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Notice of Proposed Disqualification.
VanBonkface
post Sat, 8 Sep 2018 - 18:12
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Looking for a little help.
I came home to the notice of proposed DQ this afternoon, I was caught speeding back in May 38 in a 30, I couldn't identify the driver as it could have been me or the mrs, so a photo arrived (it was me). Fair cop, so when I got round to responding, births, deaths, new job and sent away on a training course unexpectedly all in June I noticed there was no form to say that it was actually me, so I called the ticket office and they said it had been sent to the court. The court sent a letter, I filled in the forms and forgot to send it before I went on holiday which meant it went over the 21 day limit, by 5 days. so now I receive this letter for failing to give information. My license currently has 0 points, as of June 15th this year. How likely is it that I will be banned and how should I approach this? I admitted to the first offence, just missed the window, and now missed the second one.

I must come across as so unorganised, but may/June were just manic and a sudden death on the other side of the country meant we were away for a fortnight unexpectedly arranging funerals etc.

Help!

Thanks in advance.
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post Sat, 8 Sep 2018 - 18:12
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VanBonkface
post Thu, 20 Sep 2018 - 07:37
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Thanks again.

Please find my initial draft. Any comments would be appreciated. I think it answers any queries above. I don't know if it is too personal or is teaching granny to suck eggs?
My partner driving me about would not work in our situation, she works flexible hours to fit around the needs of the school runs and the new born baby.

To whom this may concern,

Firstly, I would like to apologise for ending up in this situation. From the date of which the NIP was received my life was nothing short of chaotic, we had a baby on the way, I was finishing one project and starting a new project for a new client which overlapped, there was an unexpected death in the family which meant things were put on hold whilst funeral arrangements were dealt with and then the affairs and knock on effects and estate to deal with. Then my daughter was born, shortly after this my client unexpectedly asked me to attend a training course away from home and then carry out duties for them. In short, this lead to a late response to the NIP and identifying the driver of the vehicle. I then received the SJP after speaking to the ticket office and finding out it had gone to the Courts to deal with. I filled out the SJP in a timely manner and stated that it was myself driving and hoped to get the 3 points and a fine due to the circumstances listed above. Unfortunately this letter was left on the kitchen worktop whilst we went of holiday for 14 days, so it was received late. I can only apologise and point out that these last few weeks have been some of the most stressful and sleep deprived in my life as I really do value my driving license and depend upon it as do my family. This last few weeks alone have been a huge lesson and one that I will never forget.

In relation to the failing to provide information charge I understand that this would automatically come with Six penalty points on my driving license. My driving license currently has Zero points on it as of June 2018 but I understand that this charge is potentially from before this date and would have meant I have accrued 12 points. I have requested the date I which the Fail to Provide charge was brought about but the person I spoke to was unable to provide the date from the information that they had.

If I were to be banned then this would seriously affect my life and others around me. Myself and my partner run a company which is in its first year. My partner looks after the HR and accounts elements of the business whilst I am client facing. I travel all over the UK and further afield, 1000mile per week is not uncommon. I am asked to attend clients facilities at short notice when on a call out basis or attend through the night or early morning for testing/witnessing. Many of these facilities are in remote locations due to the nature of their business. (Pharmaceutical/Nuclear facilities). As I am the only client facing person in the business tis would have a detrimental effect on the company as there would be no income, this would mean that the company would no longer be able to operate and would be forced to close. I would lose my job, my family would lose their home due to no income and the two additional staff we employ would also lose their positions, one of which is 61 years old and would struggle to find employment going forward. The other is a single mother on a part time basis already struggling to make ends meet.

My family would suffer as I have a daughter who lives 40 mile away, I currently have her every other weekend, collecting Friday and dropping off Sunday evening, this would no longer be possible and our time as a family would be greatly reduced if I had to resort to public transport. I also try to have her one evening each week where she is collected after school, gets to spend an evening with her young brothers and sisters aged 5,3, and 4 months and then I would drop her to school the following morning and I travel to my place of work. This would certainly not be possible and this would have to stop due to the distance and the timing of public transport, this could affect her mind-set as she does have troubles with her mother and her new husband and looks forward to the evening with our family and sees it as a retreat in a stable family environment. There are also the other children in the family as well as my partner which would be affected, my son (3) and daughter (5) attend schools and nurseries which are 30 minutes apart due to traffic during pick up times there are the occasions where I have to collect one whilst my partner collects the other and this would not be possible as my closest client is currently 20 miles away at a minimum and public transport to either school would be 1hour 40 mins due to the remote location of the client offices. I would not want to leave a child for this length of time if I was called last minute to collect one of them. I also volunteer for a children’s golf team/coaching and I spend time on weeknights/weekends coaching them and taking them to and from events along with other children who’s parents cannot attend. My partner could not do this due to having to look after the baby currently due to breast feeding.

There will also be an extra demand on me in the coming months as it has become apparent that my partner will be requiring a hysterectomy and will not be able to drive for a minimum of 6-8 weeks. Not having access to a car would be a serious issue for the family, it would be impossible to get both children to school on time. To get from one school to another by public transport would take 1hour 20 minutes. This would mean leaving the house at 6:40 am to get one child in on time and the second would still be late by 40 minutes.

There is also the fact that we live 200 mile from family, so grandparents/uncles etc. are not on our doorstep to offer help, it would also make life very difficult to visit them during a period of the ban we could not afford a train ticket to visit either as this would cost in excess of £300 which is not achievable for us and our current finances. We like to try and visit family once a month under normal circumstances this could not happen.
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peterguk
post Thu, 20 Sep 2018 - 07:52
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In this country it's "licence", not "license".


