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


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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.

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  1. #1
    ol34
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    Default Soon to have 12 points

    IS this the right place to ask??

    I currently have 9 points on my licence (6 speeding, 3 driving on my mobile)

    Soon to have another 3 for speeding..

    I have recently been made redundanticon so need to have a licence to attend job interviews and will need a licence for any job that i take in my current industry.

    So questions
    1) I have a genuine sob story to tell, what is the best way to plead my case?

    2) If I am banned how long potentially could it be for?

    3) My next lot of points come off in December, although that is the date I was caught it was not until the following july that I was convicted. When would the points come off my licence?

    Many thanks

    Claire

    Similar Threads:

  2. #2
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    Default Re: Soon to have 12 points

    Claire,

    The totting up procedure is based on points within the last 3 years. I believe for the minor offences it is from the date of the offence.

    I think it is normal to get a 6 month ban for totting up. The only way of avoiding this is if you can prove to the court that to ban you from driving will cause you exceptional hardship. This will relate to perhaps family members who depend on you for transportation, such as elderly parents, those with a disability who you transport on a regular basis.

    I would suggest you google "exceptional hardship" as it does come up with a number of hits in relation to totting up.


  3. #3
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    Default Re: Soon to have 12 points

    Quote Originally Posted by ol34 View Post

    So questions
    1) I have a genuine sob story to tell, what is the best way to plead my case?
    Only as mitigation of sentence. A sob story does not affect guilt
    2) If I am banned how long potentially could it be for?
    6 Months

    3) My next lot of points come off in December, although that is the date I was caught it was not until the following july that I was convicted. When would the points come off my licence?

    For the offences that you have listed, points count for totting for 3 years from date of offence. They can come off the licence after 4 years. You need to be sure of your dates.


  4. #4
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    Default Re: Soon to have 12 points

    I realise you won't like this but you have done this to yourself.

    We all STOP and turn of the engine to answer the phone. or don't answer it at all. I pass mine to the kids if I am driving. Just so I don't answer it.


    As to speeding, sorry but after the first time you got a ticket why didn't you stop speeding?

    It really does make me sick, when you complain about getting caught and a sob story.

    You drove to fast, you got found out, deal with it. Accept you were at fault and find another job and use the bus.


  5. #5
    ol34
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    Default Re: Soon to have 12 points

    Thank you. Absolutely no mitigation of guilt...am totally guilty!! My question is around what is the best way to pleade my sad story to reduce/ affect my ban.

    The first 3 points come off my licence/ totting up in december, 27th. Does the 6 months apply regardless of when your last points come off??


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    Default Re: Soon to have 12 points

    Ol34, I'm glad your a really person who admits they went to fast.

    You can buy a Street Angel, for £30 after you sort this out it tells you to slow down as it knows where the speed signs are.

    i don't know about the speeding, but a friends husband did need his for work and did get his added on to the orignal points so he wouldn't get banded, but still kept the new points after the old came off.

    Just write it out first so you an make sure it sounds Ok, that way you won't forget what you wanted to say. But it will affect how much you pay with insurance as you have to tell them you have got the points.


  7. #7
    ol34
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    Default Re: Soon to have 12 points

    Breeze

    Thanks for your response, of which I take great offence of which I am sure this was your desired target.

    As indicated I do have a sob story, it is a dire and very upsetting one, and at this point in timeI would love to inflict the same on to you so then you can realise how totally rude and off the mark and unnecessary your comments above are. Sometimes senarios such as you outlined above are not as clear cut as they seem to you sitting tapping away on your computer.

    I asked for advice not judgement from someone who does not know my story. Please refrain from crusades and frustration out lets, this is not the site for it.

    You owe me an apology for offering judgement and essentailly abuse for a situation that you do not understand. I am waiting.


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    Default Re: Soon to have 12 points

    Hi o134,
    Have you tried pepipoo, they seem to specialise in these type of incidents, There are many posters on that site with similar problems as yourself.
    regards

    Please remember our troops, fighting and dying in our name. God protect them.

  9. #9
    ol34
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    Default Re: Soon to have 12 points

    Lets Help,

    thank you. really useful...thank you for being helpful rather than antaganistical like breeze!!


