9 Points on license & now caught by speed camera, what ban?

[Sheepshanks]

gadgetmac said:

LoonR1 said:

gadgetmac said:

Strangely there are no T&C's that mention anything relating to you becomming eligable for a ban should the 3 points bring you up to 12 points. I find that odd but have read all of the small print on the 2 sheets of paper that I received and that is indeed the case.

Read what agtlaw said, he's the guy you should be paying for advice on this, not pissing about on t'interweb. They'll just send your cheque back.

Thats a fair point but I think I'll try the dual track approach by also hanging onto this post (out of sheer desperation) as well

A205GTI said:

I had this issue, 2 weeks away from 3 points coming off got caught worried about the potential totting up as I was on 9.

sent license of, came back with 3 points on, so you may get away with it.

As said earlier, if it's as written then that seems to be a clerical error. What makes it more unlikely in your case is that you're still 4 weeks away from the points dropping off - he was only 2 so could return the form after the points had gone increasing the chance that it wouldn't be noticed.

[agtlaw]

This is the response letter, copied verbatim from two on my desk:

"Re: ... Cheque - Ref 0000XX

I acknowledge receipt of the above item(s) for your fixed penalty which I return herewith.

A further endorsement of 03 penalty points makes you liable for disqualification through the 'totting up' process. This can no longer be dealt with at fixed penalty stage and [Force Area] Police will contact you in due course.

...

Yours faithfully,

Regional Fixed Penalty Office"

Edited by agtlaw on Wednesday 1st July 21:35

[gadgetmac]

Thanks agtlaw but this is getting a little weird, I'll explain.

3 points drop off my licence on 11th July.

I have until 24th July to accept the offer and submit my licence by recorded post and pay the fine (online).

The notice clearly states:

If you choose to accept this fixed penalty all other options are automatically withdrawn and CANNOT be reinstated.

(The 'cannot' in uppercase is their typing not me emphasising it)

[gadgetmac]

yeah, I'm grasping

[agtlaw]

If you choose to accept this fixed penalty all other options are automatically withdrawn and CANNOT be reinstated.

I.e. a speed awareness course or your election to go to court.

If what you've written is correct then you're not eligible for a fixed penalty. Nothwithstanding, I would usually advise clients to attempt to accept the fixed penalty offer - subject to some other considerations. e.g. more than one pending, etc, etc.

If the payment is online then don't be surprised if they take it but later refund it.

[Sheepshanks]

gadgetmac said:

If you choose to accept this fixed penalty all other options are automatically withdrawn and CANNOT be reinstated.

Seems clear cut to me. Go for it!

(Unless there's some additional wording that says you shouldn't choose to accept their offer if....).

[V8LM]

gadgetmac said:

Coincidently I'm actually 4 weeks away from 3 points dropping off (if its 3 year stints)

Isn't it date of offence, not conviction, that counts?

[Cooperman]

If the letter had said '....all YOUR other options........' it might mean that THEIR other options are still open, but surely the meaning is clear and is not just 'one way'. If all other options are no longer available that should mean to either side. This could be argued if they returned the payment and when you appeared in court, or with the CPS prior to that.

[Jonsv8]

Or are the two things mutually exclusive... Here's three points...


We see you have 12 points... Give us your licence...

I don't think it works this way.

[esxste]

Isn't it the case that the points are given by the police/courts, who instruct DVLA to add the points to your license. If while doing so, they see you now have a total of 12, they revoke your license?

Edited by esxste on Thursday 2nd July 09:42

[Sheepshanks]

gadgetmac said:

Coincidently I'm actually 4 weeks away from 3 points dropping off (if its 3 year stints)

They always used to stay on for another year anyway even if you got a replacement licence - I guess to avoid this sort of thing happening in error.

[SS2.]

esxste said:

Isn't it the case that the points are given by the police/courts, who instruct DVLA to add the points to your license. If while doing so, they see you now have a total of 12, they revoke your license?

Short answer, no.

[SS2.]

A205GTI said:

I had this issue, 2 weeks away from 3 points coming off got caught worried about the potential totting up as I was on 9.

sent license of, came back with 3 points on, so you may get away with it.

For totting, points are valid for 3 years but they must remain on your licence for 4.

If your licence was returned with points removed, then those points wouldn't have counted for totting.

[gadgetmac]

Stunning News

I got my licence back today and no ban! I'm astonished.

I've just been onto the DVLA's Licence Check website and it's confirmed.

Below is the screen display when I input my details and as you can see I'm on 9 points BUT if you look at the dates of the offences they are all (just) within 3 years and so the 12 points means I surely should have suffered some kind of ban?

Picture removed - see page 8 for details

Note: The bottom entry of the 3 is only showing 'Expired' as it has indeed expired as at today (27/07/15).

Well I'm not going to look a gift horse in the mouth and whilst I undoubtedly deserved some kind of ban I'm happy to avoid it. Thanks for all of your input on this. It looks like I've joined A205GTI in not receiving a ban and perhaps it's due to the wording on their conditional offer that they find that they can't ban me as I've accepted the offer. I dunno.

Edited by gadgetmac on Wednesday 5th August 10:05

[Pdelamare]

You lucky bd.

Are you going to be more observant for speed cameras now?

[gadgetmac]

Pdelamare said:

You lucky bd.

Are you going to be more observant for speed cameras now?

I always try to be.

[gadgetmac]

agtlaw said:

This is the response letter, copied verbatim from two on my desk:

"Re: ... Cheque - Ref 0000XX

I acknowledge receipt of the above item(s) for your fixed penalty which I return herewith.

A further endorsement of 03 penalty points makes you liable for disqualification through the 'totting up' process. This can no longer be dealt with at fixed penalty stage and [Force Area] Police will contact you in due course.

...

Yours faithfully,

Regional Fixed Penalty Office"

Edited by agtlaw on Wednesday 1st July 21:35

Strange that I didn't get one of these.

[Exige77]

Good news.

Keep'em peeled

[Sheepshanks]

gadgetmac said:

Strange that I didn't get one of these.

I know you can't help yourself - not having a go, I'm sure I'd be the same - but I think this is one of those things that you ought to keep quiet about.

[Tom_C76]

As has been said several times in this thread, it's date of offence, and that includes expiry of the old points. The oldest 3 expired on the 10th. That's two days before you got caught again.