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Psulkin

Removing points on my driving licence

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Hi All,

 The Magistrates' Court has issued 6 point from my driving licence + £250 fine.

that was in Jun 2017 under MS90 (Failure to give information as to identity of driver etc).

 

In 2017, i worked as a Driver team leader, and my job required me to train 5 new drivers every day.

the following day, i was instructed to provide each driver with a new car to start work the next day.

All cars come out from the company under my name.

 

one of the drivers, whilst driving their assigned car, drove past the speeding limit and was captured by a speeding camera.

the police contacted me, as all cars come out from the company under my name, and took 6 points off my licence and i was required to pay £250.

we do not keep record of who drives what car.

 

Now I have about 9 months left for my points to expire, I am 52 years old and I am responsible for a big family. 

I have an offer for a better job that will help me financially somewhere else, However, they said that I need a clear driving licence with no points to get the job.

 

I think, according to my age, this job offer is not going to be available again in my work life. 

I am thinking to write a letter to the court asking them to remove/Expire the point in my licence early.

What do you think? 

 Correct me if I am wrong/ advise if I am right.

 

Thank you.

 

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You were convicted (albeit due to poor component procedures that meant there were no records of who was driving).

You had the opportunity to plead mitigation at the time, so I think it unlikely that you can now re-plead mitigation to get the points to expire before the time that is set in statute law.

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Yes it is a statutory requirement that the points remain on your licence for the prescribed time. 

They remain on your licence (or driving record) for four years from the date of the offence and remain "active" for "totting up" purposes for three years from that date.

 

You should note that the "date of the offence" is not, in your case, that of the original speeding offence but instead is the date you committed the "Fail to provide details" offence. This would be 28 days after the date the notice requesting the details was served on you.

 

Whilst there is a mechanism to ask a court to reinstate your licence early following a disqualification (of three years or more) there is no mechanism to have penalty points removed early.

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1 hour ago, BazzaS said:

You were convicted (albeit due to poor component procedures that meant there were no records of who was driving).

 

Make that “company procedures”

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Would it be an option to appeal to the company looking to employ you, explaining the situation (why you have points on your licence) and highlighting that the index offence wasn’t committed by you, and now you are more aware of the need for company policies tracking drivers, to protect the other company staff?

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That's certainly an avenue worth exploring.

 

It's a shame when somebody's driving record suffers because of what is essentially an "administrative" offence.

 

Unfortunately there's no difference in the penalty between what happened here and somebody tanking it at 120 on the M1 simply declining to name the driver in order to avoid the (almost inevitable) ban for that offence.

 

As well as that he may be asked whether he has any unspent convictions in (say) the past five years and whatever the position with his licence he must answer "yes" to that.

 

Whilst penalty points become spent when they cease to have an effect (i.e. after three years) the accompanying endorsement is not spent until five years have elapsed. 

 

The problem I think the OP may face is that it is often the employer's insurers who set the conditions and they may not be easily swayed.

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