Author Topic: 2 x speeding offences in 3 weeks totting up ban? exceptional hardship?  (Read 1166 times)

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Driving a company works car I have been charged with two speeding offences.

Offence 1 27/03/25 42mph in 20mph zone
- - Offence 2 19/04/25 34mph in 20mph zone

Deeply regret my actions and I have adapted my driving style in recent weeks.

I believe these are a C and B band offence 6 points and 4 to 6 points for the lower speed offence. I have a clean licence and have received the first single justice procedure notice for offence 1 and must respond by the 2nd June.

The second single justice procedure notice for April offence 2 is no doubt in the post. Images clearly show me at the wheel and I had to declare my driver details to due to work policy.

I am concerned about a driving ban. What is the best course of action?

Do I deal with first offence via on line guilty and take the punishment for the first offence then deal with second offence separately? or deal with both offences at the same time?


I was then thinking I would return the SJP with guilty and request a court date for both offences at the same time and ask for exceptional hardship to maintain my licence for work. I pay the mortgage and half the bills. My son would suffer as I provide him lifts to sports activities around the country with extensive travel.

I also volunteer at two local sports clubs which involve travel and giving lifts to young people so this would also be at risk if I lost my licence.  Can I obtain some references from sports clubs and my works manager to highlight these problems to help keep my licence. I presume I would need to prepare bank statements showing my mortgage payments and outgoings?

Can I self represent at court or do I spend the money £1000-1500 (is this a realistic fee)? on a solicitor?

What outcomes can I expect ? Thanks in advance

 

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Offence 1 27/03/25 42mph in 20mph zone
- - Offence 2 19/04/25 34mph in 20mph zone

I believe these are a C and B band offence 6 points and 4 to 6 points for the lower speed offence. I have a clean licence and have received the first single justice procedure notice for offence 1 and must respond by the 2nd June.

The second single justice procedure notice for April offence 2 is no doubt in the post.
Well perhaps some 'good' news.  34mph in a 20 should see a fixed penalty offer of 3 points £100.  (Summons is at 35mph normally)

I am concerned about a driving ban. What is the best course of action?
Any ban - which is quite likely, probably won't exceed 1-2 months.

I was then thinking I would return the SJP with guilty and request a court date for both offences at the same time and ask for exceptional hardship to maintain my licence for work. I pay the mortgage and half the bills. My son would suffer as I provide him lifts to sports activities around the country with extensive travel.

I also volunteer at two local sports clubs which involve travel and giving lifts to young people so this would also be at risk if I lost my licence.  Can I obtain some references from sports clubs and my works manager to highlight these problems to help keep my licence. I presume I would need to prepare bank statements showing my mortgage payments and outgoings?
Whilst the SJP will likely refer the matter to court for a consideration of ban there's no formal process for 'hardship'.  (That is reserved for actually totting which it appears you won't).  And, frankly, I do not believe these lifts would meet the criteria anyway.

Can I self represent at court or do I spend the money £1000-1500 (is this a realistic fee)? on a solicitor?
Of course you can, but for a guilty plea without totting I doubt a solicitor can lessen the blow significantly (if at all).  The sentencing guidelines would suggest around 1 week relevant earnings, surcharge of 40% of that & costs around £85.  It's possible they could sentence 6 points but I would assume a ban.

I suggest you advise your employer you may be getting a ban - they might be able to provide some support.
« Last Edit: May 14, 2025, 07:17:36 pm by JustLoveCars »
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Thanks for the reply and info much appreciated.

So should I return first SJP notice guilty Offence 1 27/03/25 42mph in 20mph zone probably 6 points £1000 fine

Second SJP when it arrives - Offence 2 19/04/25 34mph in 20mph zone hope for 4 -5 points and £1000 fine or if they are going to ban me they will ask me to go to court and wont ban me without a court appearance. These things seem to being dealt with very quickly from what I hear in London.
I cant afford a driving ban I will probably lose my job but would like to save money and not use a solicitor.


So should I return first SJP notice guilty Offence 1 27/03/25 42mph in 20mph zone probably 6 points £1000 fine
I'm not sure you read my reply correctly...

For this offence the SJ is unlikely to sentence at 6 points - they will probably refer it to court.  That doesn't mean a ban is certain but that excess it is quite likely to be a number of weeks.

You could put your case across to avoid a ban but the odds are against you.

Second SJP when it arrives - Offence 2 19/04/25 34mph in 20mph zone hope for 4 -5 points and £1000 fine or if they are going to ban me they will ask me to go to court and wont ban me without a court appearance. These things seem to being dealt with very quickly from what I hear in London.
Read above - you probably won't be prosecuted for that excess.  A routine fixed penalty (3 points £100) should be offered.

I cant afford a driving ban I will probably lose my job but would like to save money and not use a solicitor.
I'm afraid that might be difficult to avoid, as detailed above.  As I said you need to prepare your employer for a potential 'short' ban.  You may be able to reduce the impact by using leave etc.

I'm not convinced paying for representation will assist but YMMV.
« Last Edit: May 14, 2025, 07:58:48 pm by JustLoveCars »
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I understand having reread your first post thank you.

