9 points, Query |
9 points, Query |
Sun, 2 Dec 2018 - 18:28
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#1
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New Member Group: Members Posts: 2 Joined: 23 Nov 2018 Member No.: 101,093 |
So, I have now got 9 points and have just found out that I have just been court on a camera again. I have to send off the form , should I go to court and plead my case or should I hope the justice will be lenient ?
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Sun, 2 Dec 2018 - 18:28
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Sun, 2 Dec 2018 - 18:35
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#2
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New Member Group: Members Posts: 2 Joined: 23 Nov 2018 Member No.: 101,093 |
Hi, it took 5 months for a council/constabulary to tell me I had forgotten to send them my license with the form... should I have issues with this ?
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Sun, 2 Dec 2018 - 18:37
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#3
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
So you have been "caught" by a camera, doing what?. Assuming this is an offence that carries 3 points or more and a course isn't offered, your attendance at court will be requested, as courts don't like to disqualify unless the defendant is present.
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Sun, 2 Dec 2018 - 18:48
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#4
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
You can have issues with it, but can do nothing about it. Presumably they offered you a conditional fixed penalty and you failed to comply with the conditions, and the consequence is that it is now going to court, that happens quite a lot.
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Sun, 2 Dec 2018 - 18:48
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#5
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Member Group: Members Posts: 41,508 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Council?
I presume this is a speeding or red light offence? If you did not comply with a conditional offer then the amount you've paid will be refunded and you will receive a court summons. (Well actually a postal plea under Single Justice Procedure) Depending on the offence you may receive more than 3 points and will almost certainly have to pay court costs, surcharge and an income-related fine. This post has been edited by Jlc: Sun, 2 Dec 2018 - 18:53 -------------------- 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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Sun, 2 Dec 2018 - 18:49
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#6
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Howabout the other 95% of the story...
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Sun, 2 Dec 2018 - 18:51
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#7
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Member Group: Members Posts: 41,508 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
should I go to court and plead my case or should I hope the justice will be lenient ? You cannot accept a fixed penalty offer if you will reach 12 points (within 3 years based upon the dates of the offences). Instead the matter will be heard at court and you have the option to submit an exceptional hardship plea to reduce the 6 months ban, potentially to none. The impact on others carries more weight. -------------------- 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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Sun, 2 Dec 2018 - 18:51
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#8
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
So, I have now got 9 points and have just found out that I have just been court on a camera again. I have to send off the form , should I go to court and plead my case or should I hope the justice will be lenient ? Plead what case? -------------------- |
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Sun, 2 Dec 2018 - 18:52
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#9
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Member Group: Members Posts: 41,508 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Plead what case? ...an exceptional hardship plea of course. -------------------- 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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Sun, 2 Dec 2018 - 18:55
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#10
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Plead what case? ...an exceptional hardship plea of course. Well that's a likely case to plead, but maybe OP has a defence case in mind. Which is why i asked him/her to clarify. -------------------- |
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Sun, 2 Dec 2018 - 18:59
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#11
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
So if we guess that this is linked to your other post and guess you were caught by speeding by a camera and offered a fixed penalty but failed to send off your licence so it is now going to court, and guess that your 9 points were for offence in the last three years, the minimum number of points for speeding is 3 even if the court is lenient, then you will have 12 points and will become a totter.
That will mean you will be disqualified for a minimum of 6 months unless you can convince the court that exceptional hardship will be caused to you or someone else by your disqualification. That is not just the hardship that anyone would suffer, not even losing your job, but more than that. That is more easily established if someone suffers, for instance if you have a partner or family who depend in some way on you driving. If you tell us your circumstances we can advise. -------------------- |
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Sun, 2 Dec 2018 - 19:02
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#12
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
So if we guess that this is linked to your other post and guess you were caught by speeding by a camera and offered a fixed penalty but failed to send off your licence so it is now going to court, and guess that your 9 points were for offence in the last three years, the minimum number of points for speeding is 3 even if the court is lenient, then you will have 12 points and will become a totter. If OP had 9 valid points when caught speeding, and was not offered a SAC, it was always going to court regardless. -------------------- |
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Sun, 2 Dec 2018 - 20:25
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#13
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
How about one case, one thread?
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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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