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LF84
Hey guys/gals,

On 12/08/08 I was stopped driving a car without a full licence, mot or insurance - it was a car i'd been restoring (Mk1 Golf GTI) and wanted to have a quick drive before thinking about putting it in for an MOT - I wouldn't make a habbit out of driving without documents! To make it worse, i got stopped in my road! id only taken it out for 5 minutes, around the local roads!! unlucky, eh?
Anyway, at the time i was given a 200pound fine and 6 points on my provisional licence for driving without insurance, and the car was seized. (gutted!)

Fast forward a few months, just before Christmas, I passed my driving test! (Hi5!)

Now, half my lessons were paid for by a charity i volunteered for - once i passed my test they offered me a part-time job! smile.gif

I was over the moon to be working again, and to be honest, forgot all about this, until Friday, when i got a court summons throught the post!


Now, on the offences sheet, i've obviously got driving without a valid licence, and driving without an MOT certificated, but also failing to produce that certificate!? (that seems slightly unfair, as there is no certificate to produce??)

Also - i'm going to plead guily by post - and i see the section for mitigating circumstances, would mentioning the fact i've now got a licence, and need it for my job, and the fact I was only driving the car as a one-off an not just bombing arounnd uninsured daily make ny difference?

Have i got any change of avoiding 12 points (as i've already got 6 from the no insurance!)

I realise if i get any more points i'll have to re-take my test, but thats hardly the end of the world!

I just really want to avoid a ban, mainly due to the fact i'm loving earning a wage, and as my employeer paid towards my lessons i'd feel awful about that!!

Any help very much appreciated!
jobo
are You saying you got a fixed penalty notice for the insurance but now a summons has turned up for the no license mot/

No license is 3 points , mot non failing to produce non, im surprised you've not heard from the dvla for no tax

these three will get your license revoked under the new driver act rather than a ban

however as the offences were committed at the same time, you should only get the points for the most serious ie the no insurance which you all ready have

you will have to point this out to the mags, as they may miss it other wise, and give you the points
LF84
Thanks for the reply Jobo.

Yes i got a fixed penalty for the insurance. Can i say i've already had 6 points for this in the 'mitigating curcumstances' on the form, any advice on how to word that without coming across and an arrogant **** telling them how to do their job? tongue.gif

Argh! I'd not even thought about tax...am i likely to hear anything about that after 6 months? whats the likely penalty if i do?

quickboy
Is there any reason why all the offences were not dealt with at the same time? Would have made more sense surely.
LF84
Quickboy - no idea, i'm totally clueless about the whole thing myself to be quite honest!

When i was pulled over I was given the fixed penalty notice and had the car seized, then told the other offences would be reported for consideration, or something along those lines...
Glacier2
They should have not issued the FPN for the insurance and let the whole lot go to court.
jobo
i think it would be a good idea to go guilty and go along to explain the circumstances

im not convinced they even listen to the mitigation in a letter
nemo
QUOTE (jobo @ Sun, 15 Feb 2009 - 23:19) *
these three will get your license revoked under the new driver act rather than a ban

We have been advised that the alleged offence of driving otherwise than in accordance with a licence did not occur within the OP's probationary period.

If that is the case, then whilst the imposition of a fufther 3 penalty points would see the OP reach 9 in total, it should not result in revocation of their licence.
andy_foster
As the OP has already gotten 6 points for this 'occasion' I would argue (respectfully invite the court to consider) that as all the offences were committed on the same occasion, no further points should be awarded.
nemo
QUOTE (andy_foster @ Mon, 16 Feb 2009 - 08:43) *
As the OP has already gotten 6 points for this 'occasion' I would argue (respectfully invite the court to consider) that as all the offences were committed on the same occasion, no further points should be awarded.

I agree entirely, and would certainly be 'encouraging' the magistrates along that route.

And I would also hope that the court would regard acceptance of a FPN [for the insurance offence] as a 'conviction' in terms of satisfying the requirements of s.28(4) RTOA '88.

QUOTE (RTOA 1988)
(4) Where a person is convicted (whether on the same occasion or not) of two or more offences committed on the same occasion and involving obligatory endorsement, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).
LF84
Thanks for the replys guys - some very useful information indeed!

I'll certainly consider attending court (althought i'm sure i'd forget to put across some important information if i did - i'd feel much happier putting it in writing!) But you've deffinatly given me some hope of being able to keep my licence!

Thanks again, you've been a great help cool.gif
jobo
put it in writting as you would and then read it out
The Rookie
Make sure you take along anything that shows you accepted the FPN for no insurance (such as your licenec with the points on, receipts etc.

Simon
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