[El3oss19]

Hi everyone,I received a NIP from Essex Police for "Use handheld mobile phone".
I wanted to check the photos online because I don't recall holding a phone, but I cannot find a PIN or Passcode anywhere on the letters. I tried scanning the QR code, but the website still asks for a PIN I don't have.
To be safe, I have already filled out the paper form admitting I was the driver and posted it back today.
My questions:
Is it normal for Essex NIPs to have no PIN printed on them?
How can I see the evidence now that I've sent the form? Do I have to wait for the next letter?
Thanks for any help.

[olduser]

I don't think they have to produce a photo.

But from the tone of your post, it sounds as though you are saying you may have been using your phone while driving...

Just checked - They do not have to produce a photo or video, just an officers word.

[Beelzebub]

Yes, they do not have to provide evidence unless and until the matter goes to court.

A request for "any photos to help identify the driver" often gets results, but it's too late for that as you've already responded.

[El3oss19]

I never hold my phone unless if is on the support that is why I am confused, on the link provided to reapond they ask to use the notice number which I found on the letter and the security pin which should be on the notice but I cannot find it. I guess my question for people who know is how can I get this pin number

[NMNeil]

Originally Posted by Beelzebub

Yes, they do not have to provide evidence unless and until the matter goes to court.

A request for "any photos to help identify the driver" often gets results, but it's too late for that as you've already responded.

As stated it's too late now but........
If you wish to argue in court about the photo or any other evidence you would need to file an order for standard disclosure, which used to be called discovery.

"Pursuant to Civil Procedure Rule 31 parties must disclose the following:

• Documents on which they rely
• Documents which adversely affect their case
• Documents which adversely affect another party's case
• Documents which support another party's case"

No surprise witnesses or evidence at trial anymore, and I believe that just like the US the burden of proof is on the accuser (the police) to offer tangible evidence, simply saying "I saw him using a phone" isn't enough in the US and I'm sure the same is true of the UK.

[Beelzebub]

Originally Posted by NMNeil

As stated it's too late now but........
If you wish to argue in court about the photo or any other evidence you would need to file an order for standard disclosure, which used to be called discovery.

.

I don't think that's the case in England and Wales these days. The prosecution's evidence pack should be served automatically in advance** of any trial, and that must include anything on which they will rely.

** = Can't remember the time limit offhand.