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Banned and wasn’t aware
Typan
post Wed, 7 Feb 2018 - 20:55
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My daughters boyfriend is a private hire driver with a settle car not registered in his name. In October last year he must have been caught on camera dropping someone at Manchester Airport, he was doing 70 when it had been restricted to 50. In November he received a letter saying because he didn’t give the information of who was driving he had been given 6 points. He called up the court to ask what was it about as he hadn’t had a letter and was told to do a statutory declaration and was given a date. Just before the date to do this he received a summons on referral for this month to attend a court where the speeding had happened.

The court date was yesterday and he forgot about it and did not attend, he was convinced it was 16th and only realised after my daughter told him to check (got the letter 3 mthis ago, I know, no excuse)

As soon as he realised he called the court and was told he had been disqualified for 6mths, prior to this his licence was clean.

I am presuming they doubled the initial 3 points to 6 then 6 for not informing them. The thing is that the keeper of the car (taxi firm) must have provided driver details otherwise how would they have got his address. He is totally distraught as he has never had any dealings with the courts so he was totally naive to what was going on.

He has not only lost his licence but also his job if he doesn’t get this sorted, he really doesn’t know what to do , so I’m hoping someone can offer some advice.

Thanks
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post Wed, 7 Feb 2018 - 20:55
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BertB
post Mon, 12 Feb 2018 - 13:48
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QUOTE (Jlc @ Fri, 9 Feb 2018 - 19:15) *
QUOTE (BertB @ Fri, 9 Feb 2018 - 15:37) *
Although I am wondering how they banned him from driving in his absence, as we are told that courts do not like doing this as it could (and probably has in this instance) lead to driving while disqualified.

The summons explicitly said - so the defendant should not be surprised.


But unless he put in an early plea, how would the court know he had received the summons?
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Typan
post Wed, 14 Feb 2018 - 14:53
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He has now received an appeal for this Friday at 2pm, this is to appeal the ban at the magistrates?

This post has been edited by Typan: Wed, 14 Feb 2018 - 15:00
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The Rookie
post Wed, 14 Feb 2018 - 18:03
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I presume you mean received a date for his appeal?

No, an appeal is heard at the next court level up.


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Typan
post Wed, 14 Feb 2018 - 21:33
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They have told him the magistrate will decide if they will suspend the ban ??
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Logician
post Thu, 15 Feb 2018 - 00:28
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Yes, pending the appeal.


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Typan
post Thu, 15 Feb 2018 - 22:20
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He has to go to the magistrate court that banned him tomorrow at 2pm, what happens next ?
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Logician
post Thu, 15 Feb 2018 - 23:23
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Has he obtained and submitted an appeal form? If not, he needs to ask for an appeal form and complete it for both offences, requesting the court to consider the first appeal out of time.


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Typan
post Yesterday, 13:55
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No they just told him to appear today ?
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Typan
post Yesterday, 15:50
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His ban has been lifted pending appeal, does he need to write or phone for an appeal form ?
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Logician
post Yesterday, 22:45
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Her could have asked for one while he was there, but given his previous form perhaps that was a bit much to hope for. Either phoning or writing should work but he need to do it, and get on with it since the first appeal is out of time already and he is going to be asking the court to accept a late appeal.


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The Rookie
post Today, 06:16
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As the court seems to have accepted some sort of ‘appeal’, I wonder if they chose to reopen the case rather than go to an appeal, it’s hard to believe they would lift his ban pending an appeal if no appeal has been applied for!

Some people really are there own worst enemy.


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Typan
post Today, 10:23
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You are using your level of competency to judge another. He was actually in tears whilst in court as he was completely overwhelmed with the whole experience , so no, maybe he doesn’t absorb information or the process as quick as you would but you’re not him and he isn’t you and although this forum is extremely helpful I do find some comments made rather uncalled for 😔 people come here because they don’t understand what’s happening so I’m not sure what there is to be gained from some of the remarks made 🧐
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southpaw82
post Today, 12:48
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QUOTE (Typan @ Sat, 17 Feb 2018 - 10:23) *
You are using your level of competency to judge another. He was actually in tears whilst in court as he was completely overwhelmed with the whole experience , so no, maybe he doesn’t absorb information or the process as quick as you would but you’re not him and he isn’t you and although this forum is extremely helpful I do find some comments made rather uncalled for 😔 people come here because they don’t understand what’s happening so I’m not sure what there is to be gained from some of the remarks made 🧐

It’s all well and good saying he doesn’t understand but it is extremely frustrating when it is explained to him (via you) yet he still doesn’t follow that advice. You can hardly criticise those giving up their free time to help for being frustrated at that.


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Typan
post Today, 14:53
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I am extremely grateful for advice given but if people aren’t aware of the judicial process then it is confusing, I was just trying to highlight the fact that people here are adept at what you need to do. I am by no means stupid but I confess I am confused. Why didn’t the court give him a form and explain the next step, if you can’t afford a solicitor then your just supposed to know ?
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Logician
post Today, 16:07
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QUOTE (Typan @ Sat, 17 Feb 2018 - 14:53) *
I am extremely grateful for advice given but if people aren’t aware of the judicial process then it is confusing, I was just trying to highlight the fact that people here are adept at what you need to do. I am by no means stupid but I confess I am confused. Why didn’t the court give him a form and explain the next step, if you can’t afford a solicitor then your just supposed to know ?


I would have expected them to do so, perhaps if he was in tears and overwhelmed he failed to take in what was said. Perhaps someone should phone the court on Monday and enquire about the next step and an appeal form.



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Typan
post Today, 17:53
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QUOTE (Logician @ Sat, 17 Feb 2018 - 16:07) *
QUOTE (Typan @ Sat, 17 Feb 2018 - 14:53) *
I am extremely grateful for advice given but if people aren’t aware of the judicial process then it is confusing, I was just trying to highlight the fact that people here are adept at what you need to do. I am by no means stupid but I confess I am confused. Why didn’t the court give him a form and explain the next step, if you can’t afford a solicitor then your just supposed to know ?


I would have expected them to do so, perhaps if he was in tears and overwhelmed he failed to take in what was said. Perhaps someone should phone the court on Monday and enquire about the next step and an appeal form.

Thanks he is going to call Monday,he thought they would write to him with an appeal date until I said you have to ask for a form. He said when he got there someone said you will be in and out in a few minutes. He said he thought that meant they had decided he would remain banned, so when they said the ban was suspended he was overwhelmed with relief. I do think the courts should do more to ensure people know what to do next. If you have never been to court before it is a scary process.
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The Rookie
post Today, 18:05
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He will have almost certainly been told what would happen next in court, he may not have listened/heard of course....

I would suggest he doesn’t drive until he is 100% certain what the court actually decided.


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

S172's
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