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The Rookie
post Thu, 20 Sep 2018 - 12:58
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Far to long....
There will be a question and answer once you present so just stick to the main facts of the hardship, you can justify any asp cts they query later, they’ll nod off half way through that. One or two SHORT paragraphs only.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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VanBonkface
post Fri, 21 Sep 2018 - 08:35
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Trimmed to remove the fluff, comments would be appreciated.

Exceptional Hardship Plea

To whom this may concern,

Firstly, I would like to apologise for ending up in this situation. From the date of which the NIP was received my life was nothing short of chaotic, we had a baby on the way, I was finishing one project and starting a new project for a new client which overlapped, there was an unexpected death in the family which meant things were put on hold whilst funeral arrangements were dealt with and then the affairs and knock on effects and estate to deal with. Then my daughter was born, shortly after this my client unexpectedly asked me to attend a training course away from home and then carry out duties for them. In short, this lead to a late response to the NIP and identifying the driver of the vehicle. I then received the SJP after speaking to the ticket office and finding out it had gone to the Courts to deal with. I filled out the SJP in a timely manner and stated that it was myself driving and hoped to get the 3 points and a fine due to the circumstances listed above. Unfortunately this letter was left on the kitchen worktop whilst we went of holiday for 14 days, so it was received late. I can only apologise and point out that these last few weeks have been some of the most stressful and sleep deprived in my life as I really do value my driving license and depend upon it as do my family. This last few weeks alone have been a huge lesson and one that I will never forget.

In relation to the failing to provide information charge I understand that this would automatically come with Six penalty points on my driving licence. My driving licence currently has Zero points on it as of June 2018.
If I were to be banned then this would seriously affect my life but more so, others around me. Myself and my partner run a company which is in its first year. My partner looks after the HR and accounts elements of the business whilst I am client facing. I travel all over the UK and further afield, 1000+ mile/ week is not uncommon. I am asked to attend clients facilities at short notice when on a call out basis or attend through the night or early morning in remote locations due to the nature of their business. As the only client facing person in the business this would have a detrimental effect on the company as there would be no income, and forced to close. I would lose my job, my family would lose their home due to no income and the two additional staff we employ would also lose their positions.

My family would suffer as I have a daughter who lives 40 mile away, I currently have her every other weekend, collecting Friday and dropping off Sunday evening, this would no longer be possible if I had to resort to public transport. I also try to have her one evening each week where she is collected after school to spend an evening with her young siblings aged 5,3, and 4 months. This would not be possible and this would have to stop due to the distance and the timing of public transport, this would affect her mind-set as she does have troubles with her mother and her new husband and looks forward to the evening in a stable family environment.
There are also the other children in the family as well as my partner which would be affected, my son and daughter attend schools and nurseries which are 30 minutes apart due to traffic.

I also volunteer for a children’s golf team/coaching weeknights/weekends and taking them to and from events along with other children.
There will also be an extra demand on me in the coming months as it has become apparent that my partner will be requiring a hysterectomy and will not be able to drive for a minimum of 6-8 weeks. Not having access to a car would mean it would be impossible to get both children to school on time. To get from one school to another by public transport would take 1hour 20 minutes.

There is also the fact that we live 200 mile from family, so grandparents/uncles etc. it would also make life very difficult to visit them during a period of the ban we could not afford a train ticket to visit either as this would cost in excess of £300.
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Jlc
post Fri, 21 Sep 2018 - 08:52
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I still think it's (far) too long.

Also, of interest could be this. The reduction of the 6 month ban can be to none (which is what people really want) but there is latitude for a smaller period under certain circumstances if the bench think it is appropriate.


--------------------
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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VanBonkface
post Fri, 21 Sep 2018 - 09:05
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Would you be referring to this piece of legislation?

(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
©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.

I agree it is too long, but how can i get all my points across in a shorter plea? Should i put bullet points and wait to be questioned on them? I am not sure how the procedure works during the hearing.
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southpaw82
post Fri, 21 Sep 2018 - 10:27
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The court is well able to concentrate on what you’re saying for more than 60 seconds. If what you want to say takes 5 minutes to say then so be it. However, don’t repeat yourself or include irrelevancies. Nobody expects you to be able to make a plea like a lawyer, so don’t try.


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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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d123
post Wed, 26 Sep 2018 - 19:10
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QUOTE (VanBonkface @ Fri, 21 Sep 2018 - 09:35) *
Unfortunately this letter was left on the kitchen worktop whilst we went of holiday for 14 days,


If I was the magistrate I would view that as an aggravating factor, not mitigation.

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southpaw82
post Wed, 26 Sep 2018 - 19:13
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QUOTE (d123 @ Wed, 26 Sep 2018 - 20:10) *
QUOTE (VanBonkface @ Fri, 21 Sep 2018 - 09:35) *
Unfortunately this letter was left on the kitchen worktop whilst we went of holiday for 14 days,


If I was the magistrate I would view that as an aggravating factor, not mitigation.

Good job you’re not then, really.


--------------------
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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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VanBonkface
post Mon, 8 Oct 2018 - 08:29
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QUOTE (d123 @ Wed, 26 Sep 2018 - 20:10) *
QUOTE (VanBonkface @ Fri, 21 Sep 2018 - 09:35) *
Unfortunately this letter was left on the kitchen worktop whilst we went of holiday for 14 days,


If I was the magistrate I would view that as an aggravating factor, not mitigation.


Can i ask why?

It was filled in within a few days of receipt and it was a genuine mistake on my behalf. I even called the court to let them know i had left it and it would be late getting to them. Surely this is not the action of someone wishing to aggravate the situation?
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The Rookie
post Mon, 8 Oct 2018 - 08:52
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Personally I think its an irrelevance either way and not worth mentioning.


--------------------
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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VanBonkface
post Mon, 8 Oct 2018 - 12:44
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Thank you
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