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3points + NIP, license 21months, exceptional hardship?
BexyDoodles
post Thu, 17 Jan 2019 - 09:41
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So yesterday I received NIP, 36mph in 30 zone, taken by a handheld manned camera.
I’m sure it was taken at the change over in to a 40 zone, plus I was trying to get home to my daughter who was ill at the time.

I passed my test April 2017
Since then - 1 speeding offence = 3points
- 1 speed awareness course completed. Both of these were during my first 6months driving & were obviously unintentional.

As I have completed a speed awareness course in the past I cannot take another at present.


Exceptional hardship -
My daughter is 7years old and her school is a 40minute drive away (I have no partner & my family live 40mins+ so would not be able to rely on family help, plus there are no bus routes at this hour, 1 or 2 buses per day only)

I drive for a job, community care assistant, looking after infants with complex medical conditions in their own homes.
One particular family relies on me as I work 4 nights a week and they have no other regular carer.
The other family is regular work but not set shifts and is an hour drive away.
I work nights so cannot rely on public transport nor would I be back in time to take my daughter to school.

If I lost my license I would have to quit my job which would mean losing my home too.

Do I request the photographic evidence and try to plea entering a 40 zone or do I take It to court and plead exceptional hardship?

Also are points awarded at the date of offence or the date of conviction? As I would have been passed 2years this coming April so it would not cost me my license if the points were added after then if it were to go to court.

Thanks in advance for any replies, I’m sure you can imagine I am stupidly stressed about this and I’m panicking that I am going to lose my license/job/home etc

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post Thu, 17 Jan 2019 - 09:41
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Jlc
post Thu, 17 Jan 2019 - 10:06
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QUOTE (BexyDoodles @ Thu, 17 Jan 2019 - 09:41) *
Do I request the photographic evidence and try to plea entering a 40 zone or do I take It to court and plead exceptional hardship?

An exceptional hardship plea only applies to totting where it's a 6 month ban. Here it is simply a revocation - you don't lose your licence. You can reapply to have your licence and take the test as soon as possible.

QUOTE (BexyDoodles @ Thu, 17 Jan 2019 - 09:41) *
Also are points awarded at the date of offence or the date of conviction? As I would have been passed 2years this coming April so it would not cost me my license if the points were added after then if it were to go to court.

It's the date of offence. So 'delaying' for court doesn't change matters.


--------------------
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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NewJudge
post Thu, 17 Jan 2019 - 12:48
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Your only realistic hope (and it's not at all likely to succeed) is to request a court hearing and ask the court to disqualify you for a short period instead of awarding points. This is almost certain to fail because (1) a disqualification would not normally be appropriate for that speed and (2) the court has specific guidance which says if they have the option of points or a ban and points would trigger revocation then they should award points. The other downside is that being sentenced by the court will cost you considerably more than the fixed penalty.

To be brutally frank, your predicament is precisely the issue that the New Drivers' legislation was designed to address.
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Logician
post Thu, 17 Jan 2019 - 13:09
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It is worth checking where you were actually pinged, in the 30 or 40 zone, but it is a long shot. Otherwise the situation is as explained above, so you are at real risk of having your licence revoked. How did you manage before last April?


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Redivi
post Thu, 17 Jan 2019 - 13:19
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Ask for any photos "to identify the driver" so you can work out exactly where you were pinged

Long shot : Obtain a copy of the traffic order in case the signs are in the wrong place but, if there was at least one streetlight between you and the speed limit sign, this is a no-hoper
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