Totting Up Ban - how long?
Discussion
I am currently on 9 points, 3 are due to expire this month but last month I foolishly followed a bus through a red light... there was an unmarked car behind me 
I was told I would be prosecuted, but instead of an NIP, it was a Conditional offer of Fixed Penalty... I have read online if you don't accept the CoFP you can pay (or suffer) more at Court, but the CoFP shortens the process, and you don't pay victim surcharge etc.
It told me to send in my photocard licence which I did, but I guess I have lost my day in court to explain I need my licence for work... (could get something in another department perhaps, but it might be hard). With 3 active points expiring within a week, will it still be Totting Up, if so, what's the length of the ban? Is it 6 months like Beckham, or can it be 2 weeks or does it depend?
Do they write to you and let you know what happens next? I would have thought as everything is electronic they wouldn't need the photocard, or is that sent back, or do you have to apply for a new one?
Answers on a postcard please
I was told I would be prosecuted, but instead of an NIP, it was a Conditional offer of Fixed Penalty... I have read online if you don't accept the CoFP you can pay (or suffer) more at Court, but the CoFP shortens the process, and you don't pay victim surcharge etc.It told me to send in my photocard licence which I did, but I guess I have lost my day in court to explain I need my licence for work... (could get something in another department perhaps, but it might be hard). With 3 active points expiring within a week, will it still be Totting Up, if so, what's the length of the ban? Is it 6 months like Beckham, or can it be 2 weeks or does it depend?
Do they write to you and let you know what happens next? I would have thought as everything is electronic they wouldn't need the photocard, or is that sent back, or do you have to apply for a new one?
Answers on a postcard please
Phil Dicky said:
Exige77 said:
I don’t think you will be banned by post.
If it’s possibly you could be banned under totting up, you will be summoned to court and the mags will review the case and decide.
This is how it happened for me, and how I understand it always work.If it’s possibly you could be banned under totting up, you will be summoned to court and the mags will review the case and decide.
- goes to shed and dusts down bike*
Edited by The Li-ion King on Sunday 9th June 07:50
Edited by The Li-ion King on Sunday 9th June 07:55
One of our delivery drivers has just been to court for totting up. The court banned him for 6 months despite his pleas of hardship (being the only one earning in his household) and needing his licence to ferry his disabled father to hospital etc. The company have kept his job open for him and at least his licence will be clean again when he gets it back.
scorcher said:
One of our delivery drivers has just been to court for totting up. The court banned him for 6 months despite his pleas of hardship (being the only one earning in his household) and needing his licence to ferry his disabled father to hospital etc. The company have kept his job open for him and at least his licence will be clean again when he gets it back.
I hope I am lucky enough for the active points to be down to six, by the time it goes to court. I am in the same position but might be able to continue in a site role depending on what happens next. I have a car on finance and bills to pay so things will get tricky if work ends because of this Drivers who accumulate 12 or more penalty points within a 3 year period are liable to a mandatory disqualification for a minimum period of 6 months. The offence dates are relevant. For the purposes of the relevant legislation, none of your points “expire” later this month.
You are not eligible for a fixed penalty. If you attempt to pay a £100 fixed penalty then the money will be refunded to you.
Your licence will also be returned to you in any event. They sometimes send a letter informing you that court proceedings are pending.
In due course, court proceedings will be instituted and should expect to receive a Single Justice Procedure Notice.
If you are disqualified for the new offence then penalty points would not be applied and you would avoid the totting up provisions. However, for a red light offence you should expect 3 penalty points rather than a short discretionary disqualification.
The legislation only allows the court not to disqualify, or to disqualify for less than 6 months, if the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of conviction. The most common mitigating circumstance put forward is the potential effect of the disqualification on the offender and or others; namely that exceptional hardship would result.
There is no strict definition of the term "exceptional hardship", it being a matter of fact and degree to be decided in each individual case.
You are not eligible for a fixed penalty. If you attempt to pay a £100 fixed penalty then the money will be refunded to you.