  10. #10
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    Default Re: Soon to have 12 points

    Quote Originally Posted by ol34 View Post
    Lets Help,

    thank you. really useful...thank you for being helpful rather than antaganistical like breeze!!
    I'm sorry but i agree with breeze, you done the crime now do the time
    What she said is true, all your points are for driving dangerously
    If you dont want the points, don't speed! Like breeze said i would've slowed down after my 1st 3 points
    And dont use your mobile while driving, get a bluetooth
    People like you make my blood boil, what if you killed someone?
    What then, oooh i'm sorry officer but that child shouldn't have run out in front of the car while i was on my mobile!!!

    ARRRGGGHHHH!!!!

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  11. #11
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    Default Re: Soon to have 12 points

    Quote Originally Posted by callumsgran View Post
    What she said is true, all your points are for driving dangerously
    If the OP had been driving dangerously then she would have been prosecuted for that, not for speeding. Your comments are not helpful to the OP so why make them? She has admitted that she was in the wrong and now all she wants to do is get advice on presenting mitigation to the court. It's something that people do all the time when they are up before the magistrates.


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    Default Re: Soon to have 12 points

    ol34-completely over the top remarks-pack this in please.-and can others stop winding her up.

    she has been straightforward with her plight-she was presumably just looking for a couple of answers.

    This personal stuff gets nowhere.

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  13. #13
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    Default Re: Soon to have 12 points

    Quote Originally Posted by breeze1996 View Post
    We all STOP and turn of the engine to answer the phone. or don't answer it at all. I pass mine to the kids if I am driving. Just so I don't answer it.
    So you handle your phone while driving - even if its just passing it to someone else?

    Ignore me, bored in a work training session!


  14. #14
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    Default Re: Soon to have 12 points

    Quote Originally Posted by aj84 View Post
    So you handle your phone while driving - even if its just passing it to someone else?

    Ignore me, bored in a work training session!
    I dont see a problem with her passing her phone to the children, (to answer) just in case it goes off while she is driving
    I used to do the same until i got my bluetooth
    Best thing i ever bought
    £20 for a bluetooth or £60 fine and 3 points?
    I know which ive chosen

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  15. #15
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    Default Re: Soon to have 12 points

    Well normally nor do I but from what I know, they pull you over if you even hand it over (and they see this)
    Something on the lines of not having full control of the car? I might be wrong but I know for a fact I've seen it before on various forums about passing it over and as one hand is off the wheel and on a phone - they class it as using it


  16. #16
    ol34
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    Default Re: Soon to have 12 points

    callums gran

    i cannot believe that you pass your phone whilst driving!!! i bet even a quick glance before answering just to see who it?

    AJ is totally correct and with children in the car!!!! your children!!?? hand off the wheel even for a fraction of second...think about that poor little child who ran out into the road just as u glanced at ur mobile and passed it toa kid who is then squasheed..

    this is much worse than my offence, parked in a laybay with my engine on talking on my phone....unfair..yes...da ngerous...no..time to get off off that soap box yet? or realise that before attacking sometimes you need to read more clearly and ask before usijg other people to vent mis directed anger


  17. #17
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    Default Re: Soon to have 12 points

    I beg your pardon?




    I havent said i pass my phone to my children, my youngest CHILD is 22 yrs old and held my phone for me whilst i drove and answered it if it rang!!!

    Please do me the courtesy of reading my posts properly.


    I will not say anymore on this thread

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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  18. #18
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    Default Re: Soon to have 12 points

    Quote Originally Posted by ol34 View Post
    this is much worse than my offence, parked in a laybay with my engine on talking on my phone....unfair..yes...da ngerous...no..time to get off off that soap box yet?
    That is so petty!!! The law when they wrote it wasnt meant to screw people in laybys!!!! People stopped in traffic yes, I can see the point, but in a layby is im sorry rediculous that a copper even bothered to prosecute!!!! Surely the ONLY issue in a layby is environmental and certainly not something to be dealt with by penalty points!!

    As with the others be sure of the dates for the past offences. From what i understand its 3 years for totting up purposes but still on the license for 4 years. IE in theory you could have 9 points shown on license but 6 points for totting up purposes. You may be lucky if those 3 points came off the license back in december.


  19. #19
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    Default Re: Soon to have 12 points

    Anyway back to the advice; get a solicitor to plead your case, dont do it yourself. if you can get a job before the court hearing that will help the plea, that if you loose licence you may loose job as well.
    unfortuntely points start from the date of conviction not offence, so it will be july, the date should be on your licence.
    I was lucky got 14 points and still kept my licence but got a whacking great fine though. Its all claen now 4 years ago.
    good luck.



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