Author Topic: Driving Disqualification pending in England (Read 439 times)

Rodi · « **on:** August 28, 2024, 12:08:03 pm »

Hi,

I received 2 speeding tickets for a journey I made on Christmas last year, I was on a motorway in which there was some roadworks, and the speed limit was reduced to 40, I got caught doing 50 both ways. It was stupid of me however it was past 12am and the roads were empty, and I didn’t expect any cameras.

Once receiving those tickets, I panicked as I was already on 3 points and adding another 6 points would mean disgusting insurance fees. Both my parents are unable to drive due to health conditions so I’m the primary driver, taking them wherever is needed, whether that be shopping or visiting family. I am also the sole provider in my family at this moment, and my car is important in me getting to and from work.

I heard through friends about people that could get that wiped and I would never have to worry about this again, and in a state of desperation, I got in contact with these people. They filled out my Notice of Intended Prosecution and I thought all was good.

Around March, I received another letter on the post, saying that the address and name provided didn’t match and so I had to resend the Notice of Intended Prosecution once more, so I notified the people, and they did it again.

In July, I received a criminal conviction letter for not providing the information of the driver. In the police report within the letter, it stated that the address provided was known as a ‘NIP Farm’. I was asked whether I wanted to plead guilty or not and attend court if I chose the latter.

I plead guilty, paid a hefty fine and got my dreaded 6 points.

The reason for this post is, I also received a letter about potentially being disqualified from driving. This terrified me, and so I was also given the option of attending court and pleading my case or not attending and leaving the decision up to them. My decision was to attend and explain my situation.
My court date is set for September, and I wanted to know if anyone has any idea what I should expect in court. I’m extremely pessimistic about my chances of retaining my license however I thought I’d ask the people who know a bit more about all this.
Thank you all!

Southpaw82 · « **Reply #1 on:** August 28, 2024, 12:23:40 pm »

Quote from: Rodi on August 28, 2024, 12:08:03 pm

Hi,

I received 2 speeding tickets for a journey I made on Christmas last year, I was on a motorway in which there was some roadworks, and the speed limit was reduced to 40, I got caught doing 50 both ways. It was stupid of me however it was past 12am and the roads were empty, and I didn’t expect any cameras.

Once receiving those tickets, I panicked as I was already on 3 points and adding another 6 points would mean disgusting insurance fees. Both my parents are unable to drive due to health conditions so I’m the primary driver, taking them wherever is needed, whether that be shopping or visiting family. I am also the sole provider in my family at this moment, and my car is important in me getting to and from work.

I heard through friends about people that could get that wiped and I would never have to worry about this again, and in a state of desperation, I got in contact with these people. They filled out my Notice of Intended Prosecution and I thought all was good.

Around March, I received another letter on the post, saying that the address and name provided didn’t match and so I had to resend the Notice of Intended Prosecution once more, so I notified the people, and they did it again.

In July, I received a criminal conviction letter for not providing the information of the driver. In the police report within the letter, it stated that the address provided was known as a ‘NIP Farm’. I was asked whether I wanted to plead guilty or not and attend court if I chose the latter.

I plead guilty, paid a hefty fine and got my dreaded 6 points.

The reason for this post is, I also received a letter about potentially being disqualified from driving. This terrified me, and so I was also given the option of attending court and pleading my case or not attending and leaving the decision up to them. My decision was to attend and explain my situation.
My court date is set for September, and I wanted to know if anyone has any idea what I should expect in court. I’m extremely pessimistic about my chances of retaining my license however I thought I’d ask the people who know a bit more about all this.
Thank you all!

I’m just amazed you weren’t arrested for perverting the course of justice.

Losing your job in and of itself won’t save your licence. The court is looking at exceptional hardship, so you need to emphasise what it is about losing your licence that would be exceptional.

The Rookie · « **Reply #2 on:** August 28, 2024, 12:38:14 pm »

As SP has said, be grateful they aren't going with perverting the course of justice, that would typically see a 12 month jail term.

You say 6 points, but that they are considering a ban suggests it was 2 x 6 points, 6 for each offence?

You can certainly try an exceptional hardship plea (but guidance is that losing your job isn't to be considered exceptional as that would be the impact on many), while the method of accumulating the points shouldn't impact sentencing the bench are human beings and if it's obvious it was an attempted 'wizard wheeze' then it will hardly make them minded to be helpful.

As you have given us nothing to work from we have no idea if you have the makings of an EH plea or not, note that impact to others (such as you and a partner and kids losing a house and being 'on the streets') will carry more weight that hardship to the person who committed the offences.

NewJudge · « **Reply #3 on:** August 28, 2024, 01:11:09 pm »

As above, from your description of what you did, a driving disqualification means you got off lightly.

I imagine you received six points for each offence of "failing to provide driver's details" thus making you liable for a "totting up" ban of a minimum of six months.

You can have this reduced (usually to zero) if you can convince the court that you or others will suffer "exceptional hardship" (EH) if you are banned. Here's the guidance that Magistrates use when considering such an application:

"When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following:

It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn.

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.

Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.

If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account.

Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable.

Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others."

I would imagine that even if your EH argument is accepted, with two convictions for "failing to provide driver's details", motor insurance will become extremely expensive for the next five years. Just one offence of that nature often sees premiums double in the first year. With two, I would not be surprised if many insurers refused to quote you at all.

Rodi · « **Reply #4 on:** August 28, 2024, 01:42:22 pm »

Quote from: The Rookie on August 28, 2024, 12:38:14 pm

As SP has said, be grateful they aren't going with perverting the course of justice, that would typically see a 12 month jail term.

You say 6 points, but that they are considering a ban suggests it was 2 x 6 points, 6 for each offence?

You can certainly try an exceptional hardship plea (but guidance is that losing your job isn't to be considered exceptional as that would be the impact on many), while the method of accumulating the points shouldn't impact sentencing the bench are human beings and if it's obvious it was an attempted 'wizard wheeze' then it will hardly make them minded to be helpful.

As you have given us nothing to work from we have no idea if you have the makings of an EH plea or not, note that impact to others (such as you and a partner and kids losing a house and being 'on the streets') will carry more weight that hardship to the person who committed the offences.

I've currently only received 6 additional points, and this was double checked by checking the gov.uk website.

Should I be expecting to get an additional 6 points post court?

The Rookie · « **Reply #5 on:** August 28, 2024, 01:49:45 pm »

Quote from: Rodi on August 28, 2024, 01:42:22 pm

Should I be expecting to get an additional 6 points post court?

Yes, they either give you the points and then have a hearing on the disqualification or they don't sentence to the 'last' points until that hearing, it really makes no odds either way, but different areas do it slightly differently.

Freecall · « **Reply #6 on:** August 29, 2024, 08:34:35 am »

Just to add, if you do make an application for EH, do not even think about not telling the full truth regarding your circumstances when you are under cross-examination in the witness box. CPS Counsel are very good at detecting such things and the consequences for you in doing so don't bear thinking about.

Free Traffic Legal Advice

Author Topic: Driving Disqualification pending in England (Read 439 times)

Rodi

Driving Disqualification pending in England

Southpaw82

Re: Driving Disqualification pending in England

The Rookie

Re: Driving Disqualification pending in England

NewJudge

Re: Driving Disqualification pending in England

Rodi

Re: Driving Disqualification pending in England

The Rookie

Re: Driving Disqualification pending in England

Freecall

Re: Driving Disqualification pending in England