Help - Search - Members - Calendar
Full Version: Young Driver Needing advice
FightBack Forums > Queries > Speeding and other Criminal Offences
jakejake2510
Hi readers,

I have been driving 15 months (within the 2 year - 6 point limit, rather than 12)
No points or previous offences of any kind, no accidents.

I recently got caught speeding in an average speed check area on the way to uni, 3 times in one bank holiday weekend.
Location(as on letter) : A1139 Fletton Parkway, Eastbound, Peterborough, Cambridgeshire, UNITED KINGDOM
(Thursday 27th, Friday 28th , Monday 2nd)
The recorded speeds were 69, 69 and 71. All in 70 zone / Same road (2 ticket in 1 car, 1 ticket in another)
I am registered keeper of both vehicles

I had the letters through from Cambridgeshire constabulary(within 14 days of offence) asking to either admit the offence, or tell them it wasn't me.
I admitted for all 3 tickets.

Yesterday, i had 3 letters through, all stating options i can take relating to the offences
The first states i can take a driver awareness course, which i imagine will be my best option; eliminating 3 points.

The second and third letters give me the option to take a fixed 3 point penalty and £100 fine, or Request a court hearing.
If i was to take penalty for both remaining offences, this would result in 6 points, meaning i would supposedly loose my licence.

I am expecting to have to go to court, however with no previous experience in the matter i am looking for advice on how to move further in my situation.

Would people agree that my best option is to book a course, and then respond to the other letters..
and if i do so, shall i respond to one letter requesting a court hearing and the other accepting penalty, or both requesting a hearing?


also, in terms of going to court, from what i hear i can defend myself as apposed to hiring a solicitor (cant afford)
would this be recommended as i can build a case seeing as i need my licence for my studies and part time job (full time over summer)?
Any additional advice/recommendations would be greatly appreciated.

Apologies if these questions sound silly /lengthy post, and thanks in advance for any input into this thread.
Jake
peterguk
69 in a 70?

What vehicle were you driving?
Jlc
Your licence would be revoked under the New Drivers Act when reaching 6 points within the first 2 years of passing your test.

The revocation is 'automatic' and the DVLA will write to you when it happens.

If you have 1 SAC and 2 CoFP's then I not convinced opting for court will necessarily be the best move. At court the minimum amount of points per offence is 3 and you will end up with a larger bill (with costs/surcharge). Unless you have an actual defence - which doesn't seem apparent at the moment then biting the bullet with the 2 CoFP's seems the best of the worst options.

The court do have the power to sentence short bans but their guidance is not to circumvent the New Drivers Act but they could deviate if they felt compelled. (And ban's would normally apply to higher excesses not covered by CoFP's)

From the guidance:
QUOTE
New drivers
24. Drivers who incur six points or more during the two-year probationary period after passing the
driving test will have their licence revoked automatically by the Secretary of State; they will be able to
drive only after application for a provisional licence pending the passing of a further test.
25. An offender liable for an endorsement which will cause the licence to be revoked under the new
drivers’ provisions may ask the court to disqualify rather than impose points. This will avoid the requirement
to take a further test. Generally, this would be inappropriate since it would circumvent the clear intention
of Parliament.


I presume you were caught in the 60 zone? One presumes the signage is ok - did you simply 'ignore' the limit?

You can ask the constabulary whether they would consider retracting one of the tickets given that the offences were all committed before you had the first notification (to regulate your speed). It's a long shot though but they are 'low end' offences, enforcement normally starts at 68mph.

At court their hands are fairly tied as there is no process for considering the impact after hitting revocation, unlike an 'exceptional hardship' plea for totting. However, you do have to reapply for a provisional licence and will have to repass your test and likely take the insurance impact to continue driving. If you are so determined, then opting for court for just one of the offences offers a chance but the odds are stacked against you.

QUOTE (peterguk @ Thu, 19 May 2016 - 14:39) *
69 in a 70?

See the link above - it appears to be dual carriageway (70 for cars) but with a 60 posted section.
jakejake2510
QUOTE (peterguk @ Thu, 19 May 2016 - 14:39) *
69 in a 70?

What vehicle were you driving?



Sorry typo, all in 60MPH limit
The Rookie
You should have taken advice before first replying really, that was the best time to respond with all three at once asking for some clemency.

Your best bet now is to send the two fixed penalties back together along with a begging letter referring to the awareness course and asking for clemency, but you have somewhat already painted yourself into a corner.
jakejake2510
QUOTE (Jlc @ Thu, 19 May 2016 - 14:50) *
Your licence would be revoked under the New Drivers Act when reaching 6 points within the first 2 years of passing your test.

