9 points - another 3?
Discussion
OK I got 3 points about 21 months ago for speeding on a motorway 91 in a 70.
Got 6 points 6 months ago for no insurance (Genuine mistake, I know...)
Just got a letter through the post saying i have been nipped 82 in a 60 temporary speed limit on a motorway. Dont remember such a thing, but if its on camera.... Choice is:
Pay 100gbp take 3 points fixed penalty
Go to court.
Dont want to lose the licence, is it worth going to court ? I do have an elderly mother who has COPD and needs ferrying about.
Stupid situation Iknow... will drive like a little old lady now for sure....
Advice please... thanks.
Got 6 points 6 months ago for no insurance (Genuine mistake, I know...)
Just got a letter through the post saying i have been nipped 82 in a 60 temporary speed limit on a motorway. Dont remember such a thing, but if its on camera.... Choice is:
Pay 100gbp take 3 points fixed penalty
Go to court.
Dont want to lose the licence, is it worth going to court ? I do have an elderly mother who has COPD and needs ferrying about.
Stupid situation Iknow... will drive like a little old lady now for sure....
Advice please... thanks.
Speak to a solicitor, not a load of (sometimes well meaning) random son the internet. You might have to spend a bit of money, but it could be argued if it saves a ban, it may be worth it (to you).
AGTLaw on here often gives good advice. http://www.counsel.direct
Not a recommendation from me, but other PHers have used him and seem happy. YMMV, etc. He deals with motoring cases so may well be worth contacting. Other legal advisers are available.
AGTLaw on here often gives good advice. http://www.counsel.direct
Not a recommendation from me, but other PHers have used him and seem happy. YMMV, etc. He deals with motoring cases so may well be worth contacting. Other legal advisers are available.
SmoothCriminal said:
If you are on 9 points I don't think you get the option for 3 points as that takes you to 12 which equals 6 months disqualification.
So court for you.
^^^This.So court for you.
Bear in mind you need to respond to the S172 which will accompany the NIP within the time allowed.
The process unit should see that the 3 points will take you to the 12 & not allow you to accept an FPN & will refer it for a court appearance.
You will need to show a court reasons why you shouldn't be disqualified so you need proper qualified legal advice as to your next steps.
Edited by paintman on Wednesday 2nd May 12:16
The offer letter is a one-size-fits-all thing that goes to everyone, it is not tailored to your circumstances.
Even if you elected to accept the fixed penalty, when it comes to processing it they would see you have 9 active points and reject it and issue you with a court summons instead.
There is a very remote chance they don't notice and simply return your licence with the additional 3 points endorsed, and you would have 12 points and not be banned (only a court can ban you). Given you don't really have much of a choice, this is what I would do, however be under no illusions that the chances of this happening are very, very slim.
Even if you elected to accept the fixed penalty, when it comes to processing it they would see you have 9 active points and reject it and issue you with a court summons instead.
There is a very remote chance they don't notice and simply return your licence with the additional 3 points endorsed, and you would have 12 points and not be banned (only a court can ban you). Given you don't really have much of a choice, this is what I would do, however be under no illusions that the chances of this happening are very, very slim.
Durzel said:
The offer letter is a one-size-fits-all thing that goes to everyone, it is not tailored to your circumstances.
Admittedly it was a long time ago (probably almost 20 years) but when I got caught for - alledgedly - doing 115mph on a dual carriageway (and already had 6 points), the letter I received only gave me the option of going to court. But maybe it's changed, or it was because the speed meant it would always be a court appearance and not dependent on how many points I had.J2daG1990 said:
davek_964 said:
Ah well - at least they didn't ban me 
Not yet....Ignore me thought you was the OP
ETA : My memory must be going as I get old. It was actually ~30 years ago, not ~20. I feel rather old now!
Edited by davek_964 on Wednesday 2nd May 14:18
Durzel said:
The offer letter is a one-size-fits-all thing that goes to everyone, it is not tailored to your circumstances.
