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court papers recieved for totting. more points possible, advice on court
stevo29
post Wed, 14 Aug 2019 - 20:00
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hi. today i have recieved my court papers for totting which is being dealt with by single justice procedure. i have stuupidly recieved 4 sp10 tickets for driving my van at 70 on a dual carrigeway over the last 2 years, 3 of the tickets on the same road...

i currently drive average of 1000 miles per week covering the north of england and scotland, and believe i have a good case exceptional hardship plea due to my job being quite unique and not much chance getting similar employment without my licence..

my problem is unfortunatly last week im fairly certain i was caught again
after i took my eye off the ball for a couple of seconds and found myself doing 60 in a 50 with a speed van directly infront of me

im not excusing my tickets the law is the law but can anyone advise me the best way to go with these extra points i have coming.... will i have to go to court enter a exceptional hardship plea, hopefully be let off without w ban, then have to return to court in a few month to do it all again? is there a way i can tell the court about these new points ?

absolutly gutted about all this, theres a high chance i will loose my house if i loose my job

any advice will be appreciated
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post Wed, 14 Aug 2019 - 20:00
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Logician
post Wed, 14 Aug 2019 - 20:28
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If any of the NIPs relate to driving in Scotland they are going to be dealt with in a Scottish court, and you would be well advised to return them completing the details but not signing them. Search here for "going unsigned"

The bare facts you have given about your employment do not sound like a good exceptional hardship(EH) application, simply losing your job is unlikely to amount to EH unless others, such as your family are depending on your income. But assuming you can put together a good EH argument, you do need to get all cases heard at the same time, because if EH is found for only some of the cases, when you go to court for any further cases, you cannot use the same EH argument until three years have elapsed. Therefore if a further NIP does arrive, you need to reply quickly and then apply to the court to have any resulting case heard at the same time as the existing ones.


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NewJudge
post Wed, 14 Aug 2019 - 20:37
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You have a problem.

The likely scenario is that the Single Justice will refer your case to a full hearing which you will be asked to attend. In some areas they don't put "totting" matters before the SJ because you will not be disqualified in your absence without giving you an opportunity to attend (and you cannot attend a SJ hearing). So, at your hearing, let's assume you are successful with your EH plea. As an aside, from what you say this is by no means a certainty. Losing your job when you need to drive to do it is not exceptional and neither is the fact that you will have problems getting another. But let's leave that aside and assume you are successful. You leave court with your licence - but with twelve points still on it.

If and when you face action for the latest offence you will be called to court for totting up again. Then, however, you cannot present an EH argument using the same reasons. Your only hope is to try to delay your totting up hearing until you have heard what action for the latest offence with the aim of having the matters heard together. But that is a forlorn hope.

See what others think.

QUOTE (Logician @ Wed, 14 Aug 2019 - 21:28) *
If any of the NIPs relate to driving in Scotland they are going to be dealt with in a Scottish court,

It seems the first four have already been processed.


This post has been edited by NewJudge: Wed, 14 Aug 2019 - 20:34
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Logician
post Thu, 15 Aug 2019 - 00:14
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If the latest offence turns out actually to be for 60 in a 50 limit, provided that was not in Scotland and you have not done a speed awareness course for an offence occurring in the previous three years, there is no reason you should not be offered a course.


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stevo29
post Thu, 15 Aug 2019 - 07:37
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QUOTE (Logician @ Thu, 15 Aug 2019 - 01:14) *
If the latest offence turns out actually to be for 60 in a 50 limit, provided that was not in Scotland and you have not done a speed awareness course for an offence occurring in the previous three years, there is no reason you should not be offered a course.


i did a speed awarness around 2 yrs ago so thats out the question im affraid.
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stevo29
post Tue, 27 Aug 2019 - 17:59
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thankfully i didnt recieve those point speed van man must of been having his lunch!
i am going down the exeptional hardship plea route. my employer this week is writing me a letter. does this letter just come with me to court and i hand it then ? or do i need to send a copy in when answering to this first court letter i recieved asking for financial info etc?
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NewJudge
post Tue, 27 Aug 2019 - 19:26
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Just take anything you want the court to see with you. Take five copies - one for each of the Magistrates, one for the court's Legal Advisor and one for the prosecutor. You should return your SJ notice saying you'd like a hearing in the normal Magistrates' Court.

It may help you if you post your proposed EH argument on here for comments.

This post has been edited by NewJudge: Tue, 27 Aug 2019 - 19:27
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