Help - Search - Members - Calendar
Full Version: 12 points
FightBack Forums > Queries > Speeding and other Criminal Offences
Hootza
Just been given 6 points and £600 fine for failing to identify the driver and now have the endorsement request telling me to send in my licence.
What I didnt realise was that this now takes me to 12 points when it is endorsed.
Do I have any options that may help me?
1. What happens if I dont send in the licence. the oldest 3 points on my counterpart run out in April after 3 years.
2. If I say I have lost my counterpart what will happen? I guess they keep the points records on a computer and dont rely on the paper counterpart to see if I have reached 12 points.
3. Can I appeal against the 6 points? I am likely to lose my job and livelyhood if this happens so I would have thought I would be given the opportunity at some point to plead for a shorter ban etc?
4. If I send my licence in will I simply get a letter saying I am banned for 6 months or does another process kick in?

Please help!
mpoker84
theres a chance you could get lucky like i did....
As the court gave me 6 points and a fine in my absence, they also sent through an endorsement request.

After speaking to my solicitor, they said send it back and hope they just put the points on, which is what they did.
Once i received it back, i contacted the DVLA, to confirm my licence was in fact still valid - which it was.

So 12 points and still driving..... just!

Not saying this is the right/wrong way to deal with it - but that was my experience!
peterguk
QUOTE (Hootza @ Thu, 3 Mar 2011 - 09:45) *
Can I appeal against the 6 points?


That would depend on the circumstances. You'll have to tell us the full story. I'll go put the kettle on.....
Hootza
That possibility did cross my mind - seems a very old fashioned process to hand write the points onto a paper counterpart.

Anyway I just called a motor lawyer and they advised me that the totting up points run from offence date rather than conviction date so I am actually in the clear by 2 months!

Celebrating tonight as I fully expected to be jumping off a railway bridge!!!
Hootza
Also just received this from another source which may explain why you have 12 points and are still driving.

"The DVLA cannot impose a ban. If you forward your licence to the DVLA it should be returned with the points imposed and that will be the end of the matter. On that basis you should not face a ban.
At worst the case will be returned to Court in which circumstances you will be given an option to plead exceptional hardship to avoid a ban."

Is this common knowledge? Seems I went through hell mentally over the last week for no reason and would like to prevent others thinking the same.
Aretnap
Most people have never been banned from driving and have no particular reason to find out how these things work so it's probably not common knowledge, but your contact is right - a totting ban is imposed by the court, not the DVLA, and if the court forgets to do it the DVLA has no power to correct the error. There is potential for confusion with the procedure where new drivers licenses are revoked when they get 6 points - this is done by the DVLA and not the courts, but is a different procedure from a totting ban.

If you let us know more about the circumstances of the conviction we can tell you if you have any grounds to appeal or overturn it - if not you'll have to drive very carefully until tho next set of points fall off your license, and you night be in for a nasty shock when your insurance comes up for renewal.
Hootza
By most people I meant those who look at this website. just wanted to prevent the unnescesary anguish I went through. it is also stated on many web forums that the date of conviction is used when totting up points, which I understand now is not correct.

Regarding the conviction with 6 points I pleaded guilty by post so doubt I can turn it over. It was for failing to provide S172 and is my understanding 6 points is the norm.

If there were anyway I could appeal to get the fine of £675 reduced i would be interested.
Aretnap
The fine is means tested and with an early guilty plea should be around equal to your weekly take home pay (plus perhaps £85 costs and £15 victim surcharge). If it was a lot more than this you may have grounds for appealing it. The 6 points are more or less automatic. The magistrates have the option of banning you instead of awarding 6, though this rarely if ever happens.
roadrunner 163
the date of offence is common knowledge as many have tried to delay the process to avoid bans which does not (normally) work.
the disqualification is also common knowledge here as being the responsibility of the courts. I personally know of a bloke with 16 points who go caught speeding, went to court and got 3 points and £60 fine for 55 in a 30. The Magistrates and CPS completely forgot about banning him. DVLA returned the licence with 19 points on.

however I would never bet on them odds. its not that frequent an occurrence!

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.