Show Posts - Soadfan1

Ok so  the best or rather, only  option here is for her to accept both fixed penalty and 3 points and then wait for a court  summons?As I said she is accepting of  taking a ban on the chin, it was me who mentioned to her that there were occasions when  an offence could be merged into one, but I can see that it is unlikely in this case and could have bigger financial repercussions otherwise.Thanks

Quote from: NewJudge on 03 Dec, 2024 19:35QuoteSo  should she reply back accepting the fixed penalty or just  choose the option to go to court now seeing as that she will anyway?If she wants to make the "two offences committed on the same occasion" argument she will have to attend court.Does she need to state that on one of the COFPS forms, or  can she make that plea in court as  will she have to attend court anyway if she has reached 12 points?Thanks.

Quote from: BertB on 03 Dec, 2024 12:01Its a conditional offer. One of the conditions are that the accused will not be on 12 points as a result of accepting the COFP. I believe that the sausage factory does not automatically know when sending these out how many current points the recipient has. It will be upon entering the information on receipt of the completed COFP and payment that the error will flag up and it will be sent to summons instead.One of the offers can be taken up though, assuming that your friend has no more than 6 points currently. Strictly. it would only be one of the two offence that has to go to court, unless your friend opts for court on both to make an argument for them being 2 offences committed on the same occasion.Ok I did wonder that. Yes she already has 6 points.So  should she reply back accepting the fixed penalty or just  choose the option to go to court now seeing as that she will anyway?She is  sure she does have 6, it was only that neither of those  two  cofps that she admitted liability are a summons to court.Im not aqware of the procedure so if its the case that   once both are replied to it will then flag up, fair enough.

Quote from: NewJudge on 03 Dec, 2024 08:51What was the date of the offence that led to the course? The dates used to calculate the three year period in which only one course can be taken are the offence dates.QuoteThe forms make no mention that she will automatically reach 12 points with this, should they?No, because the police do not yet know who the driver was.One continuous offence is obviously definitely out. The other option (2 offences committed on the same occasion) is up to the court. I would say it's unlikely to succeed but since It will cost nothing to ask for it to be considered, it's worth a shot.When a driver reaches 12 points the court must impose a disqualification of a minimum of six months. This can be reduced (potentially to zero) if the driver can prove that he or others will face "exceptional hardship" if he is banned. Obviously every driver who is banned will face some hardship and to succeed with this argument the hardship must be over and above that "normal" level. If the argument is successful the ban is normally avoided entirely.Sorry, these forms are the ones after she admitted  being the driver and  both forms say she can either take 3 points or go to court.Now they know who the driver was should they automatically just say court if she had reached 12 points?There is no offer of a course so that must have been within the 3 years, but  she  seemed a little unclear  ( to me) as to whether she was  100% about to reach 12 points.Would she only go to court and a ban once accepting the 3  points on both COFP forms, or would it already have told her she will reach 12 points?Hope Im not making it sound too confusing.Thanks.

Also I meant to ask, is a totting up ban automatically 6 months or can it be reduced?Thanks.

Quote from: NewJudge on 29 Nov, 2024 10:18There are two possibilities:The first is that she committed a single continuous offence. That is, she exceed the speed limit once, remained above that limit, and was caught by two cameras during that single transgression. That is obviously not applicable here as it was the same camera.The second is that she committed two separate offences but they were committed “on the same occasion.” When a driver is convicted in that way, two fines and endorsements are imposed, but only one lot of points (for the most serious).“On the same occasion” is not defined and it would be for a court to decide the issue if it was claimed. Twenty minutes apart would seem a bit of a stretch to meet that definition. However, since it seems one of the offences will take her to 12 points she will have the matter dealt with in court anyway and it will cost her nothing to make that argument. Has she taken a speed awareness course in the las three years?Thanks.So the situation as I have been told is that she had a incident  that she took a speed awareness course for in 2022 so there is no option for that.She had  a  3 point speeding incident circa 2023.She had a 3 point speeding offence earlier this year around AugustShe then had 2  3 point offences exactly 20 minutes apart, but I have noted on the COFP papers that one says NorthBound and one says southbound.They are the following cameras.A594 TIGERS WAY ( SOUTHBOUND) LEICESTER AT 13:15A594 TIGERS WAY ( NORTHBOUND) LEICESTER AT 13:35The forms make no mention that she will automatically reach 12 points with this, should they? Or will they only  send a summons to court once the COFP has been returned and the licence  is endorsed with the 6 points that takes it to 12.I now expect- but correct me if I am wrong, that the time  between the two coupled with the fact one is Northbound and one southbound will mean they will uphold this as two different offences and  6 points?Is there anything at all that she can do?She is prepared to accept the  6 month ban, as there are no exceptional  hardships either.As it happens these points are the only ones she has ever had and has had a family bereavement plus a break up which  sent her mental health into decline. She feels that she should really have been driving due to lapses in concentration ( I am aware this is all irrelevant to the case I just felt compelled to add so that she wasnt thought of as  a habitual reckless driver).

Quote from: andy_foster on 28 Nov, 2024 22:23Quote from: Soadfan1 on 28 Nov, 2024 22:12My friend ( genuinely) has committed 3 speeding offencesSend three and fourpence, we're going to a dance.QuoteIs there any  way in which  it could be reduced to 9 points if the 2 incidents so close to each other are counted as 1.That would tend to depend largely on the facts of the case(s), which you have so far chosen not to trouble us with.What would you need to know? Sorry I dont know everything about it myself just yet but can ask them. They wont go onto websites like this  so I offered to help as I  have been/was on the old  forums.Thanks.

My friend ( genuinely) has committed 3 speeding offences relatively recently, 2 of which are the same camera within 20 minutes of each other all 3 are for doing between 36 and 38 in a 30. she then discovered she still  has 3 points on her licence  that doesn't expire until Jan 26 so is terrified of getting a totting up ban.Obviously she is devastated and having been here before I remember there used to be  talk of going to court  and having some offences merged into one if they were very close to each other.Is there any  way in which  it could be reduced to 9 points if the 2 incidents so close to each other are counted as 1.She cannot do a speed awareness course for any of them as one was already done within 3 years.Please forgive my ignorance if it obviously cant, I cannot remember under which circumstances it was  considered.Thanks.