Author Topic: Caught by speed camera on A1202 in London - currently have 9 points - need advice  (Read 1428 times)

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Having received the NIP for being caught by a camera in going over the speed limit in a 20mph zone in London, I completed the details as the driver and I've just today received the Conditional Offer of £100 / 3 points.

I currently have 9 points, so am I right in thinking that without a solid exceptional hardship argument, I will be facing a driving ban if I get 12 points?

Is there any other route to avoid a ban? A driving ban would be pretty detrimental to life down here in Cornwall

Would there be any reason to not take the offer?

Would there be anything to be negotiated at a court proceeding?

My previous offences were:

27 Jul 2022 - SP30
19 Sep 2023 - SP30
20 Nov 2023 - SP30

Is there any realistic possibility that these points don't get added before 27th July next year?

I doubt it matters but the photo evidence does show I'm braking as the camera snapped the car.

Any advice to at least get my head straight about this would be really appreciated.

Really annoyed with myself. Only drive in London once a year as well and was so careful. Alas..

Cheers in advance!

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It is the offences dates that matter - including the current offence, not how long you can drag the process out for.

To all intents and purpose you cannot accept the conditional offer of a fixed penalty. The "conditional" part is that the offer is void if you are liable to tot up.

Unless you are able to successfully defend the latest speeding allegation, and you have not posted anything that indicates that you might have a viable defence, the court will be required to disqualify you for [at least] 6 months unless you can persuade them that such a ban would result in exceptional hardship - beyond that which the average driver would expect to suffer - in which case they can reduce the length of the ban, potentially to zero.

Hardship suffered by innocent parties who rely on your ability to drive is likely to carry more weight than hardship that you will be deemed to have brought on yourself. Expect to need to evidence pretty much any ground you are seeking to rely on, and show that there are no viable alternatives - that the picture that you are painting is the hardship that you/they would suffer, not simply the worst case scenario with viable alternatives either not explored or conveniently overlooked.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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Thanks for the thoughts. No intention to defend this.

The note on the conditional offer is understood.

Quote
A driving ban would be pretty detrimental to life down here in Cornwall

What do you mean by "pretty detrimental to life"?

The law says that the court must disqualify you unless they find that you or others will suffer "exceptional hardship." The guidance which magistrates use says this:


"Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence."

Of course each EH argument turns on its own merits, but quite a few people live in Cornwall and they would all suffer hardship to a similar degree as a result of living there if they are banned from driving.

No offer of a speed awareness course? Have you done one in the last 3 years?

Quote
A driving ban would be pretty detrimental to life down here in Cornwall

What do you mean by "pretty detrimental to life"?

I mean it would impact life - and not just my own - beyond mere inconvenience. My patner relies on me, so does her Mother by extension, and access to work would be particularly hindered and not simply replaced via public transport.

Thanks for finding that quote - where is that taken from? Am learning more and more as I go.
« Last Edit: December 11, 2024, 09:55:02 am by rhymers »

No offer of a speed awareness course? Have you done one in the last 3 years?
Yes.