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Old 5th September 2007, 12:09   #1 (permalink)
eastham75
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Default 6 POINTS My daughter

Back in March my daughter aged 19 was involved in an accident her fault she hit another car up the rear.
the Police cautioned her.
to cut a long story short.
she received a letter giving her the chance of accepting 3 points on her licence as long as she agreed to go on a drivers awareness course.
she forgot to send the thing off and received a summons for careless driving.
at this shet sent off the form to do the couse and pleaded guilty intending to go to court and hope that as it was her first offence of any sort to appologise show that she was of good character etc and had no other driving convictions or cautions and other than this one accident had 14 months clean licence.
She muddles up the court date and turns up the day after she should have to find out that in her absence they have fined her £200 and slapped 6 points on her licence.
this means that she has to resit theory and practical.
Can she Appeal that this punnishment was a bit harsh for a first ever accident??
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Old 5th September 2007, 12:18   #2 (permalink)
Jeanjaquessmoothie
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Default Re: 6 POINTS My daughter

Doubt it'd be worth it, but I think she'd have the right to appeal. She should've sent the form back, turned up in court on the right day or not hit someone up the backside. She should have been paying attention to where she is driving.

Penalty is a bit harsh, but I suspect it will have taught her a lesson.
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Old 5th September 2007, 12:45   #3 (permalink)
eastham75
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Default Re: 6 POINTS My daughter

I would accept that however this lesson will not only cost her the fine and then the cost of resitting the theory and practical sat another £100 at best but it will cost her her job which is what she has worked so hard to get.
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Old 5th September 2007, 12:47   #4 (permalink)
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Default Re: 6 POINTS My daughter

A son of a friend of mine was in roughly the same situation - basically, he didn't mean to show contempt of the court process, but that's the impression they got and fined him highly. He was all set to appeal and was advised against it as this could be viewed as escalating the contempt and having an even worse outcome. On the plus side, it's a good lesson that puts possible future brushes with the court into perspective! However her insurance premium is also going to go up....
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Old 5th September 2007, 12:54   #5 (permalink)
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Default Re: 6 POINTS My daughter

How many chances does she want?

1
Quote:
Originally Posted by eastham75 View Post
she received a letter giving her the chance of accepting 3 points on her licence as long as she agreed to go on a drivers awareness course
2
Quote:
Originally Posted by eastham75 View Post
she forgot to send the thing off and received a summons for careless driving.
3
Quote:
Originally Posted by eastham75 View Post
She muddles up the court date and turns up the day after she should

Quote:
Originally Posted by eastham75 View Post
Can she Appeal that this punnishment was a bit harsh for a first ever accident??
The punishement was not only for the initial accident, it was also for not taking the recommended drivng course, and not appearing at court hearing.
Its nobodys fault but her own in my opinion

I think this type of punishmet is a great deterrent to stop inexperienced drivers driving badly.

As my instructor once told me
Quote:
You dont learn how to drive, until you have passed your test
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Old 5th September 2007, 13:33   #6 (permalink)
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Default Re: 6 POINTS My daughter

Completely agree.

She had the crash, "forgot" to send the form off and then "forgot" her court date.

Think she needs to prioritise things a little better. I think an appeal would turn out badly
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Old 5th September 2007, 13:36   #7 (permalink)
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Default Re: 6 POINTS My daughter

Why will she have to resit her test on 6 points?
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Old 5th September 2007, 13:38   #8 (permalink)
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Default Re: 6 POINTS My daughter

you only get an "allowance" of 6 points in your first two driving years.
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Old 5th September 2007, 13:40   #9 (permalink)
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Default Re: 6 POINTS My daughter

Under current legislation, if a person clocks up 6 points on their licence within 2 years of passing their first test for any category, then the licence is revoked by DVLA and they have to apply for a new provisional and resit the theory and practical tests.
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Old 5th September 2007, 14:28   #10 (permalink)
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Default Re: 6 POINTS My daughter

Thanks - I have 6 but have had my licence for years.

What job does your daughter do?
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Old 6th September 2007, 12:44   #11 (permalink)
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Default Re: 6 POINTS My daughter

You say that the punishment is a bit harsh for a first offence, but in that first offence what punishment would you have wanted her to receive if she had seriously hurt someone?

If it was me in her situation, at 19 I would have been terrified of what would happen if I didn't comply with the first request, that there would have been no way I'd have 'forgotten' to what I was asked.

Last edited by jackboy; 6th September 2007 at 12:46. Reason: spelling
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Old 17th September 2007, 00:16   #12 (permalink)
Mr. Kipling
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Default Re: 6 POINTS My daughter

Basically it`s a new thing that came in a few years ago. You get 6 points or more in the first 2 years and your licence gets revoked and you become a learner again, then if you get another 6 you get banned cos the original 6 still stand (they stay on for 4 years) and because the total is then 12 then you get banned for either 6 months or a year. Can`t remember which though.

Last edited by Mr. Kipling; 17th September 2007 at 00:23. Reason: addition of something
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