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I will soon receive 3 points, taking me to 12 totl - will I be banned?, Advice on what to expect
jiffster
post Sat, 19 Jan 2019 - 13:56
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Hi all,

I will soon receive 3 points for a red light violation. These 3 points will take the total on my license to 12. I've read in numerous places that this will almost certainly result in a driving ban for approx 6 months.

first 3 points were speeding - 37 in a 30
two years later another 3 points for speeding - 38 in a 30
within a year, another 6 points due to insurance auto-renew fail and a house move
And now, red light run after the light had been red for 1 second according to the offense letter.

So my total, assuming this will be another 3 points (undeniable as the photos clearly show the offence details are accurate), will be 12 points.

Anyone with experience of similar able to give me an indication as to what might happen? Worried as getting to work without my car will mean a 4 hour daily commute.

Any help or advice would be very much appreciated!

Thanks
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post Sat, 19 Jan 2019 - 13:56
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Jlc
post Sat, 19 Jan 2019 - 14:02
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A course might be offered for the red light offence.

Totting is receiving 12 points within a 3 year period, based upon the date of offence.

If you do tot then you cannot accept the fixed penalty and the matter goes to court.

The totting ban will be for 6 months but you have an opportunity to submit and exceptional hardship plea. The plea must be genuinely exceptional, not just inconvenient. Losing your job, in itself, is not necessarily exceptional.

The impact on others carries more weight. You would need to show there were no alternative methods of transport, i.e. public transport.

A successful plea can see the ban reduced, potentially to none.

QUOTE (jiffster @ Sat, 19 Jan 2019 - 13:56) *
first 3 points were speeding - 37 in a 30
two years later another 3 points for speeding - 38 in a 30
within a year, another 6 points due to insurance auto-renew fail and a house move
And now, red light run after the light had been red for 1 second according to the offense letter.

Please confirm the exact offence dates.

This post has been edited by Jlc: Sat, 19 Jan 2019 - 14:06


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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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jiffster
post Sat, 19 Jan 2019 - 14:12
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Hi there,

Thanks for your reply Jlc

The offenses all took place within the last 3 years. Based on your summary, I don't think an exceptional hardship plea would be viable in my case - it is possible for me to get to work, but instead of a 35-minute drive, it'll be a 1hr 45-minute commute each way. I won't lose my job as I run the company. The biggest hardship will be on my family (wife, 2 young daughters) as I will have to stay away for several nights a week.

In terms of what you're inferring with this: "If you do tot then you cannot accept the fixed penalty and the matter goes to court." - could you elaborate a little more?

Thanks again
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Jlc
post Sat, 19 Jan 2019 - 14:19
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There's nothing to be lost in attempting an EH plea... (Might as well try and build a case - they can only say no)

One of the conditions of a fixed penalty is not totting. So, you cannot accept it and you are sentenced at court instead of the 3 points £100. (It will still be 3 points, but incur court charges/surcharge)


--------------------
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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jiffster
post Sat, 19 Jan 2019 - 14:44
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So you're saying that because it will amount to 12 points in the last 3 years, I am unable to accept the fixed penalty 3 points and £100? I'll need to go to court is that right?

Sorry for the slowness on the uptake - it might not seem it, but I am kind of new to all this!

QUOTE (Jlc @ Sat, 19 Jan 2019 - 14:19) *
There's nothing to be lost in attempting an EH plea... (Might as well try and build a case - they can only say no)

One of the conditions of a fixed penalty is not totting. So, you cannot accept it and you are sentenced at court instead of the 3 points £100. (It will still be 3 points, but incur court charges/surcharge)

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Logician
post Sat, 19 Jan 2019 - 15:42
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QUOTE (jiffster @ Sat, 19 Jan 2019 - 14:12) *
The offenses all took place within the last 3 years.


Clearly that is not the case, as otherwise you would have 12 points after the insurance offence. Please give the actual dates of the offences.






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The Rookie
post Sat, 19 Jan 2019 - 16:35
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QUOTE (jiffster @ Sat, 19 Jan 2019 - 14:44) *
So you're saying that because it will amount to 12 points in the last 3 years, I am unable to accept the fixed penalty 3 points and £100? I'll need to go to court is that right?

That’s correct, not least as it has to go to court for the totting ban to be handed out, it’s not ‘automatic’.


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The Slithy Tove
post Sun, 20 Jan 2019 - 09:54
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QUOTE (jiffster @ Sat, 19 Jan 2019 - 14:12) *
instead of a 35-minute drive, it'll be a 1hr 45-minute commute each way. I won't lose my job as I run the company

Plenty of people have daily commutes of that length, and do so every day, 5 days a week, so on it's own that's unlikely to be enough for an EH plea.
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