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Received NIP - already on 15 points - advice needed


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In need of some advice with speeding offences please.

 

I recently received a NIP through the post from a fixed rear facing camera for 38mph in a 30 zone.

I am not disputing the NIP-

I know the road well and know the camera is there I must have had a lapse in concentration.

 

The problem is I am currently on 15 points having already successfully pleaded exceptional hardship to escape a totting ban once already.

 

09/2011 6 points sp30

02/2012 3 points sp50

01/2013 6 points sp30 (+ successfully pleaded exceptional hardship to avoid totting ban)

 

I can apply for the first 6 points to be removed this September,

but that still leaves me on 9 points even if I was lucky enough to get a hearing for this new NIP after then.

 

Obviously I will have to go back to court for this NIP and again plead exceptional hardship to avoid a ban.

Could anyone provide any advice?

 

The first time around I represented myself and had no help from a solicitor.

I used several reasons to plead exceptional hardship mainly the fact that I have to drive for work,

and would lose my job if I get a ban, with a letter from my employer to confirm.

 

Plus the fact my partner does not drive and relies on me to take her to work (20 miles away)

and would also lose her job if I was to get a ban.

 

So effectively making 2 people unemployed and probably forced to claim benefits while seeking new work.

 

At the end of the hearing, I was told that all the reasons I used will be recorded

and I will not be able to use the same reasons again in case of accumulating any more points in future.

 

Does this mean I cannot use the above reason again in my plea? As obviously it is still applicable and very important to my case.

 

I may have to involve a solicitor for advice but just wondering if anyone on here can help.

 

Thanks in advance

Edited by ims21
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I don't think getting a hearing after September helps avoid a ban as I think the "totting up" applies at teh time of the offence so the 15 points will still count.

 

I think you are into needing a solicitor terratory definately

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Points are counted for 3 years from date of offence to date of offence, so there's nothing to gain by stretching things out beyond September.

 

You're correct that when making an exceptional hardship case the court can't, or at least shouldn't, take into account any circumstances which you've already used to make an EH plea in the last 3 years. So while it's not impossible to make a second successful EH case, it's very difficult as it would require you to come up with a whole new set of reasons as to why a ban would cause exceptional hardship.

 

Have you done a speed awareness course in the last three years? And was this in an area where they're offered (ie not Scotland)?

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Points are counted for 3 years from date of offence to date of offence, so there's nothing to gain by stretching things out beyond September.

 

You're correct that when making an exceptional hardship case the court can't, or at least shouldn't, take into account any circumstances which you've already used to make an EH plea in the last 3 years. So while it's not impossible to make a second successful EH case, it's very difficult as it would require you to come up with a whole new set of reasons as to why a ban would cause exceptional hardship.

 

Have you done a speed awareness course in the last three years? And was this in an area where they're offered (ie not Scotland)?

 

I have done 1 speed awareness course. Just over 3 years ago.

I'm in an area where they're offered yes.

 

Does this mean I will definitely get offered one for this?

Edited by ims21
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Just checked the date of my last course and it was 1st June 2011. Damn!

 

I'm guessing it goes on date of the speeding offence which was in April this year.

 

What are my best options now?

Edited by ims21
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just checked the date of my last course and it was 1st june 2011. Damn!

 

I'm guessing it goes on date of the speeding offence which was in april this year.

 

What are my best options now?

 

stop speeding!

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I'm sorry but words fail me. I think that's the most helpful advise you can be given.

 

I posted a thread for advice to help with my current NIP. Not to listed to moral digs about speeding. You don't know me and you don't know the situation so if you don't have anything useful to add please don't bother commenting.

Edited by ims21
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I agree. Tbh three speeding convictions and a fourth on the way to be perfectly honest your taking piddle out of the system.

STOP SPEEDING before you KILL someone.

 

Yes I may seem horrible but I've worked in nhs on the front line dealing with the consequences of reckless speeding/drunk/drugged drivers.

 

Sorry but I think you will get banned this time round, besides my personal thoughts above I can not see any magistrate exercising discretion here again. I would expect them to be pretty peeved that you were given an extra chance above and beyond most and blew it :(

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With speed awareness courses the crucial thing is the dates of the offences they correspond to rather than the date of the course itself. Was the offence you did the 2011 course for more than 3 years before the latest offence? If so you should be eligible for one. If not you might still be lucky if the force has join the national scheme in the meantime as they'll be using a different database.

 

And without wanting to be sanctimonious be careful, as if you do get a course it really will be your very last chance for quite a while.

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I posted a thread for advice to help with my current NIP. Not to listed to moral digs about speeding. You don't know me and you don't know the situation so if you don't have anything useful to add please don't bother commenting.

 

You are correct in I have no idea who you are.

 

In regards to the situation, where do you want me to start?

 

You took a speed awareness course (so managed to stop 3 points added to your licence on a technically) YOU then managed to to accumulate an additional 15 points and you now come here asking for advise because you have received a NIP which would give you 3 more points.

 

DO YOU see the pattern? You should have 18 points already. I and only my opinon and not CAGS, hope they throw the book at you.

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I posted a thread for advice to help with my current NIP. Not to listed to moral digs about speeding. You don't know me and you don't know the situation so if you don't have anything useful to add please don't bother commenting.

 

Exceptional Hardship ??? Count yourself very lucky. In my occupation I would lose my livelihood by accruing just 6 points on my licence. No ifs or buts. That is hardship.

Edited by Nimrod205
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You are correct in I have no idea who you are.

 

In regards to the situation, where do you want me to start?

 

You took a speed awareness course (so managed to stop 3 points added to your licence on a technically) YOU then managed to to accumulate an additional 15 points and you now come here asking for advise because you have received a NIP which would give you 3 more points.

 

DO YOU see the pattern? You should have 18 points already. I and only my opinon and not CAGS, hope they throw the book at you.

 

Yes I have come here asking for advice. That's what the forum is for. Not to judge people for what they might have done.

 

Like I said if you don't have anything useful to add then bore off. I haven't got any time for keyboard warriors.

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I think havinastella was just pointing out what any normal person would,you have been caught speeding several times and had a fair bit of leniency so far,how much do you think it will take you to get the message? You come along crying for leniency and you continue speeding on the road,as has been said you are probably going to kill someone,maybe yourself,any judge in his right mind would ban you for at least a year,I for one hope they do.

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Hope you get banned from driving for a lengthy period of time, not to mention having to take your theory test and extended driving test before being given a new license.

 

Why should I, and most other motorists abide by the law and speed limits when a select few people believe they can go out and drive how it suits them.

 

To have as many seeding convictions as yourself clearly shows you have no respect towards driving safely, and in accordance to the law.

 

Harsh it may be, but that's my opinion. I can't see any chance that you can avoid being banned this time around. Hopefully the ban from driving gives you a new outlook, and hopefully you'll appreciate having a driving license is earned and not a right.

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Without being prejudiced to the morals of speeding in any way and this is not meant in any judgmental manner either but

 

Stop speeding is the best advise someone can give you. Even if you do manage to get hardship again, that looks slim to none, the advise is sound as its the only way you would keep your license.

 

As 1 judge said to a friend of mine many years ago. "This is not Tesco Clubcard, Points do not equal Prizes"

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Yes I have come here asking for advice. That's what the forum is for. Not to judge people for what they might have done.

 

Like I said if you don't have anything useful to add then bore off. I haven't got any time for keyboard warriors.

 

As opposed to people who don't learn by the mistakes they make ?

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