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12 Points on Licence
trh1983
post Sun, 2 Dec 2018 - 22:39
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So, to start with i'll preface this by saying i realise i am 100% in the wrong here and have spent the last week with an ever present feeling of dread about losing my licence

I recently got a letter to say i had been picked up speeding (34 in a 30) but as i was recovering from a trapped nerve in my back and was doped up on diazapam by the time i got around to checking mail it was too late to opt for a speed awareness course, i paid the fine and sent my licence within the window of time, but this week got a letter back stating that "A further endorsement of 3 penalty points makes you liable for disqualification through the 'totting up process'

I checked my penalty points on DVLA website and found that i had 9 points already, not the 6 i thought i had (a speeding fine from 2016 i thought was in 2015)

I got 6 points in February 2018 because my insurance lapsed in January and i didnt realise, so this speeding fine would take me to 12

I have yet to receive anything other than this letter, and have spent the last week stressing and reading what i can about my circumstance, I dont think i qualify for Exceptional Hardship, i wouldnt lose my job due to not being able to drive, but i would be unable to get to work and back (I work 25 miles away and in a very rural area so public transport/taxis arent an option) so i would have to quit, due to not working full time for a while caring for an elderly relative and some debt issues i currently live with parents and have just recently got out of debt, i would have to quit my job and attempt to secure work from home/rely on parents to support me throughout the ban

I'm not exactly in a strong place savings wise, i can work/work overtime to try and build up some money but the court date could come up at any time, legal representation seems expensive and if the case isnt strong im not sure it would be worth it to spend that money trying to fight a losing battle, I have reached out to some firms but dont expect to hear back from them until tomorrow as i didnt pull the trigger on any contact forms until the weekend - at this point im wondering whether i would be better off taking the 6 month ban than fighting it, i think its extremely unlikely that my argument for missing the window for the speed awareness course due to an injury will allow me to attend one now? (i've never attended one before) and while April isnt that far away it is 6 months from the most recent offence date until the last 3 points for speeding will expire

I'm really posting here for advice, guidence and support - there isnt anything i can currently do, beyond what i have done - and i realise that, but im not managing to distract myself from obsessing about this, its stopping me sleeping and as much as i hate to use this phrase, its having a significant impact on my mental health

Thanks for taking the time to read this, sorry for the whiney post
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post Sun, 2 Dec 2018 - 22:39
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Jlc
post Sun, 2 Dec 2018 - 23:04
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It’s not a case of fighting it but more whether you can show exceptional hardship.

There’s no downside in submitting your EH plea so you might as well. Generally it will come best from you rather than a solicitor.

The impact on others carries more weight so work on that. Losing your job in itself is not necessarily considered exceptional. Post a draft here.

(Some might ask about the 34 as enforcement doesn’t usually commence until 35)

This post has been edited by Jlc: Sun, 2 Dec 2018 - 23:05


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notmeatloaf
post Mon, 3 Dec 2018 - 14:17
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If you care for elderly relatives then that would be a stronger EH.

You have looked at it from the comnendable point of view that you would quit your job and suffer considerable hardship.

However, flip it round. Most people will not have the option of quitting their job. As such, you would have a considerably longer commute which would reduce the care you give to your relatives.

It's important to see it from arguably a more selfish viewpoint because the court will weigh hardship to your relatives much more highly than hardship to yourself.

Certainly it will need further work - the court will inevitably ask why you couldn't get a job closer to home, and whether anyone else can do the care you do. However, an EH plea costs nothing and you will need to be in court anyway, so there is no reason not to try.

It may be worth posting a draft here - as above, it needs to be worded carefully as the court expects a ban to cause hardship.

Finally make sure your insurance has the correct date for the speeding convictions, you don't want six points for no insurance on top of everything.
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trh1983
post Mon, 3 Dec 2018 - 14:27
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QUOTE (notmeatloaf @ Mon, 3 Dec 2018 - 14:17) *
If you care for elderly relatives then that would be a stronger EH.


I no longer care for said relative as they sadly died last year, That was just to highlight the issues I may/will have due to doing so impacting my savings
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peodude
post Mon, 10 Dec 2018 - 13:55
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It may also be worth sending a begging letter, along with a doctors note confirming, to them, asking to be considered as a late entry to the course. That does depend on how far along you are, timewise, the closer to 6 months after the speeding, the less likely. Don't ask, don't get and all that.
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peterguk
post Mon, 10 Dec 2018 - 14:14
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QUOTE (trh1983 @ Sun, 2 Dec 2018 - 22:39) *
I recently got a letter to say i had been picked up speeding (34 in a 30)

Whilst it does not affect your case, as a point aside, do you still have the NIP?
Enforcement normally starts at 110% + 2mph, so 35 in a 30.
We've heard a lot of stories of posters receiving NIPs for less i.e. 34 or 33 but never actually seen a NIP.
Which force wasd it? If you get the chance can you redact personal detais and post up please?


