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a690 new durham road, First 2 years driving, caught doing 52mph in 30mph
benmcq
post Tue, 27 Sep 2016 - 10:25
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Hi,

I got caught doing 52mph on the a690 Sunderland, nearing towards Sunderland city center in a 30mph zone. The road stretch of road I was caught on (by parked camera van) had two lanes and no traffic in the opposite direction. I received a NIP around the 13th of April this year, I replied straight away, accepting that I was in the driver, around a week or two later I received a letter to say that due to the speed required I couldn't be given a fixed penalty, and that the matter would have to be dealt with in court.

Fast forward 5 month and 2 weeks, I still haven't received a letter with a court date or any more information. After doing a lot of reading it seems the police have 6 month to provide some sort of evidence to the court, and my letter should follow after that.

My first question is what are the chances that I will simply not receive this letter, given the fact its almost 6 month since I've heard anything.

My second question is, what are the chance I will receive 6 points? I passed my test May 19 2015, and so if I am giving 6 points I will loose my license and have to re-take theory and practical exams.

Thanks for any advice/insight etc. this is my first post and I know very little about how all of this works, so sorry for possibly seeming stupid.
Ben
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post Tue, 27 Sep 2016 - 10:25
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peterguk
post Tue, 27 Sep 2016 - 10:27
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They have 6 months to start proceedings. It is not unusual for this to be done right on the limit and you receive a summions a few eeeks outside of the 6 month period.



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Jlc
post Tue, 27 Sep 2016 - 10:32
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As you're probably aware the system of streetlighting makes it a restricted road with a 30mph limit as it's not posted to the contrary.

Anyway, it's unlikely they'll 'forget' about it and you will probably receive your summons/requisition shortly.

Unfortunately, 6 points is likely which will invoke revocation. A short ban could be given but there's specific advice for the Magistrate's not to circumvent the New Drivers Act.


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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benmcq
post Tue, 27 Sep 2016 - 10:43
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Is it worth seeking legal help to try and get it down to 3 points. Also how much will the court take into consideration my circumstances, for example travel to and from work as well as other things like picking kids up from school etc.

I've seen a few examples of early guilty pleas that sometimes result in lower punishments, would it be a appropriate to mention such things in there?
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peterguk
post Tue, 27 Sep 2016 - 10:46
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QUOTE (benmcq @ Tue, 27 Sep 2016 - 11:43) *
Is it worth seeking legal help to try and get it down to 3 points. Also how much will the court take into consideration my circumstances, for example travel to and from work as well as other things like picking kids up from school etc.

I've seen a few examples of early guilty pleas that sometimes result in lower punishments, would it be a appropriate to mention such things in there?


It's never going to be 3 points. Ever.

Not usually much point in paying for legal repesentation with a guilty plea.

Your circumstanceswill be of little importance. The court will impose a sentence according to laid down guidelines. DVLA will then revoke if you are given 6 points.

You should turn up at court and present your circumstances yourself if you want to maximise the chances of the best outcome.


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benmcq
post Tue, 27 Sep 2016 - 10:57
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So the general consensus is to take the 6 points?

Will I then loose no claims bonus and have to say I have only held my license for under a year when I get my new one?
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The Rookie
post Tue, 27 Sep 2016 - 10:58
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As above, I doubt legal representation will be of any help.

Your best bet is to turn up dressed smart, show you are taking the matter seriously (visibly 'bricking it' is not a bad thing, neither is being nervous), you can point out that 6 points will leave your licence being revoked and humbly request they consider whether 5 points is a suitable punishment.

They may well take the view that your driving is exactly what the new drivers act is designed to address of course and give you 6 points anyway.


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benmcq
post Tue, 27 Sep 2016 - 11:04
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QUOTE (The Rookie @ Tue, 27 Sep 2016 - 11:58) *
They may well take the view that your driving is exactly what the new drivers act is designed to address of course and give you 6 points anyway.


This seems like the most likely case.

Oh well, seems like its time to put the fiesta ST up for sale.

If I then retake my test, will I essentially be receiving a 'clean' license? taking me back to square one.

This post has been edited by benmcq: Tue, 27 Sep 2016 - 11:05
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Jlc
post Tue, 27 Sep 2016 - 11:06
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We have seen some 'wacky' results before, e.g. short ban / 5 points, but these are definitely an exception.

