Points, what date are they set from?
Points, what date are they set from?
Author
Discussion

VtecLover

Original Poster:

111 posts

229 months

Tuesday 16th October 2007
quotequote all
hello all, just wondering about recieving penalty points.

Bit of a wierd case, ive received a notice of intended prosecution.
Im wondering if i go court, will the points be added from the day of sentence or the date of offence?

thanks for your help.

John57

1,870 posts

259 months

Tuesday 16th October 2007
quotequote all
If you go to court they are added from the date of conviction.

vonhosen

40,597 posts

248 months

Tuesday 16th October 2007
quotequote all
Endorsements must remain on a licence for 11 years from date of 'conviction' if the offence is :-

* Drinking/drugs and driving (shown on the licence as DR10, DR20, DR30 and DR80).
* Causing death by careless driving whilst under the influence of drink/drugs (shown on the licence as CD40, CD50 and CD60).
* Causing death by careless driving, then failing to provide a specimen for analysis (shown on the licence as CD70).


OR 4 years from date of 'conviction' if the offence is :-

  • Reckless/dangerous driving (shown on the licence as DD40, DD60 and DD80),
  • Offences resulting in disqualification.
  • Disqualified from holding a full licence until a driving test has been passed.

OR 4 years from the date of 'offence' in all other cases.



Edited by vonhosen on Tuesday 16th October 07:20

mel

10,168 posts

306 months

Tuesday 16th October 2007
quotequote all
But aren't they considered "spent" after 10 years/3 years respectively, and still appear on the DVLA print out used by the courts if you re offend for 12 years/5 years. Very straight forward isn't it wink

bi9_jk

883 posts

296 months

Tuesday 16th October 2007
quotequote all
John57 said:
If you go to court they are added from the date of conviction.
Are you sure about this, ive read that the points are added from the date of the offence and not from when the case was decided. Im not disagreeing with you but could you point me in the direction of some precident on this.


SS2.

14,712 posts

269 months

Tuesday 16th October 2007
quotequote all
bi9_jk said:
John57 said:
If you go to court they are added from the date of conviction.
Are you sure about this, ive read that the points are added from the date of the offence and not from when the case was decided.
Read VH's post above. Whether its date of offence or conviction is dependent upon the nature of the offence.

Edited by SS2. on Tuesday 16th October 11:45

51mes

1,557 posts

231 months

Tuesday 16th October 2007
quotequote all
I refer to my paper part driving licence.

Got done for speeding in september 2003, court case 17 december 2003. date on licence for conviction is 17 December 2003 as that is when the penalty was applied, I beleive if it's a FPN the penalty is applied at point of offence if yor wrists need slappin harder...

51mes.

SS2.

14,712 posts

269 months

Tuesday 16th October 2007
quotequote all
51mes said:
I refer to my paper part driving licence.

Got done for speeding in september 2003, court case 17 december 2003. date on licence for conviction is 17 December 2003 as that is when the penalty was applied, I beleive if it's a FPN the penalty is applied at point of offence if yor wrists need slappin harder...
That's the date of conviction.

If the offence was speeding, then those points will cease to be valid for totting purposes after 3 years and could be removed after 4 years, both from the date of offence.

John57

1,870 posts

259 months

Tuesday 16th October 2007
quotequote all
bi9_jk said:
John57 said:
If you go to court they are added from the date of conviction.
Are you sure about this, ive read that the points are added from the date of the offence and not from when the case was decided. Im not disagreeing with you but could you point me in the direction of some precident on this.
Yes, I am sure - as has been said, if you read VH's reply above it should help explain.

For example - If you take a conditional offer / are dealt with by the FPN system and plead guilty without going to court then the points run from the day of the offence.

Go to court for Careless Driving on say 1st October following an accident on say 1st June. Found guilty at court and given 5 points - points run from that conviction date of 1 October .... not the date of the accident.



Edited by John57 on Tuesday 16th October 13:33

SS2.

14,712 posts

269 months

Tuesday 16th October 2007
quotequote all
John57 said:
bi9_jk said:
John57 said:
If you go to court they are added from the date of conviction.
Are you sure about this, ive read that the points are added from the date of the offence and not from when the case was decided. Im not disagreeing with you but could you point me in the direction of some precident on this.
Yes, I am sure - as has been said, if you read VH's reply above it should help explain.

For example - If you take a conditional offer / are dealt with by the FPN system and plead guilty without going to court then the points run from the day of the offence.
No. It has nothing to do with whether the matter is settled by fixed penalty or progresses to court.

Whether points run from the date of offence or from the date of conviction is solely dependent upon the nature of the offence..

