67 in a 40, Help please |
67 in a 40, Help please |
Sat, 22 Sep 2018 - 09:03
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#1
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New Member Group: Members Posts: 5 Joined: 22 Sep 2018 From: Gloucester Member No.: 100,005 |
Hi all,
I know my son should be doing this for himself and I am definately not making excuses for him but he is dyslexic so not very good at all the reading and writing. So he received a nip in the post saying that he was speeding 67mph in a 40 (duel carriageway) he has already sent it back with the relevant details. He knows it was wrong, stupid, dangerous and all the rest that goes with it and is very sorry and scared of the outcome as am I. He has a clean liecence and has been driving for 8 years so this is his first time anything like this has happened. Not sure this will make a difference but trying to add as much information as possible. As I understand from reading about this speed he could face a possible short term ban! This is where we have a massive problem as he drives for a living and would deffinately loose his job, also he still lives at home so this will effect me massively as I am a single person who earns just enough to pay the household bills but only just too much to claim benifits. I rely on his contribution towards the rent, I have already been subject to an eviction notice in the past year but managed to come to an agreement with the landlord to pay extra each week which I am able to do with my sons contribution, I fear if he lost his job I wouldn't be able to keep in top of the rent payments and therefore be evicted. Would I be able to put this in writing to the court and would it be enough for them to give him the points instead of the ban? We are both so scared!! If I was able to put this in writing how and who do I address the letter and what proff do they need (I'm not making this up, I still have the notice of seeking possession letter from last year still) Also as he is dyslexic he would struggle in court to hold it together and wouldn't know what say in the right places.... would you advise on a solisitor or is he better off trying to go it alone? Any help or advice would be very much appreciated Thankyou |
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Sat, 22 Sep 2018 - 09:03
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Sat, 22 Sep 2018 - 09:12
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#2
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Member Group: Members Posts: 41,587 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
That excess is just into the top band for sentencing. It can only be dealt with at court. However, there's a high chance that it will not require attendance and will be dealt with via post resulting in 6 points.
There will be a fine of 1 week's earnings, costs of £85 and surcharge of 10% of the fine (min £30). They may consider a short ban though and may well request attendance. The bench can consider circumstances but you can only influence the outcome - there's no strict process (like totting) to consider hardship. The Single Justice Procedure will allow a short written statement. This post has been edited by Jlc: Sat, 22 Sep 2018 - 09:16 -------------------- 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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Sat, 22 Sep 2018 - 22:27
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#3
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Member Group: Members Posts: 13,581 Joined: 28 Mar 2010 Member No.: 36,528 |
In the unlikely event he does get disqualified it would only be for a very short period which he could possible cover with annual leave. He does need to tell his employers though, because if not disqualified he will get 6 points. It looks better to tell them in advance rather than after the event. It may be that he is required to attend to enable disqualification to be considered, this does not mean it is a foregone conclusion. If that happens post again and we can advise further.
This post has been edited by Logician: Sun, 23 Sep 2018 - 14:35 -------------------- |
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Sun, 23 Sep 2018 - 13:30
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#4
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New Member Group: Members Posts: 5 Joined: 22 Sep 2018 From: Gloucester Member No.: 100,005 |
Thank you, I will keep you posted on what comes through the post.
Is it right that it could take up to 6 months to hear if he needs to attend court? He is allowed to drive for the company with 6 points but not a ban as they concider this high risk. |
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Sun, 23 Sep 2018 - 14:02
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#5
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Member Group: Members Posts: 4,781 Joined: 29 Oct 2008 Member No.: 23,623 |
Is it right that it could take up to 6 months to hear if he needs to attend court? They have six months (from the date of the offence) to begin court proceedings. Many areas take all of this so he may not hear for six months plus a week or two. Some areas do turn matters round more quickly, however. |
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Sun, 23 Sep 2018 - 16:05
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#6
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Member Group: Members Posts: 3,816 Joined: 20 Dec 2008 Member No.: 24,962 |
How old is your son? Boy racer? When did he pass his driving test?
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Sun, 23 Sep 2018 - 16:36
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#7
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Member Group: Members Posts: 274 Joined: 19 Aug 2016 Member No.: 86,499 |
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Sun, 23 Sep 2018 - 21:23
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#8
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New Member Group: Members Posts: 5 Joined: 22 Sep 2018 From: Gloucester Member No.: 100,005 |
He's 23.... Clean licence! So no not boy racer, I understand that because of his age you would automatically think that, I wonder if that's what the court would automatically think too!
