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POINTS PANIC!! - dave18
I passed in December 2000 and got a fixed penalty a few months later.
I am now facing the possibility of losing my license (well, returning to provisional) after getting caught by a police radar doing 46 on a straight, quiet and seemingly hazardless stretch leading away from a roundabout on the A5025, Anglesey.
The car was facing the oncoming traffic and was under the full sun, so was barely recognisable as a police car. There were no signs warning of Police Speed Checks. There were a number of camera warning signs and I'm sure the car was parked far along the road from one. Quite obviously a case of the supremely intelligent North Wales Police raking in fixed penalty money. This opinion is caused by the shocked, then angry face of the Mum they pulled after me, and the fixed penalty I got near Barmouth, N Wales for doing 51 on a straight downhill stretch. This one was before the start of whatever village it was; I was actually starting to slow down and had somebody right on my tail.
The police officer who issued my ticket suggested that I may not actually go back to provisional 'yes thats the law but it could be down to whoever deals with your license at DVLA.'
**First of all how likely is it that I go back to provisional?
Are there any routes of appeal available to me other than facing a speed limit obsessed magistrate?**
POINTS PANIC!! - Toad, of Toad Hall.
I passed in December 2000 and got a fixed penalty a
few months later.


I'm sorry Dave. You should have let your Mum take the first lot you're not gonna get away with the second.

Maybe DVD will have an idea but I think you're gonna have to take a re-test.

Ironic that people actually crash in her first year and don't get banned yet a technical speeding offence is treated like this.

Sorry mate. At least it will all be fresh in your mind.

--
Parp, Parp!
Note: All Toad posts come with an implied smiley.
POINTS PANIC!! - terryb
Whilst it's probably a case of there but for the grace of God, I got away with it in my younger days (there was less technology about in the 60s) and now old age and wisdom has taken over.

Surely when one gets half a dozen points on the licence one tends to take more care over observing speed limits? Being a novice driver even more so, although the staistics would show that to be a pious hope.

If you can't do the time don't do the crime. Meanwhile, time to bone up on the theory test website!

Terry
POINTS PANIC!! - Dwight Van Driver
Dave18

S34 Road Traffic Offenders Act 1988 provides Special reasons why a Licence should not be allotted the dreaded points/Endorsement which leads to disqualification. Special reason is one which is special to the facts of the particular case, that is, special to the facts that constitutes the offence a circumstance perculiar to the offender e.g. Disqualification would mean the loss of business or livelihood.
This is an area where the special talents of a good Brief comes into the play in advocacy.
The choice is yours. Accept the foolishness of impetuous youth and go back to the re-test procedure or if you can afford it and hardship will be caused go see a Solicitor well versed in Traffic matters.

DVD
POINTS PANIC!! - dave18
So court's the only option? (I won't do anything if they let me avoid the re-take procedure; the officer 'couldn't say for definite whether that will actually happen.')
Thing is, I live in Lancs and will be going to uni in Aberystwyth. In... 3 1/2 weeks. My part time job is delivery driving and would be immeditely available to me during any holidays, giving me extra cash for uni. Whether the re-take would therefore be classed as damaging to my livelihood I don't know, but anyhow I can't go to court!
POINTS PANIC!! - Pugugly {P}
1. Just to point out that if this was a conventional stop, i.e.
laser or vascar it isn't a revenue collection booking. From what I gather Hypothication is restricted to Fixed and mobile camera systems. This seems to be a and simple straight forward booking. Hopefully you got booked in a 40 rather than a 30 if it was a 30 you were d****d lucky to get a FPT.

2. As DVD points out there may be Special Reasons not to disqualify. You don't have to plead not guilty or even appear (in theory)in Court, your brief could argue your case in your absence, however in practice the Bench would probably want "on Oath" evidence from you. It may be worth your while to prusue this and follow the route that DVD suggests.