Even if you elected to accept the fixed penalty, when it comes to processing it they would see you have 9 active points and reject it and issue you with a court summons instead.
There is a very remote chance they don't notice and simply return your licence with the additional 3 points endorsed, and you would have 12 points and not be banned (only a court can ban you). Given you don't really have much of a choice, this is what I would do, however be under no illusions that the chances of this happening are very, very slim.
Not necessarily, I was on nine points got sent a notice of speeding, however 6 were due to come off 2 weeks later, took the risk of sending of the acceptance of 3 points, they took the money and put the points on my licence dated just after the others expired, so it all depends on luck and when your points will expire, nothing to lose filling in the paperwork and see what happens. Even if you elected to accept the fixed penalty, when it comes to processing it they would see you have 9 active points and reject it and issue you with a court summons instead.
There is a very remote chance they don't notice and simply return your licence with the additional 3 points endorsed, and you would have 12 points and not be banned (only a court can ban you). Given you don't really have much of a choice, this is what I would do, however be under no illusions that the chances of this happening are very, very slim.
kING SLOW DOWN IF YOU’RE ON 9 POINTS YOU TUBEKAgantua said:
OK I got 3 points about 21 months ago for speeding on a motorway 91 in a 70.
Got 6 points 6 months ago for no insurance (Genuine mistake, I know...)
Just got a letter through the post saying i have been nipped 82 in a 60 temporary speed limit on a motorway. Dont remember such a thing, but if its on camera.... Choice is:
Pay 100gbp take 3 points fixed penalty
Go to court.
Dont want to lose the licence, is it worth going to court ? I do have an elderly mother who has COPD and needs ferrying about.
Stupid situation Iknow... will drive like a little old lady now for sure....
Advice please... thanks.
It was a few years ago now but was on 6 points and should’ve got 6 more for a speeding oven W but was offered no points, big fine and 14 day ban.Got 6 points 6 months ago for no insurance (Genuine mistake, I know...)
Just got a letter through the post saying i have been nipped 82 in a 60 temporary speed limit on a motorway. Dont remember such a thing, but if its on camera.... Choice is:
Pay 100gbp take 3 points fixed penalty
Go to court.
Dont want to lose the licence, is it worth going to court ? I do have an elderly mother who has COPD and needs ferrying about.
Stupid situation Iknow... will drive like a little old lady now for sure....
Advice please... thanks.
Why? Turned up to court, very similar circumstances as OP, but Father. Proved with paperwork and nurse/witness statements that i genuinely needed license to assist Father daily driving him about to hospital etc and had done so daily for 12 months and needed to continue to do so. No one else available etc...and I lived 1hr away also by car
Prior to my case I watched 10 other mitigating circumstance pleas fail/not accepted as were stuff like girlfriend lives 1 hr away, can’t get the bus to work etc...
I said my piece, Magistrates retired for 5 mins, returned and offered me 6 points and thus a 6 month ban on totting up, or 14 day ban, no points and a big fine.
Took the later, but this was 10 years ago...
Good luck and don’t embellish, keep it factual and tell them all the facts. It should be how the ban affects others, NOT your hardship.
7795 said:
It was a few years ago now but was on 6 points and should’ve got 6 more for a speeding oven W but was offered no points, big fine and 14 day ban.
Why? Turned up to court, very similar circumstances as OP, but Father. Proved with paperwork and nurse/witness statements that i genuinely needed license to assist Father daily driving him about to hospital etc and had done so daily for 12 months and needed to continue to do so. No one else available etc...and I lived 1hr away also by car
Prior to my case I watched 10 other mitigating circumstance pleas fail/not accepted as were stuff like girlfriend lives 1 hr away, can’t get the bus to work etc...
I said my piece, Magistrates retired for 5 mins, returned and offered me 6 points and thus a 6 month ban on totting up, or 14 day ban, no points and a big fine.
