Will I get banned? |
Will I get banned? |
Tue, 19 Mar 2019 - 13:14
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#1
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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 |
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Tue, 19 Mar 2019 - 13:14
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Tue, 19 Mar 2019 - 14:17
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#2
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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. |
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Tue, 19 Mar 2019 - 14:19
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#3
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
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Tue, 19 Mar 2019 - 15:50
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#4
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New Member Group: Members Posts: 5 Joined: 14 Feb 2019 Member No.: 102,441 |
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 |
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Tue, 19 Mar 2019 - 18:20
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#5
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
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. |
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Tue, 19 Mar 2019 - 19:24
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#6
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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? -------------------- |
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Tue, 19 Mar 2019 - 20:31
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#7
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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. |
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Wed, 20 Mar 2019 - 07:06
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#8
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Member Group: Members Posts: 214 Joined: 19 Oct 2012 Member No.: 57,787 |
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. |
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Wed, 20 Mar 2019 - 11:24
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#9
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
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 |
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Wed, 20 Mar 2019 - 13:24
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#10
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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 |
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