3. To be candid DVD puts his finger on it in that you have only passed your test for 20 months and to amass 12 points in that period in unlucky or d*****d careless. If visibility was that bad whereby you couldn't recognise the Police car (I presume it was marked) how could you expect to see a pedestrian or cyclist in the road. Just food for thought. Remember the Speed Limit has always been a maximum and not a target to be achieved.

In conclusion, speak to a brief (via CAB for free) and see whether there is any future with the Special Reasons.
POINTS PANIC!! - Robert Fleming

www.dvla.gov.uk/drivers/endorsem.htm#6. The Road Traffic ( New Drivers) Act 1995


Regards


Rob F
POINTS PANIC!! - dave18
Rob, thanks for that. Already been there, then panicked.
Pugugly - this would be my second fixed penalty.
Thanks everyone for the advice! I'll get my license sent off, talk to CAB about Special Reasons and then sit tight.
POINTS PANIC!! - Tim
Dave,
Take the re-test in Aberystwyth and forget about court action. Very rare to fail there... hill-starts are a bind ....Penglais Hill/Primrose Hill is guaranteed to be the place to do it (1:6? hill in places). No dual carriageways, two roundabouts and thats about it. Then after you've passed your test, head off on the mountain road to the Elan Valley....fantastic road! Alternatively go to yyns las beach (nr borth) where there's a great beach to drive onto and practise doing silly things!

Good luck with whatever you decide and enjoy Aber.... great place to study!

Tim
POINTS PANIC!! - Tom Shaw
Unfortunately Dave, there is no right of appeal against reverting to provisional status after amassing six points in the first two years of driving. Your only hope is to go to court and get a "Not Guilty". If the conviction stands your licence goes, there is no discretion.

You are not alone in this, I have two pupils with tests coming up who had their licences removed for the same reason. The good news is that it cannot happen to you twice, your next test pass will be permenant.
POINTS PANIC!! - Ian (Cape Town)
Tom,
I take it from the above that ONE 6-point offence would be the end of a youngster's driving for a while.
As a clueless foreigner, could you give me an example of a 6-pointer offence?
POINTS PANIC!! - Tom Shaw
Ian,

One of the lads I mentioned who lost his licence for amassing six points managed it in one hit by driving his mates car which he wasn't insured for. Six to eight points for that one.
POINTS PANIC!! - Ian (Cape Town)
Thnx.
Do you know if there is a website where I could check and see the points 'structure' in the uk?
ie, driving at 40 in a 30 zone = 3
crossing barrier line = 4
POINTS PANIC!! - Dwight Van Driver
Ian(Cape Town)

Using the Keyword - Road Traffic Offenders Act 1988 - should bring up the Act verbatum. Go to Schedule 2 and they are all listed.
Fines mentioned Level 1 - £200
Level 2 - £500
Level 3 - £1000
Level 4 - £2500
Level 5 - £5000

DVD
(PS As a favour just pop across to Jo'burgh and make sure
J2J doesn't come back from the Conference)
POINTS PANIC!! - dave18
I missed the post about insurance/6-8 points for not having any... I've done this once, drove my mates Panda round the block to see if he had any reason to worry about his gearbox (he did, it is grinding into each gear.) Interesting to know I'd get maybe 8 points for this. Silly thing to do. Punishment hardly consistent with other examples is it.
Sorry I'm feeling bitter about anti-driving laws today. I got a parking fine in the swimming pool car park.. the signs are hardly clear and you assume the parking fee is included in the £2 off-peak charge to swim.
POINTS PANIC!! - The Watcher
I gather some 50,000 people have had their licenses taken off them for being over the points limit within 2 years of passing the test.

So far, only 26,000 have taken re tests. The DVLA concludes the rest may be driving without a license!
POINTS PANIC!! - Ian (Cape Town)
hehe - here they don't even bother taking a test in the first place!
Estimated 55% of our drivers are either unlicensed or driving on a 'dodgy' license. (ie bought for cash)
POINTS PANIC!! - cockle {P}
Ian

In the words of Gilbert & Sullivan, I have a little list.
It's a little old now but is still pretty current I believe.