Took the later, but this was 10 years ago...
Good luck and don’t embellish, keep it factual and tell them all the facts. It should be how the ban affects others, NOT your hardship.
Not sure you will get that lucky now, Mag's guidlines are not to issue short bans and fines (even if the offence would normally attact one) in cases where totting is on the cards, but you never know.Why? Turned up to court, very similar circumstances as OP, but Father. Proved with paperwork and nurse/witness statements that i genuinely needed license to assist Father daily driving him about to hospital etc and had done so daily for 12 months and needed to continue to do so. No one else available etc...and I lived 1hr away also by car
Prior to my case I watched 10 other mitigating circumstance pleas fail/not accepted as were stuff like girlfriend lives 1 hr away, can’t get the bus to work etc...
I said my piece, Magistrates retired for 5 mins, returned and offered me 6 points and thus a 6 month ban on totting up, or 14 day ban, no points and a big fine.
Took the later, but this was 10 years ago...
Good luck and don’t embellish, keep it factual and tell them all the facts. It should be how the ban affects others, NOT your hardship.
Shame the OP is only in 3 point territory, no chance of a short ban happening anyway.
OP I would go suited and booted with an exceptional hardship plea (plenty of info on pepipoo) Personally I would not bother with a brief, (save the money for taxis if it goes tits up) you can do just as good job yourself. Bear in mind you need to be truthfull, but focus on what effect a ban would have on your dependents, your Mother for example, not yourself. Causing hardship for you is what the punisnment is for.
7795 said:
KAgantua said:
OK I got 3 points about 21 months ago for speeding on a motorway 91 in a 70.
Got 6 points 6 months ago for no insurance (Genuine mistake, I know...)
Just got a letter through the post saying i have been nipped 82 in a 60 temporary speed limit on a motorway. Dont remember such a thing, but if its on camera.... Choice is:
Pay 100gbp take 3 points fixed penalty
Go to court.
Dont want to lose the licence, is it worth going to court ? I do have an elderly mother who has COPD and needs ferrying about.
Stupid situation Iknow... will drive like a little old lady now for sure....
Advice please... thanks.
It was a few years ago now but was on 6 points and should’ve got 6 more for a speeding oven W but was offered no points, big fine and 14 day ban.Got 6 points 6 months ago for no insurance (Genuine mistake, I know...)
Just got a letter through the post saying i have been nipped 82 in a 60 temporary speed limit on a motorway. Dont remember such a thing, but if its on camera.... Choice is:
Pay 100gbp take 3 points fixed penalty
Go to court.
Dont want to lose the licence, is it worth going to court ? I do have an elderly mother who has COPD and needs ferrying about.
Stupid situation Iknow... will drive like a little old lady now for sure....
Advice please... thanks.
Why? Turned up to court, very similar circumstances as OP, but Father. Proved with paperwork and nurse/witness statements that i genuinely needed license to assist Father daily driving him about to hospital etc and had done so daily for 12 months and needed to continue to do so. No one else available etc...and I lived 1hr away also by car
Prior to my case I watched 10 other mitigating circumstance pleas fail/not accepted as were stuff like girlfriend lives 1 hr away, can’t get the bus to work etc...
I said my piece, Magistrates retired for 5 mins, returned and offered me 6 points and thus a 6 month ban on totting up, or 14 day ban, no points and a big fine.
Took the later, but this was 10 years ago...
Good luck and don’t embellish, keep it factual and tell them all the facts. It should be how the ban affects others, NOT your hardship.
I was on 3 points and got caught doing 104 on a 70 motorway (clear saturday morning, blowing out the cobwebs before taking car for service).
Straight to court for me. Court made it obvious to me I was facing a short ban.
Due to the nature of my work at that time, public transport was clearly not an option - i worked all over the UK in remote areas, often driving 2 or more hours at the end of each day to get to the next location for work.
