s172 sent but no valid response Options

[confused..]

Hi,
Just wanted to put this out there to see if anyone else has experienced anything similar..

Sent of the s172 for the offence of doing 34mph in a 30mph zone, stating myself as driver etc as normal. I did also however include a handwritten letter (folded into the middle of the s172) explaining i was on 9 points already and would lose my job if my license is taken away, (understand some forces can be discretionary) in which case i would file for exceptional hardship.

The response i got back was a little confusing.
They acknowledged my correspondence and attached the photo evidence of me being the driver (i hadn't questioned this) although the s172 sent in with my letter had me as named driver anyway..
It also said in order for this to proceed the NIP needs to be filled in to confirm driver details... i had already done all of this..

6 weeks have passed and still, nothing..
I feel i am not at fault here but obviously i want to avoid losing my license. Has this happened to anyone before?

Thanks

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[TonyS]

Sent of the s172 for the offence of doing 34mph in a 30mph zone,

I'm afraid I can't help with your question, but if the speed was really 34mph in a 30 limit, would you be able to upload a copy of the document with your personal details obscured? The reason for asking is that we occasionally hear people saying they were given a ticket for speeds below the normal threshold, but I don't think we've ever seen a verified example.

Thanks

[Jlc]

Either way this is going to court.

Did you sign the driver confirmation? Did the letter cast any doubt?

They cannot offer you a fixed penalty if you have 9 active points - the matter goes to court.

Start preparing your exceptional hardship plea - concentrating on the impact on others.

6 weeks have passed and still, nothing..

They have 6 months to commence proceedings and quite often use most of that time.

[confused..]

Sent of the s172 for the offence of doing 34mph in a 30mph zone,

I'm afraid I can't help with your question, but if the speed was really 34mph in a 30 limit, would you be able to upload a copy of the document with your personal details obscured? The reason for asking is that we occasionally hear people saying they were given a ticket for speeds below the normal threshold, but I don't think we've ever seen a verified example.

Thanks

sorry 35mph in a 30mph zone.. all i have is the photo evidence they randomly sent through.

Either way this is going to court.

Did you sign the driver confirmation? Did the letter cast any doubt?

They cannot offer you a fixed penalty if you have 9 active points - the matter goes to court.

Start preparing your exceptional hardship plea - concentrating on the impact on others.

6 weeks have passed and still, nothing..

They have 6 months to commence proceedings and quite often use most of that time.

Yes signed all of the driver confirmation - no doubt in my letter that it was me driving. I did say "alleged offence" in my letter as i was under the impression that no guilt is assumed at this point only when accepting a conditional offer etc..
6 months from origonal date of offence or from receipt of the NIP? the offence is dated 8/8 as it takes an age due to being a lease car..
Spanner in the works is that i may be emigrating to Ausstralia in about 3/4 months time so may just chase this myself to draw a close on the matter ASAP

[The Rookie]

If the letter shed any doubt at all on the driver nomination (or they misread it) then they couldn't accept the S172.

If this was in England or Wales you would have got an awareness course (which would have avoided points) unless you had done one in the last 3 years, by not replying further you may have jeopardised that to your detriment.

Exceptional hardship is for the courts not the police to the letter was a waste of time and may have muddied the waters to your detriment.

This post has been edited by The Rookie: Fri, 29 Nov 2019 - 09:48

[confused..]

If the letter shed any doubt at all on the driver nomination (or they misread it) then they couldn't accept the S172.

If this was in England or Wales you would have got an awareness course (which would have avoided points) unless you had done one in the last 3 years, by not replying you may have jeopardised that to your detriment.

Exceptional hardship is for the courts not the police to the letter was a waste of time and may have muddied the waters to your detriment.

speed aware course is not an option, already done on 2 yrs ago.
The letter was more to state i was already on 9 points (i understood from the NIP i had to disclose this info to the police force FAQ's on back) and that i would be arguing exceptional hardship if the matter went to magistrates. (Also understand some police forces can use their own discretion in these instances).
The response said ..."In order to proceed the NIP needs to be filled in to confirm driver details"... but my handwritten letter was folded in the middle of that stating me as named driver no arguments.. hence the confusion!