Speeding 3-6 points
Driving unlicensed 3-6
Driving without insurance 6-8
Driving after medical loss of licence 3-6
Driving while disqualified 6
Failing to stop or report after accident 5-10
Careless or inconsiderate driving 3-9.

In addition the offences carrying statutory disqualification all carry 3-11 points.

This may not be definitive but I think it'll give you enough to be going on with!! As you can see there are plenty of sins to choose from.



Cockle
POINTS PANIC!! - Ian (Cape Town)
Does the "6-points and you're out" apply to all new drivers, or jusyt for the 'young'?
POINTS PANIC!! - Tom Shaw
There is no "Ageism" in the act Ian, it applies to everyone. With the number of speed cameras in use nowadays, the safest thing to do is pass ypur test and don't go near a car for two years.
POINTS PANIC!! - Ian (Cape Town)
Thanx.
Our local politicians keep proposing a similar system, but as mentioned above, hardly anyone has a license anyway!
Even the new, improved fraudproof credit card style license - which has to be renewed every 5 years - is already being forged! Banks won't accept it as a form of identification...
POINTS PANIC!! - graham sherlock
Let's face the facts of the case. You were doing over the specified limit. if you were travelling at or below this speed, you wouldn't have been pulled. Simple. It was down to you, so take the hit and put it down to experience. Sympathy but that's all. And no, I've never been caught speeding, yet!
POINTS PANIC!! - Graham
I wondered if the voice of reason would appear!

What's the point of bleating about it. You broke the law you pay the price! Simple.

Grow up. That's how things work around here. Learn your lesson and make the roads safer for all of us.
POINTS PANIC!! - Toad, of Toad Hall.
You broke the law
you pay the price!


Muggers don't. Burglars don't. Shoplifters don't. Even rapists are released to escape.

Motorists are the only group of criminals who *don't* get a mandatory caution for a first offence.

Is it so unreasonable to expect the police to regard us as highly as they regard muggers or shop lifters?

--
Parp, Parp!
Note: All Toad posts come with an implied smiley.
POINTS PANIC!! - terryb
Toad

I think we'd all argue for a levelling UP, so everyone paid the price, rather than a levelling down, where no-one did. That's called anarchy.

:o)
Terry
POINTS PANIC!! - BrianW
"Muggers don't. Burglars don't. Shoplifters don't. Even rapists are released to escape."

Even murderers serving life sentences are released on bail after two years so that they can appeal against their conviction.
Surprise, surprise, they jump bail.
Madness.
POINTS PANIC!! - Toad, of Toad Hall.
Even murderers serving life sentences are released on bail after two
years so that they can appeal against their conviction.
Surprise, surprise, they jump bail.
Madness.


Meanwhile 18 year old students are deprived of work to pay for their studies.

Tony sees people who look after themselves as the lowest of the low.

I work. So I get taxed, my pension gets taxed, at every corner is a Rozzer trying to cost me my career.

If I was unemployed and illegally driving an unregistered car I'd have no pressure at all. State covers all bills.

No wonder Tony laughs at people like me. Working and driving legally is stupid.



--
Parp, Parp!
Note: All Toad posts come with an implied smiley.
POINTS PANIC!! - dave18
Thanks, I wanted to say this in my original post but didn't for fear of my question re: an appeal not getting answered and a row being sparked!
Maybe I should give up my insurance and license and buy a £100 Fiesta when I'm there... ;)
POINTS PANIC!! - dave18
I'm sorry that I see that particular stretch of road as carrying an unreasonable limit. I went over that limit and asked if there was any appeal outside court! Thats all.
POINTS PANIC!! - Mark (RLBS)
People,

The conversation here is not about politics, pensions, burglars, muggers, etc. etc.

Neither is this Forum.