Suggest reading VH's post again..wink

Edited by SS2. on Tuesday 16th October 13:34

John57

1,870 posts

259 months

Tuesday 16th October 2007
quotequote all
SS2. said:
John57 said:
bi9_jk said:
John57 said:
If you go to court they are added from the date of conviction.
Are you sure about this, ive read that the points are added from the date of the offence and not from when the case was decided. Im not disagreeing with you but could you point me in the direction of some precident on this.
Yes, I am sure - as has been said, if you read VH's reply above it should help explain.

For example - If you take a conditional offer / are dealt with by the FPN system and plead guilty without going to court then the points run from the day of the offence.
No. It has nothing to do with whether the matter is settled in court or not.

Whether points run from the date of offence or from the date of conviction is solely dependent upon the nature of the offence..

Suggest reading VH's post again..wink
Yep, read it again and unless they've changed things I stand by my comments ..... as I know through experience rolleyes for a CD10. Maybe they have changed things but that is not as I was taught or know myself.

eltax91

10,786 posts

237 months

Tuesday 16th October 2007
quotequote all
SS2. said:
John57 said:
bi9_jk said:
John57 said:
If you go to court they are added from the date of conviction.
Are you sure about this, ive read that the points are added from the date of the offence and not from when the case was decided. Im not disagreeing with you but could you point me in the direction of some precident on this.
Yes, I am sure - as has been said, if you read VH's reply above it should help explain.

For example - If you take a conditional offer / are dealt with by the FPN system and plead guilty without going to court then the points run from the day of the offence.
Suggest reading VH's post again..wink

Edited by SS2. on Tuesday 16th October 13:34
yes


I crossed a red light in March 2005, after much paperwork to-ing and fro-ing, i finally went to court in Feb 2006. I was given a TS10 (offence code) and it was "backdated" to the date of the OFFENCE, therefore saving me a little in insurance premiums for the renewal...

SS2.

14,712 posts

269 months

Tuesday 16th October 2007
quotequote all
John57 said:
Yep, read it again and unless they've changed things I stand by my comments..
Why ?

The original poster asked whether, upon conviction in court for a speeding offence, his points would run from the date of offence or date of conviction.

VH's post (from the DVLA) is very clear - the points would run from the date of the speeding offence, irrespective whether the matter was decided by fixed penalty or in court.

The offences where the points can be removed after x years from date of conviction are listed - speeding is not one of them..

Jophn57 said:
Maybe they have changed things but that is not as I was taught or know myself.
Maybe they have changed things. But its certainly how things are done now..smile

John57

1,870 posts

259 months

Tuesday 16th October 2007
quotequote all
SS2. said:
John57 said:
Yep, read it again and unless they've changed things I stand by my comments..
Why ?

The original poster asked whether, upon conviction in court for a speeding offence, his points would run from the date of offence or date of conviction.

VH's post (from the DVLA) is very clear - the points would run from the date of the speeding offence, irrespective whether the matter was decided by fixed penalty or in court.

The offences where the points can be removed after x years from date of conviction are listed - speeding is not one of them..

Jophn57 said:
Maybe they have changed things but that is not as I was taught or know myself.
Maybe they have changed things. But its certainly how things are done now..smile
Fair enough re the speeding ... yep, that is the info he was after - I have just got up after doing a night duty and the brain is struggling .... think I need a strong coffee.

Dwight VanDriver

6,583 posts

275 months

Tuesday 16th October 2007
quotequote all
Dont forget your 'Sin Sheet' contains:

Convicting Court No.
Date of Conviction
Offence Code
Date of Offence
Fine
Disq period
Other
Penalty Points.

dvd

mel

10,168 posts

306 months

Wednesday 24th October 2007
quotequote all
Now I really do need clarification.

License shows 6 points for an SP30 offence which went to court, date of offence feb 05, date of conviction June 05. Got pulled for being naughty again today and expect another 6 points and another trip to court. So assuming that I can ensure that the court appearance for the new offence is after 5th feb 08 which seems perfectly feasible can I expect a toting up ban or not?

SS2.

14,712 posts

269 months

Wednesday 24th October 2007
quotequote all
mel said:
License shows 6 points for an SP30 offence which went to court, date of offence feb 05, date of conviction June 05. Got pulled for being naughty again today and expect another 6 points and another trip to court. So assuming that I can ensure that the court appearance for the new offence is after 5th feb 08 which seems perfectly feasible can I expect a toting up ban or not?
frown

For speeding, the points will be valid for totting purposes from the date of the offence(s).

If a driver amasses 12 or more points in any three year period, then they would be liable for a 6 month ban.


stubydoo

259 posts

262 months

Wednesday 24th October 2007
quotequote all
I was 'pipped' for speeding on 17th July 2003 - date of court case 17th Oct 2003- 6 points and hefty fine, licence date of offence is July, not October

HTH
Stu