Banned? From when ?
Discussion
Colleague of mine has a speeding offence going through court tomorrow, 58mph in a 30.
He pleaded guilty by post and is not attending court session.
Question is- if he did get a ban, how do they notify him and when would it start? Is it up to him to ring up and find out, or does he wait until he gets the letter detailing ban or fine ?
He pleaded guilty by post and is not attending court session.
Question is- if he did get a ban, how do they notify him and when would it start? Is it up to him to ring up and find out, or does he wait until he gets the letter detailing ban or fine ?
He will be banned, if the Bench decree this is necessary, from the moment they pronounce sentence (and there is no immediate appeal). I would presume that the Justices Clerks' Office will notify the decision by post, OR
what might occur is that the Bench pronounce sentence of hefty fine and large number of points, OR
if they are to ban then they may well adjourn the case for sentence and send a another summons out for the friend to appear in person so that they can pronouce the ban to him personally.
dvd
what might occur is that the Bench pronounce sentence of hefty fine and large number of points, OR
if they are to ban then they may well adjourn the case for sentence and send a another summons out for the friend to appear in person so that they can pronouce the ban to him personally.
dvd
When my case went to court in 2004 (76 in a 40) - I never attended - but was obviously expecting a ban.
There was a number for the magistrates where you can call and find out your penalty, it is stated in the summons (?).
My case was being heard on a Friday, so I called mid afternoon. They had no details of sentence, and told me to call back at 17:00. I called back at 17:00 and they still had no news. I explained that I was going away for the weekend - and needed to know if I still had a licence or not as I was planning on driving. I was told they would call back by the end of the day. I heard nothing.
I never drove all weekend, and let the wife do all the driving whilst I got tucked into the beers!
Called them again Monday and still no news, finally got an answer on the Tuesday that sentence was 6 points and £300 fine. On the same day I received a bill for £300 + £45 costs - but never any mention of the points.
I NEVER received anything in the post to confirm the points sentence - the first offical paperwork on this was when my licence came back with the points applied to it.
Hope this helps..........
There was a number for the magistrates where you can call and find out your penalty, it is stated in the summons (?).
My case was being heard on a Friday, so I called mid afternoon. They had no details of sentence, and told me to call back at 17:00. I called back at 17:00 and they still had no news. I explained that I was going away for the weekend - and needed to know if I still had a licence or not as I was planning on driving. I was told they would call back by the end of the day. I heard nothing.
I never drove all weekend, and let the wife do all the driving whilst I got tucked into the beers!
Called them again Monday and still no news, finally got an answer on the Tuesday that sentence was 6 points and £300 fine. On the same day I received a bill for £300 + £45 costs - but never any mention of the points.
I NEVER received anything in the post to confirm the points sentence - the first offical paperwork on this was when my licence came back with the points applied to it.
Hope this helps..........
This post tickled my interest so called at out local Mags Clerks Office this am on my morning perambulation for the paper.
What I was told was this:
Initial summons sent out.
If Guilty plea and Bench not in a mood to disqualify dealt with by fine and points.
But if after hearing the evidence they are in a mind to disqualify then case adjourned.
Further summons sent out making plain possible disqualification.
Offender either:
Attends and given opportunity to make respresentation he can against disqualification.
Bench sentence.
Does not attend and if Court happy that summons has been correctly served they will go ahead and disqualify. Letter sent that night to offender informing him of decision which is backed up within 2 days by Disqualification Notice being sent.
To counter my claim that a person may be disqualified and unwittingly drive beceasue he was unaware it was stated the second summons shopuld make it plain the impending disqualification.
dvd
What I was told was this:
Initial summons sent out.
If Guilty plea and Bench not in a mood to disqualify dealt with by fine and points.
But if after hearing the evidence they are in a mind to disqualify then case adjourned.
Further summons sent out making plain possible disqualification.
Offender either:
Attends and given opportunity to make respresentation he can against disqualification.
Bench sentence.
Does not attend and if Court happy that summons has been correctly served they will go ahead and disqualify. Letter sent that night to offender informing him of decision which is backed up within 2 days by Disqualification Notice being sent.
To counter my claim that a person may be disqualified and unwittingly drive beceasue he was unaware it was stated the second summons shopuld make it plain the impending disqualification.
dvd
Presumably the summonses are sent recorded delivery so that there is no chance of the disqual driver not receiving the summons, maybe due to their not being at the address to which it is sent. Many people spend lots of time away from their nominal residence and the thought of people continuing to drive whilst banned simply through not knowing is certainly a bit worrying, especially if one of them crashes into you. What happens if a banned river did not know he/she was banned because the summons was signed for by someone else in the absence of the culprit and thus was never received by the person to whom it was addressed.
I thought it widely understood that you have to appear before the bench to be banned? You can't, for instance, accept a fixed penalty for speeding if it would take you to 12 points.
To cooperman - the driver would be in a lot of trouble. The circumstances you describe (being away from home for some time) could easily happen so you ought to take precautions to cover this. There have been a couple of threads recently about cars being towed by the council because their owners didn't respond in time.
From an insurance point of view, third party cover would still apply.
To cooperman - the driver would be in a lot of trouble. The circumstances you describe (being away from home for some time) could easily happen so you ought to take precautions to cover this. There have been a couple of threads recently about cars being towed by the council because their owners didn't respond in time.
From an insurance point of view, third party cover would still apply.
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