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Mr Shaka
Hello all I am a newbie who is seeking help / advice on this situation !

I was contacted today Feb 5th by my manager who informs me that there is a notice of prosecution for the driver of the company van (me) he said the letter is asking for the name of the person who drives the van which he put down has me and returned today. Thing is, it says it's for 3 separate auto detections 1st one dated 27th Nov '08, one on 18th Dec '08 and 3rd one 9th Jan '09 ! 2 were for driving at 38mph and one for 40mph, in a 30 zone, the reason why I have been notified so late is that the letters were going to the companies old premises and therefore only known when someone from the old office dropped them off yesterday.

I am wondering if best to employ a solicitor as I am currently on 6 points also I think I have a case for exceptional hardship has my wife is unable to work and we have an 8 month old baby plus my job is transporting young people from home to school.

Thanks in advance
Yes get a solicitor quickly! Your manager didnt do you any favours either, most companies write back with a long list of employees who had access to the vehicle on that day and the case goes no further.
QUOTE (Mr Shaka @ Thu, 5 Feb 2009 - 17:06) *
my job is transporting young people from home to school.

That will not be a good thing for mitigation; they don't want you criminals who occasionaly accidently drift over the speed limit transporting kids- seriously though- they will not go easy on you IMO if you were speeding whilst trasnsporting these young people
The Rookie
Don't get a solicitor now, that will cost a lot for no real benefit versus retaining him later, get the NIPs' first, request photo's and go from there, you do not need a solicitor for exceptional hardship plea, there is plenty of info here, I would almost suspect JPM1 of being a 'camera chaser' as he nearly always says advocates using a solicitor!

Actually Simon I think you'd be unpleasently surprised by who and what I am!

Camera chaser!!
Mr Shaka
Hi folks

Am just wondering if it is necessary to employ a solicitor to plead exceptional hardship as I have heard that one needs to cover specific technicalities in order that a court accepts this plea, I would be very grateful if anyone can advise and does anyone know what should be covered when addressing the court in order to avoid a ban
Thanks in advance
it depends on your ability to get your point across solicitor will cost you about 500 quid for one court apperance

the argument needs to be based on hardship to others rather than your self

wife, children , granny, mother, other employees charity work you do ?

then can either not ban you or ban you for a shorter time
QUOTE (JPM1 @ Fri, 6 Feb 2009 - 09:37) *
Actually Simon I think you'd be unpleasently surprised by who and what I am!

Camera chaser!!

Well, don't leave us in suspense!! Who and what are you?
Simon knows! smile.gif
The Rookie
......a bit....

Mr Shaka - A solicitor will cost, as has been said, at least £500, there is little/no benefit employing a solicitor until its actually going to court, so even if you retain one then, you loose nothing and save some money.

Avoiding a totting ban is all about excess hardship, any mitigation relating to the incidents that got you the points is irrelevant (so even if they were all for 35 in a 30 at 3am, it wouldn't help!), so you need to show how the hardship caused would be 'excessive' comapred to anyone else, be prepared to answer Q's like 'why can't you take the bus' (or why can't dependants take the bus) and so on.

Mr Shaka
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - November 2008
Date of the NIP: - 81 days after the offence
Date you received the NIP: - 82 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Bishport Avenue, Hartcliffe, Bristol
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - It is the company's
How many current points do you have? - 3
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Was notified by company that they had received NIP for work van they told me this on Feb 5th and said there were 3 speeding tickets dated 27/11/08, 18/12/08 and 09/01/09 the manager told me reason why they received this late is because they initially went to the company's old address !? I have now received all 3 tickets and see that the issue date has been updated to 16/02/09 !

Firstly I am unsure if I was driving the van at the time am I write in now requesting photographic evidence !?

The first ticket white one and 40mph in a 30 - Manual detection

2nd is green 38mph in a 30 - Manual detection

3rd is green and 38mph in a 30 - Auto detection

would be grateful for your advice !!

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Wed, 18 Feb 2009 09:39:36 +0000
IIRC A&S use different coloured NIPs depending on whether the alleged speed is within their threshold for a speed awareness course - so you are probably eligible for a course for one of the 38s.

The issue dates on your NIPs are the dates that your NIPs were issued, not the date the original NIPs were issued, or the date of the Queen's coronation for that matter.

What is your relationship to the van, and why are you unsure whether you were driving?
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