Retrospective totting up ban?
Retrospective totting up ban?
Author
Discussion

FlabbyMidgets

Original Poster:

539 posts

116 months

Saturday 13th March 2021
quotequote all
A friend (actual friend) told me tonight on the journey back from buying a car (potential other thread incoming on this debacle) that he was recently caught speeding, again.

Got caught last month via van, at the time of the offence he had 9 penalty points.

Letter requesting driving details.

He admits to it, and at some point has sent money for fine. This was refunded and told he'd have to go to court as this couldn't be dealt with via fpn.

At the beginning of March 3 points have expired, he now has 6, checked this evening with online driving licence thing.

Is he still liable for a totting up ban?

Also any recommendations for some advanced driver training for him? Being a passenger was giving me anxiety. Poor awareness and no forward planning at all, erratic speed and a lot of phone usage. I've tried having a polite word but males and their egos etc...

agtlaw

7,398 posts

235 months

Saturday 13th March 2021
quotequote all
FlabbyMidgets said:
Got caught last month via van, at the time of the offence he had 9 penalty points.

...

Is he still liable for a totting up ban?
Yes.


R0G

5,035 posts

184 months

Saturday 13th March 2021
quotequote all
Court will probably not ban as 12 point total is only there for a short time
I am not certain but I think that the court 3 points get added on at the time of the court case and not the time of the offence

As for further driver training - if the driver is not open to this then it will not happen

agtlaw

7,398 posts

235 months

Saturday 13th March 2021
quotequote all
R0G said:
Court will probably not ban as 12 point total is only there for a short time
I am not certain but I think that the court 3 points get added on at the time of the court case and not the time of the offence
Wrong / ludicrous point followed by irrelevant point.

R0G appears to be suggesting that the OP’s “friend” will not be liable for a totting up ban? If so then he is completely wrong. The correct answer has already been given.




Edited by agtlaw on Saturday 13th March 07:11

Gafferjim

1,337 posts

294 months

Saturday 13th March 2021
quotequote all
He also needs to sell the Audi.

NikBartlett

703 posts

110 months

Saturday 13th March 2021
quotequote all
FlabbyMidgets said:
Also any recommendations for some advanced driver training for him? Being a passenger was giving me anxiety. Poor awareness and no forward planning at all, erratic speed and a lot of phone usage. I've tried having a polite word but males and their egos etc...
A driving ban would be doing everyone a favour

Jeremy-75qq8

1,752 posts

121 months

Saturday 13th March 2021
quotequote all
agtlaw said:
R0G said:
Court will probably not ban as 12 point total is only there for a short time
I am not certain but I think that the court 3 points get added on at the time of the court case and not the time of the offence
Wrong / ludicrous point followed by irrelevant point.

R0G appears to be suggesting that the OP’s “friend” will not be liable for a totting up ban? If so then he is completely wrong. The correct answer has already been given.




Edited by agtlaw on Saturday 13th March 07:11
Interesting. I assumed you were innocent until proven guilty.

You can only be provided guilty in court and I would have hence assumed the only relevant date was how many points did he have on the date he was convicted of the offence.

Whenever I have had point I was pretty sure it was from date of conviction not the offence but maybe I am wrong

agtlaw

7,398 posts

235 months

Saturday 13th March 2021
quotequote all
Jeremy-75qq8 said:
Interesting. I assumed you were innocent until proven guilty.

You can only be provided guilty in court and I would have hence assumed the only relevant date was how many points did he have on the date he was convicted of the offence.

Whenever I have had point I was pretty sure it was from date of conviction not the offence but maybe I am wrong
Sounds like you’re unaware of the fixed penalty system in this country. Nothing to do with a court.

Relevant date is offence date, not conviction date and I’m 100% sure that you’re wrong.


Dr Jekyll

23,820 posts

290 months

Saturday 13th March 2021
quotequote all
Just to be clear. When you say some points 'expired' at the end of March was that the three year point? Because some people say they 'expire' at the four year point when they come off the licence even though they are irrelevant for totting up purposes after three years..

NGee

2,931 posts

193 months

Saturday 13th March 2021
quotequote all
R0G said:
Court will probably not ban as 12 point total is only there for a short time
I am not certain but I think that the court 3 points get added on at the time of the court case and not the time of the offence
What a load of fking bks.

Why do you waste yours, and everybody else's, time answering a sensible question, when you have absolutely no idea what you're talking about?
Especially being as the correct answer was already posted 1/2 an hour before your ludicrous offering.

NGee

2,931 posts

193 months

Saturday 13th March 2021
quotequote all
FlabbyMidgets said:
Also any recommendations for some advanced driver training for him? Being a passenger was giving me anxiety. Poor awareness and no forward planning at all, erratic speed and a lot of phone usage. I've tried having a polite word but males and their egos etc...
You can't make him change his driving habits but, if you value your life, you can refuse to get in a car with him.

