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By robert_harper_2000 · Posted
Also tried it in Edge as well as Chrome -
By Man in the middle · Posted
No. As I explained in post #8, that argument is only available for "totting up" bans (i.e. 12 points within three years). In any case, even when considering that argument, loss of employment alone would not normally be sufficient for the argument to succeed. Here's the Magistrates' guidance on the matter: When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following: It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn. Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence; Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive. If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account. Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable; Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others. When you consult your solicitor, be sure to emphasise that it is driving without consideration that you have been charged with and not careless driving. As I have explained, there is a difference between the two in what has to be proved. From your description of events, you seem banged to rights for careless driving (and I cannot imagine why you have not been charged with that), but the offence with which you have been charged is nowhere near so clear cut. Do let us know what you are advised. -
Until you get a Letter Before Claim, just ignore them. Anything else is hot air from paper tigers. Come back here immediately though if a Letter Before Claim does turn up.
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By NotQuiteTheRock · Posted
Briefly, but I have no idea what I'm supposed to be looking for. -
By robert_harper_2000 · Posted
It won't allow me to send the defence? on the Money Claim site. I've tried to copy and paste and then tried typing and pasting removing formatting. Have you had any of these issues?
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