Mark (RLBS)
Moderator at Work

mailto:mark_moderator@honestjohn.co.uk
POINTS PANIC!! - BrianW
Sorry, Boss.
Please delete my off-topic comment.
POINTS PANIC!! - Toad, of Toad Hall.
Graham started it!

--
Parp, Parp!
Note: All Toad posts come with an implied smiley.
POINTS PANIC!! - Robert Fleming
Dave,

I had a look at the website and it seems that, because your licence will be revoked, not disqualified, the 'special reasons' defence does not apply. I hope this is not the case.

When you add up the cost of getting back on the road again, it does seem rather extortionate.

Fine £60
Provisional licence after revocation £29
Practical driving test £38
Theory test £15.50
Upgrading from provisional to full £18

Total £160.50

Still, on the positive side, as you won't be technically 'disqualified', all your insurers need to know is that you have 6 points, not three.

Regards

Rob F

POINTS PANIC!! - dave18
Leaving £9.50 change out of the £170 I just sold my Playstation 2 for, which originally would have helped clear my £370 credit card bill which will now accumulate interest and take a chunk out of my student loan.
Such is life... gotta love this country.
POINTS PANIC!! - graham sherlock
Things I've never been called in my time, and one is the voice of reason, thanks Graham. One final point is theproof, if it were needed that Toad seems to be one of those 'Wasn't me, I didn't start it. officer!' types.

Stands back and waits for the inevitable retort...
POINTS PANIC!! - Toad, of Toad Hall.
Toad seems to be one of
those 'Wasn't me, I didn't start it. officer!' types.


Having seen first hand the victim of a mugging get the upper hand and go to *crown* court to be convicted for his self defence I'm well aware that the police don't give a t*ss who starts it.

--
Parp, Parp!
Note: All Toad posts come with an implied smiley.
POINTS PANIC!! - Ian (Cape Town)
Things I've never been called in my time, and one is
the voice of reason, thanks Graham.


I wouldn't be so proud of the nickname - I recall the arch-conservative Woodrow "send-em-back ... bring back the birch ... bring back hanging" Wyatt had that as his byline when he wrote for the Sun...
:)
POINTS PANIC!! - Armitage Shanks{P}
Just checking Graham! Is it that you are very good and don't speed, or that you do speed and haven't been caught (yet)? Your post is slightly ambiguous!
POINTS PANIC!! - volvoman

Dave18 - I would just add to all this that not agreeing with a rule or law is not a sound reason for ignoring it or an effective defense. The trouble is that nobody thinks they're going to get caught until they are and nobody thinks they're going to have an accident until they do. We all think we can stop in time until the day comes when we find we can't and lives are often lost. Sadly in my opinion most speeding is a waste of time - how often does some to??er roar past and/or cut you up only to be caught up at the very next queue, junction, set of lights ......- it's pretty much like lane hopping - a total waste of time ! Learn from your experience, slow down and live to enjoy uni. Good luck.
POINTS PANIC!! - dave18
I'm not suggesting I was right or wrong, I did 30 through the village and sped up a little once the road led straight on from the roundabout and was much quieter. Oh well, I'll just have to see what happens.
POINTS PANIC!! - Toad, of Toad Hall.
I'm not suggesting I was right or wrong, I did 30
through the village and sped up a little once the road
led straight on from the roundabout and was much quieter. Oh
well, I'll just have to see what happens.


I don't think Volvoman was suggesting it was right for you to lose you job D18.

--
Parp, Parp!
Note: All Toad posts come with an implied smiley.
POINTS PANIC!! - dave18
I've not lost it yet... I mean, my license hasn't yet been endorsed/removed... ;)
POINTS PANIC!! - Toad, of Toad Hall.
I've not lost it yet... I mean, my license hasn't yet
been endorsed/removed... ;)


..and you could re-take before the Xmas Vac and not lose Xmas income.

