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Man in the middle

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Man in the middle last won the day on January 10

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  1. What you are asking them to do is to undertake the duty that you have. All vehicles must either be taxed or SORNd. The decision is yours but you have an obligation to do one or the other. Alas you will be unable to take advantage of the six month time limit on prosecutions. The offence you have committed is not failing to tax your car. If it was, that would have occurred the day after it expired and you could not be prosecuted beyond six months after that date. The offence you have committed is keeping a vehicle that has been neither taxed nor SORNd. It is a continuous offence and
  2. The option of a short ban is a forlorn hope, I'm afraid. Although a ban can be imposed for any offence which attracts an endorsement and points, any one of your offences would normally only attract 3 points (in fact every one of them is within the range where a course would be offered). To ask the court to ban you for any or all of them would be asking the Magistrates to sentence you considerably outside their guidelines and there is no justification for them to do so. Furthermore, Magistrates have supplementary guidance which suggests that where they have an option of points or a
  3. You need to prepare an "Exceptional Hardship" argument to put before the court. As I'm sure you know, you will get twelve points for these offences and that will see you face a "totting up" ban of six months. This can reduced to zero if you can show that "Exceptional Hardship" will follow for you or others if you are banned. Here's the Sentencing Council's guidance to Magistrates on the mater: 3. ‘Totting up’ disqualification – Sentencing (sentencingcouncil.org.uk) You will note that loss of employment by itself is not usually considered "exceptional." However, the ad
  4. Of course it is allowed. If they were allowed to give only (say) two in 48 hours, you could commit your two offences then commit as many more as you like free of charge. A sort of "BOGOF" if you like! You could try a begging letter to them saying that you had not noticed the changes to see if they will be lenient, but I doubt it.
  5. An offer of a course or fixed penalty is made entirely at the discretion of the police. Although they have guidelines (issued by the National Police Chief's' Council) showing the speeds at which courses and fixed penalties should normally be offered, they are guidance and not law. They may offer you an out of court disposal or they may not, it's entirely up to them. They won't offer a course where they believe there is insufficient time for you to book and complete it before the six month time limit for prosecution kicks in. Exactly when this is will vary depending on the availabil
  6. You have to have a "reasonable excuse" to leave home. The list of reasonable excuses provided in the legislation in not exhaustive (which means you can leave home for a reason that is not listed provided it is considered "reasonable"). However the list includes to attend a funeral (Exception No. 7) and it also includes a "Death Bed Visit" where you can visit someone whom you reasonable believe is dying (Exception No. 6).
  7. Manxman has got it right and I fear you may be in a bit of a pickle. If the alleged offence was in late September you should have replied providing the driver's details by late October (you are given 28 days to respond). By now there is every likelihood that proceedings have begun against you for "failing to provide the driver's details." So you need to concentrate on that rather than the speeding matter for the moment. You seem to know almost precisely where this took place. How do you know that? I would imagine it is from the "Notice of Intended Prosecution" and the
  8. For offences where a ban or points are appropriate, provided the speed is not "excessive", points are the usual option provided there are no "aggravating circumstances" (such as driving an HGV, near a school, very bad weather, etc.). This is especially so where the driver has a clean licence. Your offence falls into the middle band (of three) of seriousness. It is only the top band (speeds > 40 in a 20 limit, >100 in a 70 limit) where the "excessive" issue comes into play. would be most surprised if you were banned for that offence and even if you were it wo
  9. The National Police Chiefs' Council's policy on speeding enforcement suggest that speeds of 35mph or above in a 20mph area should be dealt with by way of court action. All forces in England & Wales usually follow those guidelines so it is more than likely your matter will be dealt with under the "Singe Justice Procedure." Magistrates' guidelines for that speed suggest a fine of a week's net income (reduced by a third if you plead guilty) together with either a ban of up to 28 days or 4 to 6 points. Points are far more likely. That band of seriousness covers 31 to 40mph so you c
  10. Yes Manxman has near enough covered it. Your wife must prove to the court that the measurement in her particular case cannot be relied upon. She will be hard pushed to do that. Showing that "this might have happened" or "that may have malfunctioned" will not do. She should be offered a speed awareness course for that speed provided she has not done one of the applicable type (there are three) within the last three years. This will cost her about £100 and three or four hours of her time but, crucially, no points. If she does not fancy that or it is not offered the alternative is a f
  11. It might be worth contacting the issuing office to ask why you have not been offered fixed penalties for any of these as all of them would normally qualify. That aside, you need to wait for the remining SJPNs to arrive and write to court to ensure they are all heard at once. This is really important because if you do make a successful EH argument and a later offence raises its head you cannot make the same argument again.
  12. Have they not made you any Fixed Penalty Offers?
  13. No you don't have mitigating circumstances. They are matters which lessen the seriousness of an offence or offences. You haven't mentioned anything that suggests that. As I explained, if you are banned you might successfully argue that you will suffer "exceptional hardship". That is where your medical evidence will be of benefit. But first things first - have you responded to all five requests for driver's details?
  14. First of all, are you sure you have a ticket for doing 34mph? That would be most unusual as the guidelines issued by the National Police Chiefs’ Council suggest action is not taken below 35mph. All police forces in England & Wales usually comply with those guidelines. It doesn’t particularly matter. If you have five tickets you have five tickets. It’s just that I have heard a number of reports of drivers seeing action below 35mph but have never seen a substantiated case. So it’s only for my own interest. The first of your offences should qualify for the offer of a speed awarene
  15. I need to know if I can get the 5 speeding tickets heard on the same day to limit the cost and time All the speeding tickets were on the same new camera within 4 days of each ticket.  There were no white lines just a small row of silver dots.  The speeds were between 35 to 39 mph  I am pleading guilty to the charges of speeding.

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