court is to prove beyond reasonable doubt that you committed the offence in question. If he can do that a mistake on the ticket will not save you.

[paulajayne]

Re: Wrong Penalty Notice Code

If you plead not guilty then get the other occupant of the vehicle to make a statement, also do not call the Police officer a liar - just that he/she was mistaken.