--
Parp, Parp!
Note: All Toad posts come with an implied smiley.
POINTS PANIC!! - dave18
Yep the main problem is not letting my stepdad realise my car will be parked up at Aber for a while due to me having no license, ie I'll have to stop driving in a few weeks if I get it revoked.
POINTS PANIC!! - THe Growler
We have same as Ian's system. Lovely thing full of holograms and nice colors. Completely meaningless. I've got 3 licenses, all completely genuine, all acquired through the "system". Get nicked, cop takes one off me, still got two more. Our compulsory "driver re-education" seminar before getting back the license is easy, there are guys hanging round outside the license office you can pay to sit it for you....:-)

If you do decide to do it yourself (Madam did) there is someone who inhabits the washroom and will sell you a small cribsheet with the answers on!



POINTS PANIC!! - Dwight Van Driver
...and before you ever think of it:
A person is disqualified from obtaining a licence authorising him to drive a motor vehicle of any class so long as he is the holder of another Licence authorising him to drive a motor vehicle of that class, whether the licence is suspended or not.
Section 102 Road Traffic Act 1988.

DVD
POINTS PANIC!! - dave18
Obviously. I mean that in a polite manner - thanks for the help.
Worst case scenario is I'll be driving again properly by christmas.
POINTS PANIC!! - Robbo
Hint: if you are going to speed (and let's face it we all do)spend £100 or so on a radar detector. You wouldn't be in this pickle now if you had had one. I wouldn't be without mine now (it is surprising how many Gatso's are not 'live' !)

Robbo
POINTS PANIC!! - BrianW
My daughter was in a bit of a tizzy because she thought she'd been flashed in her second day of driving on her own in a new delivery job.
It's well over two weeks ago now and no NIP has arrived at her employers so far as she knows, so fingers crossed.
The location of that camera is now firmly implanted in her memory!
POINTS PANIC!! - dave18
I SHOULD HAVE GONE FOR ONE WHEN I WAS LOOKING....
*Kicks self. Hard.*
POINTS PANIC!! - Dynamic Dave
Robbo, which detector are you using, and where to buy for £100?
POINTS PANIC!! - Robbo
Cobra R-218 Laser Superwide. Excellent bit of kit, approx 2 mile detection range of radar AND laser. It lets you know that they are there before you can see them, and before they can get a fix onto you. I bought it through a place advertised in T3 magazine (www.t3.co.uk/) My father-in-law, and my boss were both so impressed that they bought the same ! And no, I have absolutely no connection to either T3, or to Cobra.
POINTS PANIC!! - Robbo
Dynamic,

Do a google uk search for the words cobra & superwide. It'll list numerous sites where you can buy detectors on-line. My model seems to be discontinued, the cheapest now seems to be £130'ish.
POINTS PANIC!! - Dynamic Dave
Cheers Robbo.
POINTS PANIC!! - Stuart M
This may see the start of a new thread (or me redirected to an old one!) but could someone confirm exactly what the position is in terms of radars and the law? Is it illegal to own/use one, or if you get pulled are you totally safe?

Cheers,

Stuart
POINTS PANIC!! - Dynamic Dave
Stuart,

www.clickmotors.co.uk/news/news.asp?News_ID=181

Also discussed some time ago. www.honestjohn.co.uk/forum/post/?f=2&t=6715
POINTS PANIC!! - Robbo
When I fist got my radar detector, I used to quickly remove it from the dashboard whenever I saw a "Jam Sandwich". However,I soon got fed up with that, and since than have stopped alongside, in front of, and behind, numerous marked and un-marked police cars, in numerous different counties, and despite the detector being clearly visible (and audible in one instance) not a word has ever been said by Mr Plod.
POINTS PANIC!! - Stuart M
Thanks chaps - I might start saving my pennies for one. I can think of it as an 'investment'!
POINTS PANIC!! - Robbo
Forgot to say; if you get a radar detector, keep it out of sight if you take the car to France. They are still illegal over there, and I have heard rumours of cars with detectors being impounded by the friendly English-loving French Gendarmes. (probably an urban myth, but not a risk I am prepared to take)
POINTS PANIC!! - dave18
How much for a decent one.