2 x Conditional Offer of Fixed Penalty - Please advise |
2 x Conditional Offer of Fixed Penalty - Please advise |
Fri, 3 Mar 2017 - 11:57
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#1
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New Member Group: Members Posts: 4 Joined: 3 Mar 2017 Member No.: 90,634 |
Hi all,
I have 2 of these now requiring my attention and I am scared I will lose my licence so any advise is greatly appreciated! Both were 36 in a 30, I have accepted I was driving at the time is there anything I can do? Thank you |
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Fri, 3 Mar 2017 - 11:57
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Fri, 3 Mar 2017 - 11:59
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
So you have actually received two CoFPs or just presuming that is what is going to arrive?
Need more information. How many points are you on? How long you held full licence? This post has been edited by peterguk: Fri, 3 Mar 2017 - 12:37 -------------------- |
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Fri, 3 Mar 2017 - 12:03
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#3
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Unless Scotland then a course to avoid 3 of the points may be available.
-------------------- 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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Fri, 3 Mar 2017 - 12:30
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#4
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Member Group: Life Member Posts: 24,214 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
I have 2 of these now requiring my attention and I am scared I will lose my licence so any advise is greatly appreciated! Both were 36 in a 30, I have accepted I was driving at the time is there anything I can do? Nothing that you have told us so far indicates any viable defence. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Fri, 3 Mar 2017 - 13:22
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#5
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
As above much more information is needed
1/ Are you in Scotland? In England and Wales a course would usually be offered for that speed/limit 2/ Why do you fear losing your licence, are you a new driver (passed first test less than 2 years before the second offence) or already on 6 points? 3/ If you are a new driver 9or think you are) when did you pass your test and when was the second offence, you haven't earlier obtained a full licence on a motorbike? 4/ If you are already on 6 points what are the OFFENCE (not conviction) dates and what is the date of the second of these 2 events? Totting is over a 3 year period but points remain on your licence for four years. -------------------- 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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Fri, 3 Mar 2017 - 13:54
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#6
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New Member Group: Members Posts: 4 Joined: 3 Mar 2017 Member No.: 90,634 |
So you have actually received two CoFPs or just presuming that is what is going to arrive? Need more information. How many points are you on? How long you held full licence? Hi - 6 points at mo 22 years licence. Unless Scotland then a course to avoid 3 of the points may be available. I have already been on a course so don't think I qualify. I have 2 of these now requiring my attention and I am scared I will lose my licence so any advise is greatly appreciated! Both were 36 in a 30, I have accepted I was driving at the time is there anything I can do? Nothing that you have told us so far indicates any viable defence. Thank you, the Wizard said it couldn't help as I couldn't answer all the questions. "Because you didn't answer the additional questions needed for a forum post the Wizard wasn't able to construct one for you. " Have you received a NIP? - Yes Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes Did the first NIP arrive within 14 days? - Unsure Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes Were you driving? - Yes Which country did the alleged offence take place in? - England As above much more information is needed 1/ Are you in Scotland? In England and Wales a course would usually be offered for that speed/limit 2/ Why do you fear losing your licence, are you a new driver (passed first test less than 2 years before the second offence) or already on 6 points? 3/ If you are a new driver 9or think you are) when did you pass your test and when was the second offence, you haven't earlier obtained a full licence on a motorbike? 4/ If you are already on 6 points what are the OFFENCE (not conviction) dates and what is the date of the second of these 2 events? Totting is over a 3 year period but points remain on your licence for four years. 1) England - already been on a course 2) Because I have 6 points and these 2 COFP are 3 points each. I am starting a new job with MENCAP and driving clients are part of the hob. Been driving 22 years 3) N/A 4) Unsure of dates but less than 4 years Thanks for your reply. |
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Fri, 3 Mar 2017 - 13:59
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#7
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
4) Unsure of dates but less than 4 years But may be more than 3? You need to get this information, try here. |
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Fri, 3 Mar 2017 - 14:04
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#8
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
You need to check offence dates asap - as you appear you may tot. (6 months ban)
You won't be able to accept 1 of the CoFP's if they trigger totting. -------------------- 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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Fri, 3 Mar 2017 - 14:09
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#9
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New Member Group: Members Posts: 4 Joined: 3 Mar 2017 Member No.: 90,634 |
4) Unsure of dates but less than 4 years But may be more than 3? You need to get this information, try here. Thank you very helpful 11 Apr 2015 and 18 Jun 2016 You need to check offence dates asap - as you appear you may tot. (6 months ban) You won't be able to accept 1 of the CoFP's if they trigger totting. 11 Apr 2015 and 18 Jun 2016, what do you advise? |
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Fri, 3 Mar 2017 - 14:19
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#10
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Member Group: Members Posts: 2,389 Joined: 10 Jun 2010 Member No.: 38,126 |
When and where did you do a course, and was it for speeding?
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Fri, 3 Mar 2017 - 14:20
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#11
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New Member Group: Members Posts: 4 Joined: 3 Mar 2017 Member No.: 90,634 |
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Fri, 3 Mar 2017 - 14:36
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#12
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Then it appears you will tot.
You can accept one of the CoFP's. If you attempt to comply with the other one then it will be refunded and you will be summoned to court. You can submit an exceptional hardship plea to attempt to reduce the ban, potentially to 0. The impact on others carries more weight. You may wish to advise your employer - especially if driving is a requirement. -------------------- 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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Fri, 3 Mar 2017 - 14:42
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#13
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So you can accept one COFP and the other you can't and will be going to court as a totter.
The court has in its discretion the ability to reduce the 6month ban, potentially to nothing, if you can show that the ban will cause exceptional hardship. Losing your job is not by itself exceptional so you need to consider how it would impact you exceptionally, impact to others is also important and in a way carries more weight. Obviously the fact you seem (on the face of it) to have not moderated your driving, while strictly shouldn't be taken into account, will no doubt be on the benches mind. -------------------- 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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