[NewJudge]

Get in touch with them and ask whether they have an unequivocal signed admission from you that you were the driver. If they haven't then provide them with one. After that begin work on your Exceptional Hardship argument. Losing your job is not exceptional. Work on telling the court why alternative employment is not an option and explain the consequences for you and others if you lose your job.

[confused..]

Get in touch with them and ask whether they have an unequivocal signed admission from you that you were the driver. If they haven't then provide them with one. After that begin work on your Exceptional Hardship argument. Losing your job is not exceptional. Work on telling the court why alternative employment is not an option and explain the consequences for you and others if you lose your job.

Thanks, i was going to seek legal assistance in such a case anyway, rather pay for a professional than risk it..

[The Rookie]

There is really no need to pay for professional help unless you think you cannot put the facts across, you'll need to be there to answer questions anyway.

It's still a risk if you use a professional as they don't change the facts!

[confused..]

There is really no need to pay for professional help unless you think you cannot put the facts across, you'll need to be there to answer questions anyway.

It's still a risk if you use a professional as they don't change the facts!

Thanks for the assistance.

[southpaw82]

Get in touch with them and ask whether they have an unequivocal signed admission from you that you were the driver. If they haven't then provide them with one. After that begin work on your Exceptional Hardship argument. Losing your job is not exceptional. Work on telling the court why alternative employment is not an option and explain the consequences for you and others if you lose your job.

Thanks, i was going to seek legal assistance in such a case anyway, rather pay for a professional than risk it..

If you’re emigrating to Australia, do you really care about losing your licence in 4/5 months time?

[confused..]

Get in touch with them and ask whether they have an unequivocal signed admission from you that you were the driver. If they haven't then provide them with one. After that begin work on your Exceptional Hardship argument. Losing your job is not exceptional. Work on telling the court why alternative employment is not an option and explain the consequences for you and others if you lose your job.

Thanks, i was going to seek legal assistance in such a case anyway, rather pay for a professional than risk it..

If you’re emigrating to Australia, do you really care about losing your licence in 4/5 months time?

Well i'm a sales manager for a medical devices firm so was really needing to drive over there too.. i will be looking for a similar role. under the impression if you lose you UK license you cant apply for a license there either.
sorry going slightly off topic.

Spoke to police btw and they admitted they should have sent out the conditional offer statement after the initial correspondance but forgot, sending it today..

[Jlc]

You can't accept a conditional offer if on 9 points.

[The Rookie]

If you swap to an Oz licence before your disqualified then the disqualification would only apply in the UK.

[southpaw82]

I’m no expert in Australian law but I don’t see why a ban in the UK would stop you from applying for a licence in Australia.

[confused..]

You can't accept a conditional offer if on 9 points.

Yes, am aware of this, it has to go to the magistrates. Hopefully perhaps common sense may prevail as over a 2 and half year period i have been caught within the 10% limit each time whilst averaging 45k miles pa.
wont hold my breath though..

I’m no expert in Australian law but I don’t see why a ban in the UK would stop you from applying for a licence in Australia.

I have enquired today to the relevant Oz authority whether i can apply for one whilst still in the UK. (and whilst i still have my license).

[Fredd]

over a 2 and half year period i have been caught within the 10% limit each time

I very much doubt that.

[NewJudge]

Hopefully perhaps common sense may prevail as over a 2 and half year period i have been caught within the 10% limit each time whilst averaging 45k miles pa.
wont hold my breath though..

You definitely should not hold your breath on that basis. You must be awarded the minimum of three points for this latest offence and the court has no discretion over that. When it comes to an Exceptional Hardship plea, the circumstances surrounding each individual offence are irrelevant. How "trivial" each of your offences were is not a consideration when deciding whether or not your plea is successful.

[The Rookie]

My maths must be getting rusty, 35 in a 30 I was sure wasn’t within 10% of the limit........

This post has been edited by The Rookie: Fri, 29 Nov 2019 - 19:11

[Fredd]

My maths must be getting rusty, 35 in a 30 I was sure wasn’t wishing 10% of the limit........

Or within, even. Whatever "autocorrect" you're using, it's shite.