Your licence will also be returned to you in any event. They sometimes send a letter informing you that court proceedings are pending.
In due course, court proceedings will be instituted and should expect to receive a Single Justice Procedure Notice.
If you are disqualified for the new offence then penalty points would not be applied and you would avoid the totting up provisions. However, for a red light offence you should expect 3 penalty points rather than a short discretionary disqualification.
The legislation only allows the court not to disqualify, or to disqualify for less than 6 months, if the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of conviction. The most common mitigating circumstance put forward is the potential effect of the disqualification on the offender and or others; namely that exceptional hardship would result.
There is no strict definition of the term "exceptional hardship", it being a matter of fact and degree to be decided in each individual case.
agtlaw said:
Drivers who accumulate 12 or more penalty points within a 3 year period are liable to a mandatory disqualification for a minimum period of 6 months. The offence dates are relevant. For the purposes of the relevant legislation, none of your points “expire” later this month.
You are not eligible for a fixed penalty. If you attempt to pay a £100 fixed penalty then the money will be refunded to you.
Your licence will also be returned to you in any event. They sometimes send a letter informing you that court proceedings are pending.
In due course, court proceedings will be instituted and should expect to receive a Single Justice Procedure Notice.
If you are disqualified for the new offence then penalty points would not be applied and you would avoid the totting up provisions. However, for a red light offence you should expect 3 penalty points rather than a short discretionary disqualification.
The legislation only allows the court not to disqualify, or to disqualify for less than 6 months, if the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of conviction. The most common mitigating circumstance put forward is the potential effect of the disqualification on the offender and or others; namely that exceptional hardship would result.
There is no strict definition of the term "exceptional hardship", it being a matter of fact and degree to be decided in each individual case.
I was half expecting this, I don't know why they offered me the conditional offer in the first place. I did tell them I had 9 points at the roadside. Perhaps it was a cheeky trick of theirs. I was a mug and paid it, whereas I should have waited for court summons. The court processing it was Southend, does this mean a trip to the seaside or do they send it to a local court to process if summonsed? Hopefully they refund it, I posted it as soon as it arrived after paying on the gov.uk site.You are not eligible for a fixed penalty. If you attempt to pay a £100 fixed penalty then the money will be refunded to you.
Your licence will also be returned to you in any event. They sometimes send a letter informing you that court proceedings are pending.
In due course, court proceedings will be instituted and should expect to receive a Single Justice Procedure Notice.
If you are disqualified for the new offence then penalty points would not be applied and you would avoid the totting up provisions. However, for a red light offence you should expect 3 penalty points rather than a short discretionary disqualification.
The legislation only allows the court not to disqualify, or to disqualify for less than 6 months, if the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of conviction. The most common mitigating circumstance put forward is the potential effect of the disqualification on the offender and or others; namely that exceptional hardship would result.
There is no strict definition of the term "exceptional hardship", it being a matter of fact and degree to be decided in each individual case.
I don't know if there's a backlog of work at the court and how soon they will get to my case (or if some cheeky postie has opened my letter and has my license and I should cancel the current one and apply for a new one, though it is an offence to interfere with someone else's post)... I sit in trepidation, and every time I move the car I feel like I'm breaking the law like Katie Price...
Thanks for the advice, mate
TwigtheWonderkid said:
No it won't. He'll have no points but all the convictions that led up to the ban and the ban itself will still need to be disclosed to insurers, future employers or anyone else entitled to ask.
There's a TT code for Totting Up, IIRC which will always be there. I am aware of this.TwigtheWonderkid said:
But still need to be disclosed for the next 5 years.
I might reserve TT99BAN as a private plate to put on the 488 Pista 
I have to just wait until the Court send back my licence and then send me a date to attend... it just seems like I'm waiting an age...
I don't know how long it takes for them to process stuff, or if it was a legit document... it came from the Met at Dartford which is their standard PO Box but it was a vague duplex printed single sheet. I sent things off as it requested, but am not sure of this central processing team in Southend... googling 'Central Processing Unit' just brings up stuff on computer processors, or PC shops in Southend 
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