PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Will I get banned?
BA1N
post Tue, 19 Mar 2019 - 13:14
Post #1


New Member


Group: Members
Posts: 5
Joined: 14 Feb 2019
Member No.: 102,441



Hi all,

Age: 23
Full license for 6 years.

I got 3 points on my license 21 march 2016.

Was caught doing 85 on a 60 last month and am going to court on the 29th of march for this offence.

After this I was caught again doing 76 on a 60 which I recieved 3 points for.

What is likely to happen from the court case? Do we think I will get banned? I need my car to travel 50 minutes to work every day.


This post has been edited by BA1N: Tue, 19 Mar 2019 - 13:15
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 9)
Advertisement
post Tue, 19 Mar 2019 - 13:14
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Tue, 19 Mar 2019 - 14:17
Post #2


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Guidelines has that excess as 4-6 points. If you receive 5 then you'll be fine. (It's also possible for short ban but points more likely)

If you receive 6 then you will have the opportunity to submit an exceptional hardship plea to reduce the 6 months totting ban. 'Needing your car' for work is unlikely to be considered sufficient in itself.

This post has been edited by Jlc: Tue, 19 Mar 2019 - 14:18


--------------------
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.
Go to the top of the page
 
+Quote Post
peterguk
post Tue, 19 Mar 2019 - 14:19
Post #3


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



LInked to your prevuious thread?
http://forums.pepipoo.com/index.php?showtopic=126061&hl=


--------------------
Go to the top of the page
 
+Quote Post
BA1N
post Tue, 19 Mar 2019 - 15:50
Post #4


New Member


Group: Members
Posts: 5
Joined: 14 Feb 2019
Member No.: 102,441



QUOTE (Jlc @ Tue, 19 Mar 2019 - 14:17) *
Guidelines has that excess as 4-6 points. If you receive 5 then you'll be fine. (It's also possible for short ban but points more likely)

If you receive 6 then you will have the opportunity to submit an exceptional hardship plea to reduce the 6 months totting ban. 'Needing your car' for work is unlikely to be considered sufficient in itself.


If I lose my car I will lose my job and I will no longer be able to pay my mortgage so I will lose my house aswell
Go to the top of the page
 
+Quote Post
NewJudge
post Tue, 19 Mar 2019 - 18:20
Post #5


Member


Group: Members
Posts: 4,746
Joined: 29 Oct 2008
Member No.: 23,623



QUOTE (Naztradamus @ Tue, 19 Mar 2019 - 08:18) *
If I lose my car I will lose my job and I will no longer be able to pay my mortgage so I will lose my house aswell

There is nothing "exceptional" about that. It would apply to anybody who needs to drive either to undertake or to get to their work (of which there must be millions) and to any of those who have a mortgage (of which there must also be a great number - probably also millions). You need to concentrate on how you will be effected more than any of them. At the very least you will be expected to explain why no alternative work is possible and whether you could get to your current place by other means.
Go to the top of the page
 
+Quote Post
Logician
post Tue, 19 Mar 2019 - 19:24
Post #6


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



85 in a 60 would normally be at the top of the range for a fixed penalty rather than go to court, was there anything considered aggravating about this offence? Are you certain it was 85 and not a bit higher?

In court, as 85 is in the middle of the range covered by 4 to 6 points, 5 points is the likely outcome.

If you do get more and 6 months disqualification looms, hardship suffered by other people as a result of your loss of licence will carry more weight than your own hardship will carry more weight than your own. Does anyone else live in your house?


--------------------



Go to the top of the page
 
+Quote Post
Jlc
post Tue, 19 Mar 2019 - 20:31
Post #7


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (Logician @ Tue, 19 Mar 2019 - 19:24) *
85 in a 60 would normally be at the top of the range for a fixed penalty rather than go to court

That's a good point...

Was a fixed penalty issued?


--------------------
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.
Go to the top of the page
 
+Quote Post
4x4x4
post Wed, 20 Mar 2019 - 07:06
Post #8


Member


Group: Members
Posts: 214
Joined: 19 Oct 2012
Member No.: 57,787



QUOTE (BA1N @ Tue, 19 Mar 2019 - 16:50) *
If I lose my car I will lose my job and I will no longer be able to pay my mortgage so I will lose my house aswell


Of itself that's not good enough as a courts retort will likely be that if your licence is so vital to your life then you should have been more circumspect in your driving habits.

The sort of thing which may influence a decision is say a chronically I'll or disabled family member who is wholly reliant on you for their transport needs.
Go to the top of the page
 
+Quote Post
notmeatloaf
post Wed, 20 Mar 2019 - 11:24
Post #9


Member


Group: Members
Posts: 3,306
Joined: 4 Mar 2017
Member No.: 90,659



QUOTE (4x4x4 @ Wed, 20 Mar 2019 - 07:06) *
QUOTE (BA1N @ Tue, 19 Mar 2019 - 16:50) *
If I lose my car I will lose my job and I will no longer be able to pay my mortgage so I will lose my house aswell


Of itself that's not good enough as a courts retort will likely be that if your licence is so vital to your life then you should have been more circumspect in your driving habits.

The sort of thing which may influence a decision is say a chronically I'll or disabled family member who is wholly reliant on you for their transport needs.

Not really true. Loss of job can be exceptional hardship although almost always because of the effect the loss of income or professional expertise will have on others. For instance, if you are the breadwinner for a family and your kids will experience hardship if you can't earn; or your role is vital in a small company, you cannot be replaced at short notice, and other people will lose their jobs if you are banned.

I saw one where someone ran their own business doing repairs to commercial equipment. They argued that they guaranteed all their work for twelve months and if they were banned these guarantees would be worthless.

The obvious questions will still be can you get there by public transport (even if the journey is considerably longer and more expensive), whether you could work from home, find a different role closer to home, etc.

It is true that hardship to others carries more weight, but it's quite possible for hardship to others to be consequential to hardship to the OP, rather than directly from the ban. The court shouldn't assess exceptional hardship as having lower weight just because the OP would also benefit.

This post has been edited by notmeatloaf: Wed, 20 Mar 2019 - 11:28
Go to the top of the page
 
+Quote Post
The Rookie
post Wed, 20 Mar 2019 - 13:24
Post #10


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (BA1N @ Tue, 19 Mar 2019 - 15:50) *
If I lose my car I will lose my job and I will no longer be able to pay my mortgage so I will lose my house as well

I'll not comment further on whether that would be exceptional in itself, but the onus would be on you to show that was the only possible course, that other means of travel to your place of work were impossible (or so impractical as to be effectively impossible), public transport, cycling, lift shares etc.etc. would not be possible. Or finding an alternative position closer to home.


--------------------
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
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 22:00
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here