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2 x Conditional Offer of Fixed Penalty - Please advise
tiggerdeluxe
post Fri, 3 Mar 2017 - 11:57
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Hi all,

I have 2 of these now requiring my attention and I am scared I will lose my licence so any advise is greatly appreciated!

Both were 36 in a 30, I have accepted I was driving at the time is there anything I can do?

Thank you
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post Fri, 3 Mar 2017 - 11:57
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peterguk
post Fri, 3 Mar 2017 - 11:59
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So you have actually received two CoFPs or just presuming that is what is going to arrive?

Need more information.

How many points are you on?

How long you held full licence?

This post has been edited by peterguk: Fri, 3 Mar 2017 - 12:37


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Jlc
post Fri, 3 Mar 2017 - 12:03
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Unless Scotland then a course to avoid 3 of the points may be available.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Fri, 3 Mar 2017 - 12:30
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QUOTE (tiggerdeluxe @ Fri, 3 Mar 2017 - 11:57) *
I have 2 of these now requiring my attention and I am scared I will lose my licence so any advise is greatly appreciated!

Both were 36 in a 30, I have accepted I was driving at the time is there anything I can do?


Nothing that you have told us so far indicates any viable defence.

Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard (including the detailed questions reached by clicking on the Additional Questions button on the second page), and the Wizard will then post its output back here to enable us to help you.


--------------------
Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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The Rookie
post Fri, 3 Mar 2017 - 13:22
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As above much more information is needed
1/ Are you in Scotland? In England and Wales a course would usually be offered for that speed/limit
2/ Why do you fear losing your licence, are you a new driver (passed first test less than 2 years before the second offence) or already on 6 points?
3/ If you are a new driver 9or think you are) when did you pass your test and when was the second offence, you haven't earlier obtained a full licence on a motorbike?
4/ If you are already on 6 points what are the OFFENCE (not conviction) dates and what is the date of the second of these 2 events? Totting is over a 3 year period but points remain on your licence for four years.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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tiggerdeluxe
post Fri, 3 Mar 2017 - 13:54
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QUOTE (peterguk @ Fri, 3 Mar 2017 - 11:59) *
So you have actually received two CoFPs or just presuming that is what is going to arrive?

Need more information.

How many points are you on?

How long you held full licence?



Hi - 6 points at mo
22 years licence.

QUOTE (Jlc @ Fri, 3 Mar 2017 - 12:03) *
Unless Scotland then a course to avoid 3 of the points may be available.



I have already been on a course so don't think I qualify.

QUOTE (andy_foster @ Fri, 3 Mar 2017 - 12:30) *
QUOTE (tiggerdeluxe @ Fri, 3 Mar 2017 - 11:57) *
I have 2 of these now requiring my attention and I am scared I will lose my licence so any advise is greatly appreciated!

Both were 36 in a 30, I have accepted I was driving at the time is there anything I can do?


Nothing that you have told us so far indicates any viable defence.

Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard (including the detailed questions reached by clicking on the Additional Questions button on the second page), and the Wizard will then post its output back here to enable us to help you.



Thank you, the Wizard said it couldn't help as I couldn't answer all the questions.

"Because you didn't answer the additional questions needed for a forum post the Wizard wasn't able to construct one for you.
"

Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Unsure
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

QUOTE (The Rookie @ Fri, 3 Mar 2017 - 13:22) *
As above much more information is needed
1/ Are you in Scotland? In England and Wales a course would usually be offered for that speed/limit
2/ Why do you fear losing your licence, are you a new driver (passed first test less than 2 years before the second offence) or already on 6 points?
3/ If you are a new driver 9or think you are) when did you pass your test and when was the second offence, you haven't earlier obtained a full licence on a motorbike?
4/ If you are already on 6 points what are the OFFENCE (not conviction) dates and what is the date of the second of these 2 events? Totting is over a 3 year period but points remain on your licence for four years.


1) England - already been on a course
2) Because I have 6 points and these 2 COFP are 3 points each. I am starting a new job with MENCAP and driving clients are part of the hob.
Been driving 22 years
3) N/A
4) Unsure of dates but less than 4 years

Thanks for your reply.
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BaggieBoy
post Fri, 3 Mar 2017 - 13:59
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QUOTE (tiggerdeluxe @ Fri, 3 Mar 2017 - 13:54) *
4) Unsure of dates but less than 4 years

But may be more than 3? You need to get this information, try here.
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Jlc
post Fri, 3 Mar 2017 - 14:04
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You need to check offence dates asap - as you appear you may tot. (6 months ban)

You won't be able to accept 1 of the CoFP's if they trigger totting.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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tiggerdeluxe
post Fri, 3 Mar 2017 - 14:09
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QUOTE (BaggieBoy @ Fri, 3 Mar 2017 - 13:59) *
QUOTE (tiggerdeluxe @ Fri, 3 Mar 2017 - 13:54) *
4) Unsure of dates but less than 4 years

But may be more than 3? You need to get this information, try here.



Thank you very helpful

11 Apr 2015 and 18 Jun 2016


QUOTE (Jlc @ Fri, 3 Mar 2017 - 14:04) *
You need to check offence dates asap - as you appear you may tot. (6 months ban)

You won't be able to accept 1 of the CoFP's if they trigger totting.



11 Apr 2015 and 18 Jun 2016, what do you advise?
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Kickaha
post Fri, 3 Mar 2017 - 14:19
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When and where did you do a course, and was it for speeding?
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tiggerdeluxe
post Fri, 3 Mar 2017 - 14:20
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QUOTE (Kickaha @ Fri, 3 Mar 2017 - 14:19) *
When and where did you do a course, and was it for speeding?


Leicester last Summer and yes it was.
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Jlc
post Fri, 3 Mar 2017 - 14:36
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Then it appears you will tot.

You can accept one of the CoFP's. If you attempt to comply with the other one then it will be refunded and you will be summoned to court.

You can submit an exceptional hardship plea to attempt to reduce the ban, potentially to 0. The impact on others carries more weight.

You may wish to advise your employer - especially if driving is a requirement.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Fri, 3 Mar 2017 - 14:42
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So you can accept one COFP and the other you can't and will be going to court as a totter.

The court has in its discretion the ability to reduce the 6month ban, potentially to nothing, if you can show that the ban will cause exceptional hardship. Losing your job is not by itself exceptional so you need to consider how it would impact you exceptionally, impact to others is also important and in a way carries more weight.

Obviously the fact you seem (on the face of it) to have not moderated your driving, while strictly shouldn't be taken into account, will no doubt be on the benches mind.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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