Comment on legal advice given please

[baur]

Currently on 3 points, due to expire in 2 months.

 

Recently received a failure to provide letter with copy of NIP and reminder, both of which not received previously.

 

 

Alleged speeding offence 37 in a 30 offence took place in April when I had 6 points.

 

FTP offence carries a 6 point tariff. I appear to be facing a ban.

 

Taken legal advice, as follows :

Plead NOT guilty to FTP, get a court date,

then try and negotiate to have speeding re-instated and FTP dropped.

 

 

If unsuccessful go to court and argue NIP not received and get acquitted.

 

 

Make case I am fully aware of how system works, if NIP received I would have taken the 3 points and sat on 9 points for a matter of weeks before dropping down to 6 and then 3 in 10 months.

 

Your comments would be very welcome.

Baur.

[mikeymack2002]

How long have you held your license for?

[baur]

How long have you held your license for?

 

27 years

[mikeymack2002]

Then under toting up you would not lose your license under the new driver rules. Were you not given the option to take a drivers awareness course at the time? How was the ticket issued? Post or in hand?

 

 

The FTP can be argued at Court. If you choose to go to Court then the penalties could be higher. You may also argue that the loss of your license could cause issues.

[mikeymack2002]

Also have you recently checked what points are on your license? If not see here https://www.gov.uk/view-driving-licence it may pay you to check it out now to see what the score really is!

[baur]

I understand that the FTP point tariff is 6.

 

At the time of the alleged offence I had 6 points on my licence, so 12 = ban.

 

 

What are the new driver rules you mention ?

 

I did not receive the NIP in post so did not reply and was therefore not offered SA course.

In any case I did one 18 months ago so cannot take another one for a while.

 

I am hoping the speed offence will be reinstated and the FTP will be dropped ,

in that case my situation will be 6 ( at time of offence ) + 3 = 9, which I would be every happy with.

 

thanks

 

thanks, just checked. It corresponds with physical licence.

 

 

Currently 3 points. Back in April it was 6.

 

thanks for taking an interest.

 

 

Baur

[mikeymack2002]

The new driver rules apply anyone that has a new license. As you have help yours for 27 years this is of no concern. What may be worrying is why they have taken this amount of time.

 

 

(You really should check the live version of your driver records as this is more up to date than the physical one, hence the link. This is new for new readers/drivers)

 

 

Do you know of any reason you did not receive the notices in the post? As 6 months have nearly passed so wandering why the delay?

 

 

BTW have a read here as it shows you sometimes can have more than the 12 points on a license http://www.grimsbytelegraph.co.uk/Grimsby-driver-22-points-escapes-ban-alongside-45/story-28137117-detail/story.html

[baur]

No idea why NIP and reminder not received, address correct. Rogue postman for all I know.

I don't think there's anything suspicious here. If NIP is not acted upon within 6 month time period the speeding offence cannot be dealt with and a FTP charge is brought.

Legal advice is that we negotiate with police/court, in advance of the court date for FTP, to have the speeding offence reinstated and the FTP dropped.

If unsuccessful, it's a day in court and attempt to argue either for acquittal based on non-receipt of NIP or argue exceptional circumstances to avoid a ban when on 12 points. As managed by others mentioned in press.

 

 

Checked live version, it corresponds with my physical licence.

 

 

thanks again.

[mikeymack2002]

Attending Court may be the best option and you may want to approach the Prosecutor before the case starts to let them know in advance as to your intentions. Then if you can have at least 3 copies of your reasons for not being banned/non receipt argument. Give him one the Bench one and one for you to refer to. The Prosecutor then may offer no evidence to that charge and therefore saving an automatic ban....

 

 

If you are not being represented then maybe doing the above may allow a different outcome. Either way good luck with your case and if you get a good result please update your thread so we can see this. It may also help other new posters in the future if successful....

 

 

But a word of warning if you attend Court the financial penalty could increase. There maybe costs awarded against you as well as a fine and victim surcharge. If you can take some money with you in case of a financial penalty, then this can be paid in straight away. You should also be given an MC100 form. This is a financial means form, letting the Court know what you can afford to pay by ways of a financial penalty. This should then be completed as fully as possible and then handed back to the Usher of the Court. Remember to take both parts of your license with you to Court and surrender them if required to do so.

 

 

If you are given more points your license MUST be handed in, failure to do so could see you in more trouble.

 

 

You can also pay a fine online if you get one please do not forget to pay your fines because this will cost you a lot more in the long run....

[baur]

thanks for comments. If day in court is inevitable I will have representation and will no doubt be prepared for all eventualities.

 

 

I would like to hear if anyone has had success in pleading not guilty due to non-receipt of NIP, and / or having the speeding fine re-instated over the FTP.

 

 

Will certainly keep the post updated.

 

 

Still reeling from being just a few weeks from having zero points and now finding myself facing a ban.

 

 

Baur

[CrappoMan]

Personally, I wouldn't take a solicitor, as you aren't there for a fight.

 

Explain to the Magistrates how you genuinely didn't receive any documentation about the offence. Use the fact that you have had 2 previous offences and dealt with them promptly to show that you don't routinely ignore things. This latest offence would have only taken you to 9 points so you would have been safe from a totting-up ban, so why would you ignore it and risk even more points and a ban ?

[baur]

I hear your point re-solicitor but on balance I'd rather have legal expert in my corner.

 

 

And yes, that's the plan with regard to making my case. Acutely aware of the totting up procedure and would not ignore such matters.

 

 

Baur