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Ocelot
post Mon, 10 Dec 2018 - 19:40
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I think we'd all like to see the NIP to see if they really are considering prosecution for 34mph.
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trh1983
post Tue, 7 May 2019 - 21:22
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So i have court on the 20th May and its safe to say i'm bricking it and could use some advice:

I made my initial exeptional hardship argument explaining the background to how i ended up where i am now, i cared for an elderly relative up until their death but that was two years ago, during that time i had some debt issues due to not working full time and this resulted in me moving back with my parents, at the time of receiving the initial notice of the offence i was insured with a slipped disc and was out of time to apply for a speed awareness course by the time i was up on my feet and going through my mail, i work 30 minutes away from home and currently cannot afford to move closer, so if i could not drive, i could not get to work i am also required to drive as part of my job role so losing my licence would lose me my job, living in an area where without the ability to travel there are not jobs.

I think i'm going to have to make the argument in court that losing my licence would make me financially dependant on my parents (i have credit card and mobile phone contract payments which i would default on) so while my parents arent dependant on me, i would become dependant on them - making that an exceptional hardship?

When the matter first came up, i was working with children with Autism and had been told that would strengthen my case, however we had a period of redundancy and my role was affected, i moved departments due to previous experience/qualifications to the training department so i now dont work directly with the young people.

I'm going to write a statement of sorts, apologising for my lapse and accepting full responsibility (nobody to blame but me) and then move onto making my hardship plea, detailing that my current living and financial situation mean that i would have to leave my job within days of being disqualified, due to the area and lack of ability to get to and from work and because of where i am, unable to drive i would likely be unemployed for the duration of the ban, this would then result in me having to depend on parents to allow me to live rent free and support with monthly costs i cant avoid (credit card repayment and phone contract monthly payments) for the duration of the driving ban.

Does anybody have any advice? i did explore getting legal representation but discovered rather quickly that the fee would be way more than i can currently afford
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Dwaynedouglas
post Tue, 7 May 2019 - 22:09
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Have you searched this site for other Exceptional Hardship pleas?

IIRC, there are a number which you should be able to review.

Also, did you follow any of the advice already given? (Maybe under a different account?)

" It may also be worth sending a begging letter, along with a doctors note confirming, to them, asking to be considered as a late entry to the course. That does depend on how far along you are, timewise, the closer to 6 months after the speeding, the less likely. Don't ask, don't get and all that."

" It may be worth posting a draft here" (of your EH plea)

"Finally make sure your insurance has the correct date for the speeding convictions"


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trh1983
post Mon, 20 May 2019 - 12:43
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Just to pay it forward to anybody who may be looking here as I have over the last 6 months:

I attended court this morning, intimidating to stand in a room with 3 magistrates I made my case explaining that I wouldn’t be able to get to work or do my job role, how it would impact my employer and my parents who I would become financially dependant on

The representative from the DVLA looked up public transport options while I was there and asked why these weren’t suitable, I explained that I needed to be at work at either ends of the day as my hours aren’t fixed, he then asked if I could go in the night before and stay in Travelodges close to work (quoting that they are £38) I was able to answer both and why they were not suitable (closest public transport wouldn’t get me there for when I needed to be there & travelodges can go up to £90 or more depending on what’s going on)

They gave me 3 points and a fine, but no suspension the fine works out at £138, £60 fees & a £30 victims surcharge)

All in all the best outcome I could have possibly hoped for

This post has been edited by trh1983: Mon, 20 May 2019 - 12:44
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The Rookie
post Mon, 20 May 2019 - 13:07
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By DVLA I presume you mean the CPS, or maybe even just the legal advisor?

Well done though, drive safe!


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NewJudge
post Mon, 20 May 2019 - 13:13
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A good result.

Don't forget that until February 2021 (when your six points for No Insurance are no longer "active") any further offence will see you facing a "totting up" ban again. You cannot make another Exceptional Hardship argument using the same reasons for three years (i.e. until May 2022).
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Logician
post Mon, 20 May 2019 - 13:17
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Well done, be sure to go very carefully now because any more points will see you back in the same situation until the oldest points start to expire for totting purposes. and you cannot use the same exceptional hardship argument again within the next three years.


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trh1983
post Mon, 20 May 2019 - 20:13
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QUOTE (The Rookie @ Mon, 20 May 2019 - 14:07) *
By DVLA I presume you mean the CPS, or maybe even just the legal advisor?

Well done though, drive safe!


The women at the check in desk introduced him as “somebody from the DVLA” but yeah I guess CPS, I was a bit confused why DVLA would be there but that’s what they introduce ex him as and to others who checked in for driving offences while I was sitting waiting and bricking it

QUOTE (NewJudge @ Mon, 20 May 2019 - 14:13) *
A good result.

Don't forget that until February 2021 (when your six points for No Insurance are no longer "active") any further offence will see you facing a "totting up" ban again. You cannot make another Exceptional Hardship argument using the same reasons for three years (i.e. until May 2022).


Trust me, since this happened I’ve been a super slow driver, looking into speed warning things as well
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thisisntme
post Tue, 21 May 2019 - 14:43
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Was it certainly a 34 though rather than a 35? As stated upthread, it's not usual to enforce below 35.


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