Technically, the DVLA revoke your licence and not the court. So you keep driving until the DVLA notify you. However, the court will be fully aware of the situation and you could perhaps influence them. They don't have to take into consideration your travel requirements but it may help if you are truly remorseful/genuine etc.

50 is the usual point for a court summons, a lower speed would be a 3 point fixed penalty. A few mph can make quite a difference!

Some may swear by legal representation but it's usually best to save the cash (they will need paying regardless of the result) for the re-test etc.

You won't lose no claims and you will have held your licence from the the day you originally passed. However, the insurer may ask about a revocation and may load/refuse insurance accordingly - check when you need to advise them of endorsements (some are immediate, most at renewal). You won't have a clean licence and if you hit 12 points you'll tot for a 6 months ban. (Although you can make an exceptional hardship plea to possibly reduce that)

This post has been edited by Jlc: Tue, 27 Sep 2016 - 11:07


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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benmcq
post Tue, 27 Sep 2016 - 11:14
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Yeah I was really disappointed when I read that 50 is 'cut off point' however at the end of the day I was in the wrong regardless.

So bad points, I'm getting 6 points and around £300 fine?

Good points (mostly for insurance prices, considering I pay £215 a month at the moment), I can still say I've held my license for over a year, and will still have a years no claims, and possibly wont have to declare the 6 points till next year.

Does that seem correct?

Thanks a lot everyone, you guys have really helped clear lots up. It's very difficult to piece together information on this subject as I've struggled to find a lot of information about the new drivers act (could by my poor googling skills)

This post has been edited by benmcq: Tue, 27 Sep 2016 - 11:16
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nosferatu1001
post Tue, 27 Sep 2016 - 11:52
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Again- you will LIKELY get 6 points. However turn up oin the day, dressed smartly, bricking it and you never know
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The Rookie
post Tue, 27 Sep 2016 - 13:32
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My youngest daughter has an ST, very easy to get yourself into trouble in I'm afraid to say (hers has the Mountune stage1 with intake and exhaust as well).


--------------------
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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nosferatu1001
post Tue, 27 Sep 2016 - 14:36
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Yeah, its a lovely car, and far too lively for its size smile.gif

She has the stage 1 as well? Yikes, nice upgrade smile.gif
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benmcq
post Tue, 27 Sep 2016 - 14:39
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I waited to start upgrading mine in case I have to get rid, but it looks like I wont have to tell my insurance company about the points till renewal, so hopefully the insurance wont be too bad, since ill have 2 years with a license, 2 years no claims and I'll be 20 by then
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Jlc
post Tue, 27 Sep 2016 - 14:42
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Check your specific insurance terms on notification requirements!


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

Private Parking - remember, they just want your money and will say almost anything to get it.
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peterguk
post Tue, 27 Sep 2016 - 14:42
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QUOTE (benmcq @ Tue, 27 Sep 2016 - 12:14) *
I can still say I've held my license for over a year, and will still have a years no claims, and possibly wont have to declare the 6 points till next year.

Does that seem correct?


IMHO, you should inform your insurance co. immediately your DL has been revoked, as without a DL, your insurance will most likely not be valid either.


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nosferatu1001
post Tue, 27 Sep 2016 - 14:43
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Just check your policy VERY carefully. Wording is key there smile.gif
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benmcq
post Tue, 27 Sep 2016 - 14:47
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I'm insured with diamond, if anyone has any knowledge of them. I've only found a few snippets of information at the moment but will keep reading.
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peterguk
post Tue, 27 Sep 2016 - 14:50
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QUOTE (benmcq @ Tue, 27 Sep 2016 - 15:47) *
I'm insured with diamond, if anyone has any knowledge of them. I've only found a few snippets of information at the moment but will keep reading.


Part of Admiral Group

Tell us IMMEDIATELY if...
Your driving licence status changes - You'd obviously need to let us know if you or any named drivers have had your licence revoked, suspended or if you've been banned from driving.

http://www.admiral.com/magazine/guides/mot...our-car-insurer


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benmcq
post Tue, 27 Sep 2016 - 14:53
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This has confused me slightly, if I loose my license then I have to declare but not tell them about any motoring convictions?

Tell us at RENEWAL about...
Any motoring convictions - that's right, if you or any of your named drivers receive any fixed penalties, motoring convictions or disqualifications during your policy term you will need to let us know when you renew.
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