FlabbyMidgets

Original Poster:

539 posts

116 months

Saturday 13th March 2021
quotequote all
agtlaw said:
Wrong / ludicrous point followed by irrelevant point.

R0G appears to be suggesting that the OP’s “friend” will not be liable for a totting up ban? If so then he is completely wrong. The correct answer has already been given.




Edited by agtlaw on Saturday 13th March 07:11
Thanks Agtlaw, and thanks for the other replies too. Fortunately it actually is my friend. I'm not going to break this to him, don't think it will go down too well.

He's a medical professional who drives to two sites, both around an hour away. One is in the sticks in Wales and I'm guessing terrible public transport links. Would this be grounds for "exceptional hardship"? He doesn't have any family local, I'm one of his few friends that can drive.

Enut

1,003 posts

102 months

Saturday 13th March 2021
quotequote all
FlabbyMidgets said:
agtlaw said:
Wrong / ludicrous point followed by irrelevant point.

R0G appears to be suggesting that the OP’s “friend” will not be liable for a totting up ban? If so then he is completely wrong. The correct answer has already been given.




Edited by agtlaw on Saturday 13th March 07:11
Thanks Agtlaw, and thanks for the other replies too. Fortunately it actually is my friend. I'm not going to break this to him, don't think it will go down too well.

He's a medical professional who drives to two sites, both around an hour away. One is in the sticks in Wales and I'm guessing terrible public transport links. Would this be grounds for "exceptional hardship"? He doesn't have any family local, I'm one of his few friends that can drive.
I hope he gets a ban, more than that I hope that something makes him improve his driving before he causes an accident. I would strongly urge you to call him out on his driving.

QuickQuack

2,808 posts

130 months

Saturday 13th March 2021
quotequote all
FlabbyMidgets said:
Thanks Agtlaw, and thanks for the other replies too. Fortunately it actually is my friend. I'm not going to break this to him, don't think it will go down too well.

He's a medical professional who drives to two sites, both around an hour away. One is in the sticks in Wales and I'm guessing terrible public transport links. Would this be grounds for "exceptional hardship"? He doesn't have any family local, I'm one of his few friends that can drive.
Is he a medical professional as in a properly qualified doctor registered with the GMC or not? If he is, please do tell him that other "medical professionals" think that somebody needs to make an extra large Cusco speculum as he seems to be the receiving orifice.

FlabbyMidgets

Original Poster:

539 posts

116 months

Saturday 13th March 2021
quotequote all
Points noted and I shall think of a way to politely intervene. If he was pulled over and explained to by a police officer about phone usage etc, then had a ban because of that I think it would sink in more.

As its all from speed camera vans (mostly on the same road) I think he'll see a 6 month ban as the system being harsh and won't necessarily see the link between his driving and his licence, or lack thereof.

mattyprice4004

1,342 posts

203 months

Saturday 13th March 2021
quotequote all
Having been on the receiving end of my own fair share of points and bkings over the years, it's absolutely bonkers that someone who relies so heavy on having their own transport has even got to 9 points, let alone a point where 12 and a ban is possible.

Around here there's fairly good transport, but as soon as I got 3 I behaved impeccably until they were removed (and to be fair, carried on at a much more sedate pace.

tl:dr your mate is an idiot, and it sounds like the only way he'll learn is a ban to be honest

MontyPythonX

1,230 posts

145 months

Saturday 13th March 2021
quotequote all
mattyprice4004 said:
tl:dr your mate is an idiot, and it sounds like the only way he'll learn is a ban to be honest
A ban, or a crash!

Short Grain

3,435 posts

249 months

Saturday 13th March 2021
quotequote all
Use of the phone as in hand held?

Durzel

12,999 posts

197 months

Saturday 13th March 2021
quotequote all
mattyprice4004 said:
Having been on the receiving end of my own fair share of points and bkings over the years, it's absolutely bonkers that someone who relies so heavy on having their own transport has even got to 9 points, let alone a point where 12 and a ban is possible.

Around here there's fairly good transport, but as soon as I got 3 I behaved impeccably until they were removed (and to be fair, carried on at a much more sedate pace.

tl:dr your mate is an idiot, and it sounds like the only way he'll learn is a ban to be honest
Isn’t it 15? He was already told he was on for a court appearance when he tried to accept a fixed penalty on 9 points.

So basically he was on for an impending totting ban and was caught AGAIN.

Maybe I’ve got it wrong but it read to me like he got caught last month on 9 points, and then caught again (more recently?) after having bought a car.

Based on the OP’s own assessment of his driving it sounds like 6 months off the road is probably for the best, for everyone.

Janluke

3,093 posts

187 months

Saturday 13th March 2021
quotequote all
Apparently there are 8800 drivers on the road today with over 12 points on their licence so I don't think the threshold is very high.
source https://www.autoexpress.co.uk/news/92095/8800-driv...


I know of one part time sports coach who works at multiple sites and this was considered enough not to force the ban. If he's a medical professional I'm suspect a well written letter will allow him to carry on driving