12 and out
Author
Discussion

bindit

Original Poster:

2,345 posts

282 months

Monday 2nd February 2004
quotequote all
Well thats done it, just picked up another 3 points which gives me a grand total of 12. My last 3 Scamera van NIP's are near identical; straight dual carraigeways, 40mph limit, just outside town, between 10-11 in the morning, light traffic (this is scotland after all) and me bumbling along at or below 50 with the rest of the traffic... kerrrching for the government.

I know i'm an arse, but an unlucky one! I've been almost manic about sticking to the limits since i've been on 9 points, holding up great swarthes of traffic by sticking to the limits, i just thought the dual road peeling off the M8 was a 50 Cunningly they didn't put any warning signs on the verge as there was a fixed warning plate on a lamp post just by the van.

I'm in sales, boss has already warned us all that no license = no job.

Has anyone heard of Hardship being used successfully when job loss is a certainty?

Why do i feel like a criminal? Loss of house etc, might as well turn to crime..

dazren

22,612 posts

278 months

Monday 2nd February 2004
quotequote all
Hardship can be taken into account by magistrates when deciding on your fate.

Personally I'd take a look at the ABD. www.abd.org.uk the ABD committee are frequently asked by journalists etc to find safe drivers who've lost their licences due to totting up by hidden scameras on roads where the limits are unrealistically low.

DAZ

spivvy

1,535 posts

271 months

Monday 2nd February 2004
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a guy who worked for me a while ago got chaught on the M11 doing in was excess of the 70mph (instant ban speed)
and he claimed hardship for his family as he was the sole wage earner so he got a hefty fine and not banned

Cooperman

4,428 posts

267 months

Monday 2nd February 2004
quotequote all
So why did you sign the NIP and not take the advice of everyone who has used this avenue and escaped the points and fine?

bindit

Original Poster:

2,345 posts

282 months

Monday 2nd February 2004
quotequote all
well Cooperman, to be accurate i haven't signed anything yet, i just got the form asking if i was the driver, but i'm assuming there will be a NIP. I thought the non-signing route is closed now. Who has been successful using this method on this website?

misternomer

68 posts

260 months

Monday 2nd February 2004
quotequote all
Do what I did and say it was a mate from abroad that was driving at the time.

All they ever do is ask for a flight number. You're not bound by law to give anything more than the basic name and address details.

There is no way on earth that they'll succesfully prosecute someone in another country so the case will be dropped.


I'm not yanking your chain here. It has worked in every case I've seen it tried.


mail me on pistonheads@richardlack.com if you need further advice.

bindit

Original Poster:

2,345 posts

282 months

Monday 2nd February 2004
quotequote all
thanks misternomer. I wonder if driving a company leased vehicle complicate matters (insurance etc)? Not to mention the fact that i'm always the sort of person that gets caught I don't even Know anyone who's abroad just now either!
I have heard about students taking the hit for £100 a point, not that i would consider that of course, and i as i mentioned, what if they looked into the insurance aspect, or there was a clear picture of me from the scamera van?

Mad Dave

7,158 posts

280 months

Monday 2nd February 2004
quotequote all
bindit said:
well Cooperman, to be accurate i haven't signed anything yet, i just got the form asking if i was the driver, but i'm assuming there will be a NIP. I thought the non-signing route is closed now. Who has been successful using this method on this website?


i think in a similar situation i'd be tempted to refuse to disclose who was driving - i THINK (seek clarification on this) they then do you for 'failure to disclose' and not speeding. I dont know if this carries points or not.

mcflurry

9,180 posts

270 months

Monday 2nd February 2004
quotequote all
failure to supply details is 3 points as a MS90 on your licence
They also add about 33% to your premium as it isn't a straight forward SP or TS code

d-man

1,019 posts

262 months

Monday 2nd February 2004
quotequote all
Mad Dave said:

bindit said:
well Cooperman, to be accurate i haven't signed anything yet, i just got the form asking if i was the driver, but i'm assuming there will be a NIP. I thought the non-signing route is closed now. Who has been successful using this method on this website?



i think in a similar situation i'd be tempted to refuse to disclose who was driving - i THINK (seek clarification on this) they then do you for 'failure to disclose' and not speeding. I dont know if this carries points or not.


Sadly refusing to identify the driver carries a £60 fine and 3 points too...

Dwight VanDriver

6,583 posts

261 months

Monday 2nd February 2004
quotequote all
>>I'm in sales, boss has already warned us all that no license = no job.

Has anyone heard of Hardship being used successfully when job loss is a certainty?

Why do i feel like a criminal? Loss of house etc, might as well turn to crime.<<

Yes it is there under the law and I kept my son in law on the road when he reached his 12 points.

