Speeding nip to employers, best way forward - Hgv speeding worries, Threads merged x4 Options

[Mosopy]

Iam an hgv driver, my employers received a nip for speeding and iam the driver.
Iam on 9 points, not sure how they would react to a ban on my part. I fear for my job.
How can I best plead my case to not receive a ban ?
I have a SGO with my granddaughter, my wife had to give up work to look after her, Iam the only wage earner
Any advise would be welcome, Iam worried sick
Thankyou

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[Mosopy]

The dreaded NIP arrived today . It states time and location of offence and of course my speed, but it states " speed limit on this road ...mph " no figures, just mph.
I was noted doing 36mph, presume the road in question is 30mph limit, foolishly my thinking it was 40mph
My question is can I contact the office sending the NIP and ask for the speed limit on the stretch of road, as they have omitted it ?
Any delay with this issue would be welcome as I already have 9 points

[southpaw82]

You can ask them for anything you like. However, they are not obliged to provide you with anything. Strictly speaking there is no obligation to serve an NIP on you at all so you ought to concentrate on the s 172 notice requiring you to name the driver. Miss that and it’s 6 points and a bigger fine than speeding.

[peterguk]

Any delay with this issue would be welcome as I already have 9 points

Qualification for SAC depends on offence dates, otherwise everyone would try to delay proceedings to suit themselves.

Same applies to totting ban.



This post has been edited by peterguk: Sat, 19 Jan 2019 - 15:33

[southpaw82]

Other than delaying the commencement of any ban.

[roythebus]

I think the main worry if I were in that position would be the statutory visit to the local Traffic Commissioner's Office for a Public Inquiry.

There is the double jeopardy for vocational drivers with PSV or HGV entitlement inasmuch as there is a legal obligation on you and your employer and his transport manager to report any notifiable offences to the TC's office.The TC has the power to revoke or suspend your vocational licence for as long as he thinks fit. If your employer fails to notify the TC office, he too could face a Public Inquiry as to why he has breached his operator's licence requirements.

That licence suspension or revocation is additional to whatever the magistrate's court may decide. Professional drivers are expected to drive to a higher standard than others. <says he who sometimes drives his car quite fast but never exceeds the limit when bus driving>.

[Mosopy]

I recieved a single justice procedure notice.
Iam on 9 points now, and expecting a ban of sorts
It says I do not need to attend court when pleading guilty, but do I need to attend to receive a ban or give my mitigation in person

[The Rookie]

One of three things can happen
1/ the single justice can impose a ban and you’ll be notified of the start date, the legislation allows for this though it rarely seems to happen (if ever)
2/ The single justice transfers it to the magistrates court and you’ll be expected to attend (in person or via a legal representative) so you know of the outcome as the ban would start immediately.
3/ You ask for it to be transferred to the magistrates court and submit an exceptional hardship plea in order to try and reduce the length of the ban (possibly to zero).

This post has been edited by The Rookie: Thu, 23 May 2019 - 08:45

[Mosopy]

Attended court in bradford this morning. For rotting up hearing.
I said I'd written a letter asking for hardship to be taken into consideration. I sent this with the letter saying I would attend.
So it's been adjourned until 26 November, so I can produce evidence like the SGO I have with my granddaughter and a letter from my employer.
So it drags on,
Do you guys feel I have a good hardship case, I am the only wage earner in my house, my wife stopped work to look after our granddaughter, as a hgv driver I would undoubtedly lose my job.
My wife is a non driver, I take granddaughter to regular hospital appointments, and weekly contact,
Any input guys to ease my mind is welcome

[The Rookie]

Losing your job is not 'exceptional hardship' of itself.

So what exceptional hardship would you suffer? Any other jobs you can do? Impact on (innocent) others would count for more.

Your lucky they adjourned to allow you to fix your lack of prepares.

[Logician]

You are lucky to be allowed to have another chance to put forward an exceptional hardship argument. An SGO is presumably a court order giving you custody of your granddaughter? Losing your job as such is not exceptional hardship, but the consequences might be. You need to show that your wife and granddaughter would suffer if you lose your job. Would you be in danger of losing your home? Would you still be able to provide for them if you were out of work? Could your granddaughter be taken to hospital by other means such as public transport? Could her parent(s) come to her for contact?

You need to work on presenting your case fully, remembering that hardship to others counts for more than to yourself.

[BaggieBoy]

Continuation of this case I presume:

http://forums.pepipoo.com/index.php?showtopic=125291&hl=

Repeatedly starting new threads for the same case is frowned upon.

[Fredd]

Repeatedly starting new threads for the same case is frowned upon.

Indeed - if it happens again the new thread will just be deleted.

[NewJudge]

As mentioned earlier, do you know the effect avoiding a ban but remaining on twelve points will have on your HGV licence? If you are going to lose that anyway it may influence the Magistrates' decision and you need to be able to tell them what the situation is.