So then should I plead guilty on the first SJP and ask for the second lower offence to be considered at the same time in court and appoint a solicitor to plead my case and hope for a good result big fine and points?


So then should I plead guilty on the first SJP and ask for the second lower offence to be considered at the same time in court and appoint a solicitor to plead my case and hope for a good result big fine and points?
I think you need to reread again, carefully.

Why would you want to take the second offence to court if a fixed penalty is coming?  (It will be the lowest possible disposal method)

I'm intrigued why you think a solicitor can argue your case better than you...  (Of course, it's your cash and you may not be confident etc.)
« Last Edit: May 14, 2025, 08:12:59 pm by JustLoveCars »

Agreed on the solicitor I would like to think I could put my points across.

 So plead guilty take my medicine on both counts. Can I ask for mitigation in terms of a ban due to my job (travelling sales) when I submit the online guilty plea mention sports clubs volunteering etc

Should I wait to submit pleas in a particular order?

Offence 1 27/03/25 42mph in 20mph zone
- - Offence 2 19/04/25 34mph in 20mph zone

Should I wait to submit pleas in a particular order?
Perhaps you don't understand the process...

You won't be 'pleading' for the fixed penalty unless you don't accept it.  (And given it's the lowest possible disposal I would suggest there's no reason not to accept it!)

Can I ask for mitigation in terms of a ban due to my job (travelling sales) when I submit the online guilty plea mention sports clubs volunteering etc
The bench will consider anything you wish to add.  But given it's over double the limit I would still be assuming it's a short ban.

Arguably, it's just into Band C - so in theory, they could ban for just 1 week...

You can ask your employer for a letter to support your case.  They are unlikely to give any credit to the good deeds...  But as I already stated, there is no formal process for an Exceptional Hardship plea unless you actually tot (which is a position you don't want to be in).
« Last Edit: May 14, 2025, 08:25:50 pm by JustLoveCars »

Driving a company works car I have been charged with two speeding offences.

Offence 1 27/03/25 42mph in 20mph zone
- - Offence 2 19/04/25 34mph in 20mph zone

That's not strictly true is it?

You claim to have received an SJPN for the first offence a little over 6 weeks from the date of offence - which is incredibly quick, but assuming that it is true, then  you clearly have been charged with that offence.

The second offence was about 3 1/2 weeks ago, was recorded by a speed camera (and will therefore be processed by the relevant CTO who typically take most of the 6 month permitted to raise charges), were caught at a speed for which you should be offered a fixed penalty (as explained in the "READ THIS FIRST" post you clearly couldn't be bothered to read, and in this thread - which you also clearly couldn't be bothered to read), but you claim to have already been charged with the offence.

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I believe these are a C and B band offence 6 points and 4 to 6 points for the lower speed offence. I have a clean licence and have received the first single justice procedure notice for offence 1 and must respond by the 2nd June.

As explained in the "READ THIS FIRST" post, and also in this thread, the Magistrates' Sentencing Guidelines apply to cases where the Magistrates sentence the offender after conviction, not to cases disposed of under a fixed penalty.

Quote
The second single justice procedure notice for April offence 2 is no doubt in the post. Images clearly show me at the wheel and I had to declare my driver details to due to work policy.

Whilst there might be a vacancy to replace Mystic Meg, I doubt that you're qualified.

If you bump this thread by repeating any of your questions that have already been answered, or otherwise demonstrate the futility of wasting our time by answering them, I will lock the thread.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Why are you considering two SJPNs?

For 34mph in a 20 limit, as suggested you should be offered a fixed penalty (£100 and 3 points). You should only see court action for the more serious offence. Since the only offence which might attract a ban is the one for which you say you have an SJPN (which, as Andy says, is incredibly quick if you have) you can return that with a guilty plea and ask for it to be dealt with in your absence.

Quote
For this offence the SJP is unlikely to sentence at 6 points - they will probably refer it to court.  That doesn't mean a ban is certain but that excess it is quite likely to be a number of weeks

I'm not so sure that I agree - at least not with that degree of certainty. That speed is only just into the top band of seriousness (it begins at 41mph). In any case you don't need  to employ a solicitor initially - if at all.

Neither you nor a solicitor can attend a SJ hearing. If the SJ believes that a ban should be considered your case will be adjourned to a normal hearing which you will be asked to attend. It is at that stage you can decide whether or not to employ a solicitor. Personally I wouldn't. There is nothing a solicitor can tell the court that you cannot. But that's your call.

If you plead guilty you will not be fined £1,000 for either offence. You must be afforded a one third discount so the maximum is £667, regardless of your income. You will also pay a surcharge of 40% of the fine and prosecution costs of around £90.
« Last Edit: May 14, 2025, 08:47:39 pm by NewJudge »
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Apologies Andy didn’t want to cause any issues and wasn’t bumping the thread. I am very stressed about the potential outcomes.

Both offences were with a mobile camera in the same location. Both notified to work who then notified to met police as I am the operator of the work vehicle.


I mistakenly presumed a band B and C offence would be dealt with in the same way having received the first SJPN yesterday. I thought as both from Met they would be the same process. I have not had any speeding offences aged 50 so this process is new to me.