Section 35 Road Traffic Offenders Act 1988

Where a person is convicted of an offence and the penalty points to be taken into account on that occasion number 12 or more, the Court must order him to be disqualified for not less than the minimum period unless the Court is satisfied, having regard to all the circumstances that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period OR NOT TO ORDER HIM TO BE DISQUALIFIED.

SiL very similar to you - loss of Licence - no job. No job no house etc etc. and these are the grounds you must plead with supporting evidence from your boss etc.
Unless you are extremely well versed in advocacy then best to employ a Solicitor well verse in Traffic Law to go through it with you and plead your case.

As to the other route advised by others entirely up to you.

DVD

Don

28,378 posts

301 months

Monday 2nd February 2004
quotequote all
Its a bit late now but:

1) Go on an Advanced Driving course - enhanced observation could help you in spotting these sneaky bastards...

2) Advanced course = plenty of practice at maintaining the speed limit and always knowing what it is. The advantage of this is that you CHOOSE when to break the limit KNOWINGLY - usually in places where getting nicked is hugely unlikely - instead of drifting over it without noticing and collecting points.

3) A person in as dire a situation as you and requiring the licence for their livelihood should probably invest in the FULL RANGE of GPS/Laser/Rader detecting equipment - possibly even a jammer although that could be interpreted as illegal...much of this equipment is transportable from car to car and so could be used in company pool cars...sure it'll look odd but what the hell....

Good luck, mate, but you are in a pickle and no mistake. Errr. Time to do EVERYTHING about not getting nicked again...

misternomer

68 posts

260 months

Monday 2nd February 2004
quotequote all
for clarifacation on this one. The friend whom I identified abroad agreed in advance that I would name him. In Cali;fornia where he lives they are now introducing traffic cameras (operated by Lockheed Martin!) - so we agreed a swap. I'll identify myelf as the driver when he gets nicked - and he'll do likewise for me. We are camera buddies!

_Al_

5,618 posts

275 months

Monday 2nd February 2004
quotequote all
Don said:


1) Go on an Advanced Driving course - enhanced observation could help you in spotting these sneaky bastards...

2) Advanced course = plenty of practice at maintaining the speed limit and always knowing what it is. The advantage of this is that you CHOOSE when to break the limit KNOWINGLY - usually in places where getting nicked is hugely unlikely - instead of drifting over it without noticing and collecting points.

3) A person in as dire a situation as you and requiring the licence for their livelihood should probably invest in the FULL RANGE of GPS/Laser/Rader detecting equipment - possibly even a jammer although that could be interpreted as illegal...much of this equipment is transportable from car to car and so could be used in company pool cars...sure it'll look odd but what the hell....



Everyone forgets...


4) STOP SPEEDING!


It's not like you have to stop eating or anything; just exercise a bit of patience until 3 of your old points drop off.


In any event, loss of job is adequate grounds to avoid a ban. Get a note from your boss stating that you will loose your job if you get banned, that should be all there is to it.

Bear in mind that this excuse can only be used ONCE.

Richard C

1,685 posts

274 months

Monday 2nd February 2004
quotequote all
_Al_ said:
Bear in mind that this excuse can only be used ONCE.


Nahh - used it twice within 8 months in 1995. Got me some big fines and 17 points to drive around on my licence with.

spaximus

4,335 posts

270 months

Monday 2nd February 2004
quotequote all
I had a guy who was caught several times in a short space of time and racked up 12 points. I wrote him a letter saying it was necessary for him to have a licence or no job likely outcome sole bread winner etc. Outcome banned 6 months £300 fine and the quote was "very nice letter from your boss but the likes of you will always find menial work"

However if the worst happens and your boss sacks you sue him as he has already decided what to do before any disciplinary hearing or court case and that is bad people handling

hedders

24,460 posts

264 months

Monday 2nd February 2004
quotequote all
I would have thought that if a person stood in front of a judge and said:

"If i lose my license I will be claiming £2000 a month in government benefits until i get it back, if i keep my license i will continue to pay tax"

They would see sense...but they probably don't...

>> Edited by hedders on Monday 2nd February 19:53

austinpowers

13 posts

260 months

Monday 2nd February 2004
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I had 9 points a while back (have again now ), when i was stopped for doing 103mph on the A303, i think the officer was going to give a fpn, but when i said i had 9 points he said he couldn't. anyway a couple of weeks before the court date, 3 points dropped off my licence so leaving me with 6, i took a letter to court stating that i'll lose my job, (field engineer), so they gave me 6 points, £200 fine and no ban, so i had 12 points, so it does work.

nonegreen

7,803 posts

287 months

Monday 2nd February 2004
quotequote all
Mmm eventually we will all be out of work. I wonder if there is any money in magistrate hunting. How much do the pelts fetch.

andygo

7,197 posts

272 months

Tuesday 3rd February 2004
quotequote all
Just don't sign the NIP.
Dead simple and you have nothing to lose. As far as I'm aware it has ALWAYS worked.