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Audi A3 - 9 Points and Caught again - ChrisW78

Hi I have 9 speeding points and have just been caught doing 70 on the motorway in a variable speed stretch should have been doing 60.

Question I have is the first three point I received was 3/12/09 for the offence date but 03/08/10 for the convition date, will the 2009 date be used for totting up or the conviction date in 2010.

Am i looking at a ban as I am an IT technician and travel around 500 miles a week.

Thanks in advance

Chris

Audi A3 - 9 Points and Caught again - RT

It goes on conviction date so the first one is still within the 3 years.

To be blunt you have only yourself to blame for the impending 6-month ban - you were caught 3 times, didn't learn any lessons and still ignore speed limits - despite the fact you rely on your licence for your livelyhood.

Edited by RT on 15/05/2013 at 13:02

Audi A3 - 9 Points and Caught again - ChrisW78

Thanks for the reply,

You don't need to tell me I only have myself to blame,I'm stupid!!

Not just the job I'm worried about, my kids live 2 Hrs away so getting to pick them up worries me more.

Once again thanks for the reply

Chris

Audi A3 - 9 Points and Caught again - Dabooka

You need to see a solicitor. I know personally two people who have been hit with fines instead of a ban as they were able to argue the need of a car for work etc.

I'm sure someone else will come along and offer more insight.

the issue / comments about you being b***** stupid goes wihtout saying of course!

Audi A3 - 9 Points and Caught again - Dwight Van Driver

Good advice ^^^^^^ if you want to avoid a ban or a little disqualification.

If you can put forward a complelling case with necessary evidence that the totting ban would cause exceptional hardship to you then Mags have the discretion not to ban.

or

Solicitor can ask the Bench to deal with the current offence on its own and impose a short disqualification leaving the 9 points on the Licence as a speed prevention measure.

dvd/

Audi A3 - 9 Points and Caught again - skidpan

I agree with the case for not banning you on this ocation but a suitable fine to focus your mind should be imposed, say £1000 for the sake of argument.

But if you were caught again withing the next 3 years a lenghty instant ban with no appeal should be the sentance.

Audi A3 - 9 Points and Caught again - Peter D

FPN points are effective from the date of the offence. Others like CD, DD and Drink Driving are from the date of the conviction. Regards Peter

Audi A3 - 9 Points and Caught again - RT

FPN points are effective from the date of the offence. Others like CD, DD and Drink Driving are from the date of the conviction. Regards Peter

As there is an 8 month gap between offence and conviction, it was probably not dealt with by a FPN.

Audi A3 - 9 Points and Caught again - Peter D

Very good point. Perhaps the OP can enlighten us. Regards peter

Audi A3 - 9 Points and Caught again - ChrisW78

I am unsure how it was dealt with, the ticket was not paid in time due to me moving and completely forgetting about it due to splitting from my ex at the time, The next I heard was a letter saying it had been to court and fine needed paying and licence sent in for points adding. as it was 3 years ago can't remember all the details.

Thanks for all the replies, really appreciate it.

Chris

Audi A3 - 9 Points and Caught again - CQ

A letter from your employer stating how a ban would affect his business, not you personally, although you are an exemplary employee and the nature of your work being carried out at unsocial times prohibits the use of public transport and that due to the economic situation of the company they cannot afford the resource of a driver for you and therefore would the bench please use their discretion in not imposing a ban.

Audi A3 - 9 Points and Caught again - RT

A letter from your employer stating how a ban would affect his business, not you personally, although you are an exemplary employee and the nature of your work being carried out at unsocial times prohibits the use of public transport and that due to the economic situation of the company they cannot afford the resource of a driver for you and therefore would the bench please use their discretion in not imposing a ban.

That's not exceptional hardship - the company can simply replace the employee.

Loss of the job isn't exceptional either as it's likelihood was clear by getting up to 9 points.

Audi A3 - 9 Points and Caught again - CQ

I know that it isn't exceptional hardship, that's why I didn't use the phrase, just an example of trying to find the more lenient side of the magistrate. As for just replacing the employee, several month's of training may be required before being let loose on their own to customer's sites.

Audi A3 - 9 Points and Caught again - RT

It has to be "exceptional hardship" for magistrates to even consider not imposing a ban - "ordinary" hardship isn't sufficient.

Audi A3 - 9 Points and Caught again - Peter D

What are the dates of the points on your licence. Regards Peter

Audi A3 - 9 Points and Caught again - ChrisW78

Hi, I do not have my counterpart with me right now, but from memory first 3 were dec 2009, then nov 2010 and aug 2011 although these dates are offence dates, my first 3 points ended up going to court due to me moving address and has a convition date of aug 2010.

Thanks

Chris

Audi A3 - 9 Points and Caught again - CQ

Unless the law or rules have changed in the last two years I would disagree with either the "exceptional hardship" or the definition pertaining to employment of the individual.

I have attended court on three occasions with my employees in the exact situation the O.P. is in.Three times they have left court with twelve points but still had their licences.