The court asked every conceivable question on why I couldnt get public transport, could I employ someone to drive me around, what would happen if I did get banned with my job, how long it take until I found another role, what does my wife do for work, can she work more hours, can she get a better paid job, can she get a second job etc.
Then when I had finished the grilling, the court said, now you have explained your hardship plee on why we shouldnt ban you, can you give your 'exceptional hardship plee'. FFS, that was exceptional hardship plee!!
Luckily, I had all questions covered and didnt embelish, anything I said, if needed could be proved.
If you do have genuine reasons not to face a ban, sometimes representing yourself can help - they can see the fear in your eyes and that can mean alot. I will say though, expect to be asked, why, when you are already on 9 points, are you not driving like Miss Daisy.
Have a read of the forums at Pepipoo, lots of similar threads on there, may give some idea on what to expect.
Straight to court for me. Court made it obvious to me I was facing a short ban.
Due to the nature of my work at that time, public transport was clearly not an option - i worked all over the UK in remote areas, often driving 2 or more hours at the end of each day to get to the next location for work.
The court asked every conceivable question on why I couldnt get public transport, could I employ someone to drive me around, what would happen if I did get banned with my job, how long it take until I found another role, what does my wife do for work, can she work more hours, can she get a better paid job, can she get a second job etc.
Then when I had finished the grilling, the court said, now you have explained your hardship plee on why we shouldnt ban you, can you give your 'exceptional hardship plee'. FFS, that was exceptional hardship plee!!
Luckily, I had all questions covered and didnt embelish, anything I said, if needed could be proved.
If you do have genuine reasons not to face a ban, sometimes representing yourself can help - they can see the fear in your eyes and that can mean alot. I will say though, expect to be asked, why, when you are already on 9 points, are you not driving like Miss Daisy.
Have a read of the forums at Pepipoo, lots of similar threads on there, may give some idea on what to expect.
kestral said:
7795 said:
KAgantua said:
OK I got 3 points about 21 months ago for speeding on a motorway 91 in a 70.
Got 6 points 6 months ago for no insurance (Genuine mistake, I know...)
Just got a letter through the post saying i have been nipped 82 in a 60 temporary speed limit on a motorway. Dont remember such a thing, but if its on camera.... Choice is:
Pay 100gbp take 3 points fixed penalty
Go to court.
Dont want to lose the licence, is it worth going to court ? I do have an elderly mother who has COPD and needs ferrying about.
Stupid situation Iknow... will drive like a little old lady now for sure....
Advice please... thanks.
It was a few years ago now but was on 6 points and should’ve got 6 more for a speeding oven W but was offered no points, big fine and 14 day ban.Got 6 points 6 months ago for no insurance (Genuine mistake, I know...)
Just got a letter through the post saying i have been nipped 82 in a 60 temporary speed limit on a motorway. Dont remember such a thing, but if its on camera.... Choice is:
Pay 100gbp take 3 points fixed penalty
Go to court.
Dont want to lose the licence, is it worth going to court ? I do have an elderly mother who has COPD and needs ferrying about.
Stupid situation Iknow... will drive like a little old lady now for sure....
Advice please... thanks.
Why? Turned up to court, very similar circumstances as OP, but Father. Proved with paperwork and nurse/witness statements that i genuinely needed license to assist Father daily driving him about to hospital etc and had done so daily for 12 months and needed to continue to do so. No one else available etc...and I lived 1hr away also by car
Prior to my case I watched 10 other mitigating circumstance pleas fail/not accepted as were stuff like girlfriend lives 1 hr away, can’t get the bus to work etc...
I said my piece, Magistrates retired for 5 mins, returned and offered me 6 points and thus a 6-month ban on totting up, or 14-day ban, no points and a big fine.
Took the later, but this was 10 years ago...
Good luck and don’t embellish, keep it factual and tell them all the facts. It should be how the ban affects others, NOT your hardship.
It happened just as I said it but it really was not a choice for me; it was an easy decision to make.
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