Totting up ban with Court date impending. |
Totting up ban with Court date impending. |
Thu, 16 Nov 2017 - 20:55
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#1
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Member Group: Members Posts: 42 Joined: 16 Nov 2017 Member No.: 95,128 |
Hi.
First of all, I am full aware it's my own doing and even though the last offence was a genuine error on my part, it is still my own fault The last offence took place on the 12/10/17. The road is a duel lane i.e. 2 lanes going the same direction (and 2 the other) through a town and I assumed wrongly that it was a 40 limit when it was in-fact a 30. A policeman with a radar caught me doing 35 and so received a FPN a few days later. I send the form back and this morning received the below: "A further endorsement of 3 penalty points makes you liable for disqualification through the 'totting up' process. This can no longer be dealt with at the fixed penalty stage and xxxxxx Police will contact you in due course" I checked earlier on the DVLA site and this is showing the below: SP30 Penalty points: 3 Offence date: 25 Feb 2017 SP30 Penalty points: 3 Offence date: 2 May 2016 SP30 Penalty points: 3 Offence date: 18 Oct 2014 Expired This shows that at the time, I had 9 points but the 3 on the 18th October came off just 6 days after the date of offence. I'm really asking if anyone has any advice regarding my court appearance. I wish to accept fault but would like to know what I can possibly do to reduce any ban. Should I get legal representation? The DVLA site is now showing I only have 6 points, so I guess the 3 expired came off and any for this latest offence are yet to be added? |
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Mon, 12 Feb 2018 - 22:16
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#2
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Why you thought it was a thirty is wholly irrelevant unless it constituted a defence to the allegation.
For totting each case that acquired the points can be contested, once you have totted up it’s just the EH that will be considered. Entirely logical really as the court can’t revisit the preceding cases. While you may think it’s unfair (I don’t and suspect you think that as you feel a ‘bit hard done by’) that’s not relevant, it’s the law. -------------------- 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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Mon, 12 Feb 2018 - 22:47
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#3
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Member Group: Members Posts: 42 Joined: 16 Nov 2017 Member No.: 95,128 |
Why you thought it was a thirty is wholly irrelevant unless it constituted a defence to the allegation. It definitely doesn't constitute a defense? It also baffles me why they don't put a 30 speed limit sign up as like I said before, with it being 2 lanes in the same direction people still consider rightly or wrongly that it is still a 40. As already explained to you, you cannot get less than 3 points for speeding so you are wasting your effort on trying to mitigate your latest offence. You need to present an exceptional hardship case, you should say that is what you intend to do. Your EH case should not say anything about the offences that make up the 12 points, the court may not consider anything said to present any of the offences as less serious. The court can consider only hardship caused to yourself or others, and will consider hardship to others more significant than to yourself. So personal circumstances matter, how you came by the points and mitigation for the latest offence do not matter at all, cannot be taken into account, and waste the magistrates' time reading about them if you put them in. Thanks for your help. Just seems a little off that I can't explain why I thought it was still a 30. Surely at the court then will ask if there's anything I have to say and I can raise the above then? I’m not sure why you’re having difficulty with this point. You cannot mitigate the penalty to fewer than 3 points because that is the least the court can award. The court cannot take account of any exceptional hardship argument that seeks to lessen the seriousness of the offence. QUOTE (4) No account is to be taken under subsection (1) above of any of the following circumstances— (a) any circumstances that are alleged to make the offence or any of the offences not a serious one, (b) hardship, other than exceptional hardship, or (c) any circumstances which, within the three years immediately preceding the conviction, have been taken into account under that subsection in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified. You can say whatever you like but that is the law. I guess it's not worth going in person then as it's going to be a waste of my time. I have no case for Exceptional Hardship apart from having to take orders to the Sorting Office but I'm sure they'd just tell me to get a Taxi. Thanks for your help all. This post has been edited by monkeybrains74: Mon, 12 Feb 2018 - 22:47 |
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Mon, 12 Feb 2018 - 22:47
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#4
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Why you thought it was a thirty is wholly irrelevant unless it constituted a defence to the allegation. It definitely doesn't constitute a defense? It also baffles me why they don't put a 30 speed limit sign up as like I said before, with it being 2 lanes in the same direction people still consider rightly or wrongly that it is still a 40. "People" should know that two lanes doesn’t mean the limit is 40. That concept doesn’t exist in law or the Highway Code. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Mon, 12 Feb 2018 - 22:54
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#5
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Member Group: Members Posts: 42 Joined: 16 Nov 2017 Member No.: 95,128 |
Why you thought it was a thirty is wholly irrelevant unless it constituted a defence to the allegation. It definitely doesn't constitute a defense? It also baffles me why they don't put a 30 speed limit sign up as like I said before, with it being 2 lanes in the same direction people still consider rightly or wrongly that it is still a 40. "People" should know that two lanes doesn’t mean the limit is 40. That concept doesn’t exist in law or the Highway Code. Everyone is overtaking me on that stretch of road when I'm doing 30. Maybe a sign would help. |
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Tue, 13 Feb 2018 - 13:40
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Everyone is overtaking me on that stretch of road when I'm doing 30. Every time I have ever driven from here up to the 50 signs, every single car has overtaken me well over 30 with one exception (which is memorable enough that I actually remember it), doesn't change the fact that the police could prosecute everyone who's doing 35 or more. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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