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Final COFP Reminder 45mph in 30
Slevin7
post Sat, 17 Oct 2020 - 21:32
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I received a NIP and named myself as driver for the alleged offence of speeding 45mph in 30. Yellow box speed camera got me. Was offered a conditional 3 points and 100 pound fine.

I already have 3 points and come under the new drivers act. I don't want to lose my license and retake tests.

I now have a final COFP reminder letter with 14 days to accept before it goes to court.

My question is should I accept the points and definitely have my license revoked by DVLA, or plead guilty in court with exceptional hardship and receive a short ban of 7-28 days as an alternative punishment to penalty points? Since this is at the discretion of the court, what is the likelihood of success?

Also, what is the likelihood of the police getting this into court within the 6 month period (which in this case would make the deadline 21st December 2020 - the original NIP went to a previous address so its taken longer than usual to process).

Many thanks for any advice.
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post Sat, 17 Oct 2020 - 21:32
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Jlc
post Sat, 17 Oct 2020 - 21:37
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Exceptional hardship only applies to totting bans.

Revocation under the New Drivers Act is an administrative process by the DVLA.

The court will be fully aware and will almost certainly follow the guidance not to circumvent the above Act.

They only have to commence proceedings within the 6 months - for which they almost certainly will. That excess is more than 3 points at court (4 to 6 with 5 being most likely).

This post has been edited by Jlc: Sat, 17 Oct 2020 - 21:38


--------------------
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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NewJudge
post Sat, 17 Oct 2020 - 21:52
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QUOTE (Jlc @ Sat, 17 Oct 2020 - 22:37) *
Exceptional hardship only applies to totting bans.

Revocation under the New Drivers Act is an administrative process by the DVLA.

The court will be fully aware and will almost certainly follow the guidance not to circumvent the above Act.

They only have to commence proceedings within the 6 months - for which they almost certainly will. That excess is more than 3 points at court (4 to 6 with 5 being most likely).


x2

As above. You cannot argue "exceptional hardship" to avoid revocation under the New Drivers' Act. Nor can you make such an argument to avoid points being imposed for the offence which takes you to six or more. Unless you have a defence to the speeding matter (which you have not mentioned) you're largely stumped.

You can continue driving until you have been informed by the DVLA that your licence has been revoked and can then apply for a new one immediately. You can apply to take your test as soon as you have it.

You can gamble that the police will fail to commence proceedings in time but it's extremely unlikely that they will. The downside is it will cost you far more than £100 if you are sentenced by a court.

This post has been edited by NewJudge: Sat, 17 Oct 2020 - 21:53
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Logician
post Sat, 17 Oct 2020 - 21:58
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Jlc refers above to the guidance given to magistrates, this is what it says:

QUOTE
An offender liable for an endorsement which will cause the licence to be revoked under the new drivers’ provisions may ask the court to disqualify rather than impose points. This will avoid the requirement to take a further test. Generally, this would be inappropriate since it would circumvent the clear intention of Parliament.


You will note the word 'generally' and wonder if that gives you any sort of hope, the answer is that unless your case has something very unusual about it that would make the court think that justice requires them to disqualify you, then no. The fact that 6 points would cause revocation while a disqualification would not is a bizarre anomaly in the legislation and the court would not easily consider giving you an advantage because of it.

Going to court would cost you more in monetary terms and probably give you 5 points, revocation of your licence does not wipe those out, and 8 points will not impress your insurers or anyone else, so there is every to accept the fixed penalty.


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