Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Red face Speeding - 12 points - Exception Defence

    Hi All - So i am due up in court as i have totted up, but i am pleading exceptional defense.

    As below:


    I am representing myself due to severe financial restrictions.
    A) I admit responsibility for the offences, and am in the process of trying to enroll on a speed awareness course in Hampshire.
    I would like to offer the following mitigation
    B) Both my parents are incapacitated;
    a. I attach a copy of my fathers current Disability Blue Badge
    b. A signed letter from my father validating the disability
    c. A signed letter from my mother validating that she is currently invalid following failed remedial knee surgery and has previously been my fathers’ carer.
    I am there single link with the outside world carrying out shopping, running errands and in general acting as there carer.
    It is not anticipated that my mother will be able drive or care properly for my father for another 5 to 8 months.
    C) Affect to Job and co-workers.
    a. A letter from my employer is attached
    b. The Justices will note that my home post code is XXXX, but I work at XXXX, a total round trip of 110 miles, further my job means that I travel extensively in the US.
    c. Also due to the remoteness of the office were I work, it is not accessible by public transport.
    d. As a top performer at the business, should the company need to let me go – if I am no longer able to carry out my job effectively – then this would effect all of my current colleagues.
    D) Summary
    The effect of a ban would be devastating on m family and co-workers; I ask that courts view these exceptional circumstances to avoid a ban if at all possible.
    However if a ban is not avoidable the courts view the situation sympathetically and see that by enrolling on a speed awareness course I am taking pro-active measures, and consider providing relief with a shorter ban.
    Thank you for your consideration.

    Any thoughts/improvements?

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  2. #2
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    Default Re: Speeding - 12 points - Exception Defence

    "I am there single link with the outside world carrying out shopping, running errands and in general acting as there carer." should be "their"

    "
    further my job means that I travel extensively in the US." - I don't see how this would be relevant to a UK Court.



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  3. #3
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    Default Re: Speeding - 12 points - Exception Defence

    Cheers AlphaGeek - English is not up to scratch.

    As for the US element; if was banned from driving, i would not be able to hire a car and thus carry out my job.


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    Default Re: Speeding - 12 points - Exception Defence

    Oh, ok - so you need a UK license to hire a car in the US. I'd make this clear in your defence in case the magistrates make the same mistake I just made.


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    Default Re: Speeding - 12 points - Exception Defence

    they have public transport in the States....

    also expand on the nature and effects of the exceptional hardship to others - its supposed to be a hardship for you !


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    Default Re: Speeding - 12 points - Exception Defence

    D) Summary

    As a
    disqualification would have a devastating effect on both my family and co-workers, I ask the Court to be lenient and avoid imposing such a penalty.

    Should the Court not have discretion in this matter, I would ask that the fact I have enrolled on a speed awareness course be taken in to account and that this pro-active measure would mean consideration being given to a short-term disqualification.

    Good luck



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  7. #7
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    Default Re: Speeding - 12 points - Exception Defence

    the 'devastating effect' is only claimed. there are no details to back up the claim...


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    Default Re: Speeding - 12 points - Exception Defence

    Taken what you have said on board....
    though 'carer' in the definition of the law is someone who deals with food, errands, obtaining medicince i.e. everything a non disabled person would do themselves.....thus this would set the premise of 'devestating effect'
    Have to try, having taken legal advise, the general feeling of the 2 solicitors contacted is that i have a strong case for exception.
    _________________________ _______________________
    I am representing myself due to severe financial restrictions.
    A) I admit responsibility for the offences, and am in the process of trying to enroll on a speed awareness course.
    I would like to offer the following mitigation
    B) Both my parents are incapacitated;
    a. I attach a copy of my fathers current Disability Blue Badge; he has difficulty walking, spinal injuries and his sight is failing.
    b. A signed letter from my father (Aged 73) validating the disability
    c. A signed letter from my mother (Aged 67) validating that she is currently invalid following failed remedial knee surgery and has previously been my fathers’ carer.
    I am their single link with the outside world carrying out shopping, running errands and in general acting as their carer. Their only immediate family is in India and my sister who her-self has a young family is not within a commutable distance, I on the other hand live 400m from my parents; without my care and intervention they would be isolated and unable to lead a near to as normal life as possible, this includes providing them with food, medicine and the like.
    It is not anticipated that my mother will be able drive or care properly for my father for another 5 to 8 months.
    C) Affect to Job and co-workers.
    a. A letter from my employer is attached
    b. The Justices will note that my home post code is XXXX, but I work at XXX, a total round trip of 110 miles
    c. Also due to the remoteness of the office were I work, it is not accessible by public transport.
    d. My job means that I travel extensively in the US and need to hire a car to carry out the companies business.
    e. As a top performer at the business, should the company need to let me go – if I am no longer able to carry out my job effectively – then this would affect all of my current colleagues.
    D) Summary
    The effect of a ban would be devastating on my family (with respect to caring for my disabled/invalid parents) and co-workers (as highlighted by my employee letter); I ask that courts view these exceptional circumstances to avoid a ban if at all possible.
    However if a ban is not avoidable the courts view the situation sympathetically and see that by enrolling on a speed awareness course (with DriveTech, www.drivetech.co.uk) I am taking pro-active measures, and consider providing relief with a shorter ban.
    Thank you for your consideration.


  9. #9
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    Default Re: Speeding - 12 points - Exception Defence

    The court may ask who fills in for your long distance caring role when you are working in the states. there is an obvious conflict with the 'extensive' US traveling.


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    Default Re: Speeding - 12 points - Exception Defence

    Fair point - but then 1 once every 3 months is extensive enough? - thats what i tend to do.

    Out on Tue evening back on Fri AM....leave enough food and an emergency contact number..
    The carer roles only been going on this last year since my Mum first knee operation failed...

    I guess the US bit needs to come out...and become 'occasional foriegn travel for which...'



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