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Sun, 23 Sep 2018 - 21:59
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#9
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Member Group: Members Posts: 13,581 Joined: 28 Mar 2010 Member No.: 36,528 |
He is 23 and has been driving for 8 years?
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Wed, 26 Sep 2018 - 15:37
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#10
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New Member Group: Members Posts: 5 Joined: 22 Sep 2018 From: Gloucester Member No.: 100,005 |
Update....
In the space of less than a week he has already received the next stage! Phew!! A very lucky lad indeed... 3 points and £100 fine Thank you for your advice regarding my concerns 😁 |
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Wed, 26 Sep 2018 - 15:57
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#11
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Member Group: Members Posts: 41,587 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Extremely lucky with that excess. Ensure it is complied with fully!!!
-------------------- 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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Wed, 26 Sep 2018 - 18:07
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#12
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Member Group: Members Posts: 13,581 Joined: 28 Mar 2010 Member No.: 36,528 |
Extremely lucky with that excess. Ensure it is complied with fully!!! Yes, he must send his licence as well as paying the fine, about once a week we see people posting here who have failed to send their licence. It is very unusual for a fixed penalty to be given for more than 25mph over the limit, it will be interesting to see if this is a new trend or simply a one off. -------------------- |
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Thu, 27 Sep 2018 - 07:20
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#13
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Member Group: Members Posts: 3,770 Joined: 17 Mar 2013 Member No.: 60,602 |
Extremely lucky with that excess. Ensure it is complied with fully!!! Yes, he must send his licence as well as paying the fine, about once a week we see people posting here who have failed to send their licence. We also see people who did send off their licence then didn't notice that they didn't receive it back & it turned out that it got lost in the post so are in the same situation as if they had never sent the licence in. -------------------- British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012 |
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Thu, 27 Sep 2018 - 16:40
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#14
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New Member Group: Members Posts: 5 Joined: 22 Sep 2018 From: Gloucester Member No.: 100,005 |
So sending recorded delivery is the best option? At least he will have proof of posting, maybe he should photo copy everything also!
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Thu, 27 Sep 2018 - 17:45
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#15
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Member Group: Members Posts: 56,263 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The is no such thing as recorded anymore, so that may be hard. For a bulk delivery address signed for is also pointless, just send first class with free proof of posting at a post office.
-------------------- 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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Thu, 27 Sep 2018 - 18:16
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#16
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Member Group: Members Posts: 477 Joined: 1 Nov 2013 From: NG1 Member No.: 66,409 |
Last time I sent something with proof of posting (medical certificate for HGV licence) the clerk at the post office said they would do the proof of posting but not what was in the letter as they didn't see it.
Not sure if this is normal, i.e. they want to see what's in the envelope before they give the proof of posting as I did get a proof of posting saying it was a medical certificate, but it may be worth bearing in mind. |
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Thu, 27 Sep 2018 - 19:06
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#17
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Member Group: Members Posts: 4,781 Joined: 29 Oct 2008 Member No.: 23,623 |
Last time I sent something with proof of posting (medical certificate for HGV licence) the clerk at the post office said they would do the proof of posting but not what was in the letter as they didn't see it. "Proof of posting" is exactly that - proof that you posted something (e.g. an envelope or a packet). Not only does it not confirm the contents but it doesn't confirm the size or shape of the item posted - only the address on the outside. Proof of posting will not provide proof of what you posted. |
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Thu, 27 Sep 2018 - 19:56
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#18
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Member Group: Members Posts: 477 Joined: 1 Nov 2013 From: NG1 Member No.: 66,409 |
Last time I sent something with proof of posting (medical certificate for HGV licence) the clerk at the post office said they would do the proof of posting but not what was in the letter as they didn't see it. "Proof of posting" is exactly that - proof that you posted something (e.g. an envelope or a packet). Not only does it not confirm the contents but it doesn't confirm the size or shape of the item posted - only the address on the outside. Proof of posting will not provide proof of what you posted. That's what I suspected, perhaps a new clerk, but I wasn't sure of the process |
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