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2xSP30 in half an hour, Can I get a shortban rather than 6 points
Albionstairs
post Tue, 25 Sep 2018 - 09:09
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I’ve got 2 SP30s in half an hour. Can you help ?


I have the following points on my licence;-

SP30 2/11/15

SP30 23/9/17 - but this was actually doing 48 in a 40 at 14.25.

SP30 on 21/10/17 36mph in a 30 zone. I attended a course on 4 Jan 2018

SP30 on 13/4/18 39mph in a 30 at 9.13am

SP30 on 13/4 18 37mph in a 30 at 9.30am


I have also failed to respond to notices (S172?) so now have in front of me two Single Justice procedure Notices which need to be completed this week.


The most recent SP30’s.

I was travelling out of Maidenhead on Switchback road, a road I had never travelled before. I thought the road was a 40 but on the way back I should have known better as [I expect] there is a lollipop signs stating this as I entered into the built up area [I have not driven the road again to check this].


Background

In September 2017 I was driving to the hospital where my partner had just had her first miscarriage - We'd been into hospital 3 times, once in an ambulance that week culminating in the miscarriage the day before.

All the recent (Sept 2017 – April 2018) SP30's were during the time my partner was having a MRI / Evoke Potential / Lumbar Puncture from our initial consultation in November 2017 for Drop foot Syndrome and whether this was a precursor to MS.


Extreme Hardship

I am self employed and have been the only source of income in the house for several years as my partner finished of a Masters Course last September. With all the stress of miscarriage and then MS hanging over [ which was confirmed yesterday], my partner is still not working.


My work involves a lot of short trips and maintenance as I run a small property management and rent review firm, which requires me to be able to get to clients properties which are not on a bus route. My maintenance roll of properties would be difficult without a car.

I have 2 employees and their income would be affected if I am unable to respond to accidents, such as water leaks, immediately.


I have made an enquiry of one solicitor but am trying to know exactly what they can do for me as they have advised I they may be able to get a short discretionary disqualification instead of the 2x SP30s, ie 6 points. They’ve also stated that they would seek both SP30’s in a single court hearing.


I have now read around the points and hope above is reasonable concise. I have to respond this week to the SJPN’s and would just like some advice as to;-

- Whether I employ a solicitor – would my case be put forward any better than I could?

- Single Court Hearing – WHY ? Would that lessen the 6 points on SP30 I am up for ?

- Solicitor would seek a short discretionary ban How does this work / can it be less than 6 months?


I am very grateful for any advice you can give and will let you know my outcome.
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post Tue, 25 Sep 2018 - 09:09
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Logician
post Wed, 26 Sep 2018 - 09:35
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Yes, a covering letter to explain your request, and then make sure it has happened afterwards and both cases are listed together. Tick the not guilty box to indicate your intention, mitigation is for when you plead guilty but think something should be taken into account by the court when sentencing, so not appropriate when going not guilty.


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Albionstairs
post Wed, 26 Sep 2018 - 10:02
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Thanks Logician.

' and then make sure it has happened afterwards'... what do you mean ?
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Logician
post Wed, 26 Sep 2018 - 12:43
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QUOTE (Albionstairs @ Wed, 26 Sep 2018 - 11:02) *
Thanks Logician. ' and then make sure it has happened afterwards'... what do you mean ?


I mean do not just assume that they have listed the two cases together, if you do not hear anything get in touch.



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Albionstairs
post Wed, 26 Sep 2018 - 14:11
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Thanks L

All gone now, 've gone down your suggested route of Not Guilty and see what holds. I will let you know the outcome.

Might be worth investing in a driving course


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NewJudge
post Wed, 26 Sep 2018 - 14:39
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QUOTE (The Rookie @ Wed, 26 Sep 2018 - 04:23) *
You'll now need to drive like Miss Daisy is onboard until at least next November.

Am I getting confused or is everybody else (it's probably me)?

As I understand it the OP has:

- three points from an offence committed in September 2015.
- three points from an offence committed in 2017

Now he faces 2 x three points for offences committed on 13th April this year. So, unless he can get those two treated as a single offence and assuming he can perform the S172 "deal" for both he will face a totting ban whenever the second of those is heard (whether it is with the first or at a later date). If he succeeds with an EH argument he will still have nine "active" points (three from 2017 and six from this April). So where does November enter the frame? I make it he will have to be careful until 2020 (whatever the equivalent date of the 2017 offence was).

QUOTE (Albionstairs @ Wed, 26 Sep 2018 - 15:11) *
Might be worth investing in a driving course

I think you need to worry about your Exceptional Hardship argument first because - assuming I'm right with the above - if that is unsuccessful you won't be able to do your course for six months!

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Jlc
post Wed, 26 Sep 2018 - 14:54
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Oldest points are from November 2015? (Not sure if that's offence date or conviction date)

But an EH plea seems inevitable regardless of what happens. (Either 1 hearing now to get to 9 points, and then totting triggered by the subsequent hearing - or all 6 in one go)


--------------------
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 Wed, 26 Sep 2018 - 16:22
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QUOTE (Jlc @ Wed, 26 Sep 2018 - 15:54) *
Oldest points are from November 2015? (Not sure if that's offence date or conviction date)

Yes I think you're right (if that was the offence date). I was getting confused with the September 2017 offence on the way to the hospital. Still, it makes no difference.
QUOTE (Jlc @ Wed, 26 Sep 2018 - 15:54) *
But an EH plea seems inevitable regardless of what happens. (Either 1 hearing now to get to 9 points, and then totting triggered by the subsequent hearing - or all 6 in one go)

Yes, I hope the OP is not getting confused between "having the [two latest] offences heard together" and "treating them as a single offence".
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