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Court selection ?, Can you choose which court to attend
Lenny1974
post Mon, 19 Nov 2018 - 13:16
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I have now been provided an NIP and supporting evidence whilst I am already on 9 points. On the basis that I would plead guilty and have to attend court, can you choose which court to attend ? Can it only be the summoning court or can you have the case heard at a more 'local' court ? This will affect if/where my solicitor could be located ?
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post Mon, 19 Nov 2018 - 13:16
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peterguk
post Mon, 19 Nov 2018 - 13:22
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You will be summonsed to court in the jurisdiction where the offence was committed.

A solicitor is rarely of benefit where you're making a guilty plea.

Presumably you're going to present a EH argument?

What is the latest alleged offence?

And dates or previous offences?

This post has been edited by peterguk: Mon, 19 Nov 2018 - 13:23


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BaggieBoy
post Mon, 19 Nov 2018 - 13:38
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QUOTE (Lenny1974 @ Mon, 19 Nov 2018 - 13:16) *
I have now been provided an NIP and supporting evidence whilst I am already on 9 points. On the basis that I would plead guilty and have to attend court, can you choose which court to attend ? Can it only be the summoning court or can you have the case heard at a more 'local' court ? This will affect if/where my solicitor could be located ?

Is there any chance you will get a course offered to avoid the prosecution? More information would help.
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The Rookie
post Mon, 19 Nov 2018 - 13:59
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The court don’t summon you, the police send a single justice procedure notice, so there is no summoning court.


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Lenny1974
post Mon, 19 Nov 2018 - 14:07
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I have 3 previous SP30 dated: 11/10/2015, 02/10/2016, 03/08/2017 and now the latest 30/09/2018

75mph on M1 motorway with a restricted 60mph on over head gantries.

Photographic evidence provided.

I was going to plead quilty, apologise and claim extreme hardship.

This post has been edited by Lenny1974: Mon, 19 Nov 2018 - 14:08
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BaggieBoy
post Mon, 19 Nov 2018 - 14:29
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Should just qualify for a SAC (10%+9, 75 in a 60) as long as you haven't done one in the last 3 years and the offence wasn't in Scotland.
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Lenny1974
post Mon, 19 Nov 2018 - 14:32
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I think I have done one in the last 3 years, but I cannot find anything that provides me the actual dates. I will do some further checking later.

All my 'driving' has been done in England.

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Jlc
post Mon, 19 Nov 2018 - 14:50
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QUOTE (Lenny1974 @ Mon, 19 Nov 2018 - 14:07) *
I was going to plead quilty, apologise and claim extreme hardship.

It's exceptional hardship. The impact on others carries more weight.

It's worth giving us an idea of your circumstances for comments.

QUOTE (Lenny1974 @ Mon, 19 Nov 2018 - 14:32) *
I think I have done one in the last 3 years, but I cannot find anything that provides me the actual dates. I will do some further checking later.

It would be automatically offered if you are eligible in the normal course of events.


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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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Lenny1974
post Mon, 19 Nov 2018 - 15:12
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Cutting a very long story short, I live in Bristol and my children (aged 14 and 16) live in Stockton (North East) with their mum (my ex) and I travel to see them every 2 weeks. I've done this since we split up 13 years ago and have never missed a weekend (excluding getting stuck in Australia due to the ash cloud in 2009). I wouldnt want to stop the ability to see them now as they are both at an important age in relation to school and personal development. furthermore, my work also requires the ability to travel and was thinking that I could get reference letters from both employer and possibly my kids (ex !?!).



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thisisntme
post Mon, 19 Nov 2018 - 15:20
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QUOTE (Lenny1974 @ Mon, 19 Nov 2018 - 16:12) *
Cutting a very long story short, I live in Bristol and my children (aged 14 and 16) live in Stockton (North East) with their mum (my ex) and I travel to see them every 2 weeks. I've done this since we split up 13 years ago and have never missed a weekend (excluding getting stuck in Australia due to the ash cloud in 2009). I wouldnt want to stop the ability to see them now as they are both at an important age in relation to school and personal development. furthermore, my work also requires the ability to travel and was thinking that I could get reference letters from both employer and possibly my kids (ex !?!).


One question you would have to answer is why you couldn't get a train from Bristol.


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cp8759
post Mon, 19 Nov 2018 - 15:28
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QUOTE (Lenny1974 @ Mon, 19 Nov 2018 - 13:16) *
Can it only be the summoning court or can you have the case heard at a more 'local' court ?

You can ask for the case to be transferred to a more local court, section 27A of the Magistrates' Courts Act 1980 gives the court a power to transfer the case to another Magistrates' Court. If you're planning on pleading guilty there should be no reason for anyone to object: no witnesses would need to attend and there would be a local CPS prosecutor assigned to your local court who could deal with the case, so it's hard to see who's interests would be served in having the case heard up north.


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NewJudge
post Mon, 19 Nov 2018 - 15:32
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Bristol to Stockton by train is about five hours. (Not significantly longer than by road).

Can you do your work without driving? You say it is necessary for you to travel but you don't say you necessarily have to drive. What would be the consequences if you lost your job? Could you secure another (which did not need you to drive)? What would be the consequences if you became unemployed? (Losing your job by itself is not normally considered exceptional hardship).

Be prepared for these and other questions when you present your argument. If you post a draft on here you should receive critique and a view on its chances of success.
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Lenny1974
post Mon, 19 Nov 2018 - 16:12
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Depends on how much information you want, but my girlfriend and immediate family (mum, dad, brother[his family] and grandma) all live in the midlands so I stop off and see them as well during the weekends I see kids and weekends between. Also, after we split up, I was able to purchase a flat in Newcastle so that's what the kids call home when I am up there. After 4-5 years, my ex met someone new and moved to Stockton, so I still then have to travel between Stockton to Newcastle with not only all my stuff but all the kids stuff as well (Inc computers, clothes etc) and get food shopping. This makes any possibility of using a train or aeroplane almost impossible (Believe me I have tried) Finally, after we did split up, I had to take my ex to court twice to obtain reasonable access to see my kids (staying over, weekend visits, knowing where she lived to pick them up etc).

If I lost my job, I would then not be able to support my children (Due to an agreed amount when we split, which I have always paid) or be able to pay my mortgage on my property I live in nor the flat I own in Newcastle. I work on a contract basis, so always need to be able to travel if the job requires (Not only in the UK but at other sites in Europe) I usually travel from Bristol to the midlands and have a break, and then do the rest of the journey (Same on way home). I have looked at trains prices are they are extremely high compared to the diesel car I have (55mpg on the motorway) plus I would have to get a minimum of 2 trains and then also pay for my children to travel between Stockton and Newcastle with me. I average between 25-35k miles per year due to visiting my children and with work. Its a financial juggling act as it is, never mind with additional time and money needed for potential trains/planes.



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NewJudge
post Mon, 19 Nov 2018 - 17:53
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Seems to have the basis of a good "Exceptional Hardship" argument. The effect on others usually carries more weight than the effect on you. Bear in mind that if you are successful you will leave the court with nine "active" points. You will be in that position until 2nd October next year. If you face any more points before then you cannot put forward another EH argument using the same reasons for three years.
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Lenny1974
post Mon, 19 Nov 2018 - 17:59
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Thanks NewJudge and others for advice, much appreciated.
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