The revocation is 'automatic' and the DVLA will write to you when it happens.

If you have 1 SAC and 2 CoFP's then I not convinced opting for court will necessarily be the best move. At court the minimum amount of points per offence is 3 and you will end up with a larger bill (with costs/surcharge). Unless you have an actual defence - which doesn't seem apparent at the moment then biting the bullet with the 2 CoFP's seems the best of the worst options.

The court do have the power to sentence short bans but their guidance is not to circumvent the New Drivers Act but they could deviate if they felt compelled. (And ban's would normally apply to higher excesses not covered by CoFP's)

From the guidance:
QUOTE
New drivers
24. Drivers who incur six points or more during the two-year probationary period after passing the
driving test will have their licence revoked automatically by the Secretary of State; they will be able to
drive only after application for a provisional licence pending the passing of a further test.
25. An offender liable for an endorsement which will cause the licence to be revoked under the new
drivers’ provisions may ask the court to disqualify rather than impose points. This will avoid the requirement
to take a further test. Generally, this would be inappropriate since it would circumvent the clear intention
of Parliament.


I presume you were caught in the 60 zone? One presumes the signage is ok - did you simply 'ignore' the limit?

You can ask the constabulary whether they would consider retracting one of the tickets given that the offences were all committed before you had the first notification (to regulate your speed). It's a long shot though but they are 'low end' offences, enforcement normally starts at 68mph.

At court their hands are fairly tied as there is no formal process for considering the impact, unlike an 'exceptional hardship' plea for totting. However, you do have to reapply for a provisional licence and will have to repass your test and take the insurance impact to continue driving.


QUOTE (peterguk @ Thu, 19 May 2016 - 14:39) *
69 in a 70?

See the link above - it appears to be dual carriageway (70 for cars) but with a 60 posted section.




Thanks for the reply & info..

typo - 60mph zone not 70,

From what some people had told me, if i requested to go to court, maybe it would be possible for me to be given 5 points (and complete 1 SAC) for the offences,
meaning i would keep my licence but be on my last warning. (similar outcomes in a couple of stories i have been told from friends)
I remember people this was part of claiming "extenuating circumstances"

I see what you mean about biting the bullet, so i would have to retake both Theory and Practical tests again as part of revocation.
This doesn't seem too bad, however putting me out of work for however long that takes is a scary thought seeing as i have no other way of getting to the location
no viable public transport route / 30 mins away in car.

I was ignoring the speed limit, even though its stupid and wrong, i had got used to going 70 without any speed tickets coming through.
The idea of asking for one ticket to be retracted is a good idea, and something i will look into

i will look at the link and Thanks again for your response

Jlc
For 'single' 6 point offences then we have seen 5 points awarded. But the trouble is the minimum 3 points per offence unless they ban or there are special reasons not to endorse - which seems unlikely.
jakejake2510
QUOTE (The Rookie @ Thu, 19 May 2016 - 14:58) *
You should have taken advice before first replying really, that was the best time to respond with all three at once asking for some clemency.

Your best bet now is to send the two fixed penalties back together along with a begging letter referring to the awareness course and asking for clemency, but you have somewhat already painted yourself into a corner.


I now know from looking at info from this site, i should have looked for advice before sending the first set of letters back.

Thanks for advice
jakejake2510
QUOTE (Jlc @ Thu, 19 May 2016 - 15:16) *
For 'single' 6 point offences then we have seen 5 points awarded. But the trouble is the minimum 3 points per offence unless they ban or there are special reasons not to endorse - which seems unlikely.


I have read that it could be possible for the points to be replaces by a short term ban instead?

it looks like my options are either to
contact the constabulary as you mentioned, if no luck

go to court (if a ban/fine outcome is possible?)
or
take the 6 points and get license revoked. (would loose major earnings at work)
Jlc
QUOTE (jakejake2510 @ Thu, 19 May 2016 - 15:30) *
I have read that it could be possible for the points to be replaces by a short term ban instead?

Yes, I covered that in detail above. (I edited my post a little since you quoted it too)

To be honest you are going to struggle to avoid revocation but you may find an extremely sympathetic bench if you are prepared to gamble a bit of cash on it.
jakejake2510
QUOTE (Jlc @ Thu, 19 May 2016 - 15:46) *
QUOTE (jakejake2510 @ Thu, 19 May 2016 - 15:30) *
I have read that it could be possible for the points to be replaces by a short term ban instead?

Yes, I covered that in detail above. (I edited my post a little since you quoted it too)

To be honest you are going to struggle to avoid revocation but you may find an extremely sympathetic bench if you are prepared to gamble a bit of cash on it.


Ok thanks, I appreciate your help.
smile.gif
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.