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.

£19.99 + £1.50 (P&P)




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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    angel88 Novitiate

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    Default Asking for photo of offence

    Well this happened to me when I was learning to drive nearly 2 years back. I got a NIP saying I had gone through red light and the car number plate was my ADI who was retiring so I was then with another ADI. It asked if I was driving at the time as my ADI had said I was. My first reaction was that I wasn't driving but when I thought back to the day and time I realised I mite of been, but as I was learning to drive and with the probation for 2 years after passing I really dreaded the thought of getting points on my licence before I'd even passed my test. Also when I thought back to what happened on the lesson the day on the NIP I remembered the traffic lights in question when I was close to them they changed to amber so I went to stop and realised I was going to cross the line before I could stop as I was too close so carried on my ADI didn't say anything about it so I assumed I'd done right thing as the light was amber not red.

    Well when I got the letter saying they believed I'd gone though red light I replied saying I didn't normally have a lesson at that time and could they send me a photo of the car going through red light. This was August 07 and I never heard any thing back so wondered if it could of been amber light I was flashed going through or why didn't they reply. As I said at the time I hadn't even passed my test so I have never contacted the police to question why they never replyed as I didn't want to have the worry of my licence being revoked for the next 2 years. Glad to say I am now a lot better judging when to stop at amber and when I can't and 17 month after passing still no points.


  2. #2
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    Default Re: Asking for photo of offence

    Quote Originally Posted by angel88 View Post
    Well this happened to me when I was learning to drive nearly 2 years back. I got a NIP saying I had gone through red light and the car number plate was my ADI who was retiring so I was then with another ADI. It asked if I was driving at the time as my ADI had said I was. My first reaction was that I wasn't driving but when I thought back to the day and time I realised I mite of been, but as I was learning to drive and with the probation for 2 years after passing I really dreaded the thought of getting points on my licence before I'd even passed my test.
    Information must be laid before a Magistrates Court to issue a summons for an offence of this type within 6 months of the offence.

    Any points for any offence that took place before you obtained your full licence do not count towards the 6 points relevant to the New Drivers Act

    Well when I got the letter saying they believed I'd gone though red light I replied saying I didn't normally have a lesson at that time and could they send me a photo of the car going through red light. This was August 07 and I never heard any thing back
    You may have been prosecuted in your absence for failing to supply. Have you moved address so that a summons, etc. was not received? If so, you need to check with DVLA as to the status of your licence. If you were convicted and did not surrender your licence for points it may have been revoked. If DVLA tell you that your licence is OK, then you can safely forget about the whole incident.

    so wondered if it could of been amber light I was flashed going through
    Not possible. Red light cameras are not active until after a finite time with the lights at red.


  3. #3
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    Default Re: Asking for photo of offence

    I heard any points that you get on provisional do count towards your 6 that you can get after passing unless its 6 points then if you get any more points after passing your licence is revoked.
    I have not moved address since this happened so don't see how I may not of recieved further letters. How do I check if my licence is ok on the DVLA web site?


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    Default Re: Asking for photo of offence

    Quote Originally Posted by angel88 View Post
    I heard any points that you get on provisional do count towards your 6 that you can get after passing unless its 6 points then if you get any more points after passing your licence is revoked.
    Well you have heard wrong

    Road Traffic (New Drivers) Act 1985 s.1 (my bold)

    1 Probationary period for newly qualified drivers

    (1) For the purposes of this Act, a person’s probationary period is, subject to section 7, the period of two years beginning with the day on which he becomes a qualified driver.
    (2) For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—
    (a) any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the [1988 c. 52.] Road Traffic Act 1988;
    (b) any test of competence to drive conducted under the law of another EEA State or Gibraltar.
    I have not moved address since this happened so don't see how I may not of recieved further letters. How do I check if my licence is ok on the DVLA web site?
    You can't do it on the website; you'll need to ring them.

    However, if you have received no further correspondence, then I think that you can reasonably assume that the whole thing was NFA'd


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    Default Re: Asking for photo of offence

    Any ideas why they did not reply to my letter could it of just been a mistake on their side which was lucky for me?


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    Default Re: Asking for photo of offence

    Quote Originally Posted by patdavies View Post
    Well you have heard wrong

    Road Traffic (New Drivers) Act 1985 s.1 (my bold)





    You can't do it on the website; you'll need to ring them.

    However, if you have received no further correspondence, then I think that you can reasonably assume that the whole thing was NFA'd

    Im confused about this and am trying to find the definitive answer.

    "
    "My son has a provisional licence and has just received six points. Does this mean he is banned when he passes his test? I understand that new drivers are only allowed six points. We have been told that because points count on a provisional licence he will have his licence revoked now .... probably for twelve months. He will then have to re-apply for a provisional licence .... then do theory and driving test. The six points stay on for four years .... so if he commits any offence after passing test to October 2012 he will lose his licence again!
    No, because the offences pre-date his probationary period, but if he gets any more points during the first two years after passing his test he will have his licence revoked.
    Here is a detailed explanation:
    The points are on his provisional licence. The New Drivers Act does not relate his provisional licence - only to his probationary licence which he receives for the first two years after passing his test. Thus once his test is passed the points will appear on his probationary licence but because they were acquired on his provisional they will not (yet) count so he will be permitted to keep driving.
    The sting is that if he commits further endorseable offences while a probationary driver - i.e. within the first two years of passing his test - then the points he received on his provisional come into play and his licence will be revoked. This is not a ban - it just means his licence is cancelled and he has to re-apply for it and re-sit his test - effectively he goes back to where he started."


  7. #7
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    Default Re: Asking for photo of offence

    To further muddy the waters, if he receives another 6 points within 3 years (points stay on the licence for 4 years for most offences, but only remain active for 'totting' for 3 years)of the original offence, then revocation will be the least of his worries - he will be disqualified for a few months by virtue of totting up.

    My understanding is that the points received on a provisional licence never come into play as far as the New Drivers Act is concerned. The NDA requires 6 points from the relevant date - as per my post above


  8. #8
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    Default Re: Asking for photo of offence

    Quote Originally Posted by patdavies View Post
    .

    My understanding is that the points received on a provisional licence never come into play as far as the New Drivers Act is concerned. The NDA requires 6 points from the relevant date - as per my post above
    That was my understanding also.

    So if I had 3 points on my provisional licence, passed my test then got another 3 points, the new driver act only counts the 3 which occured after passing my test?



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