Jump to content

  • Tweets

  • Posts

    • I hope you mean I try to help people stand up to bullying - and not do the bullying!   I'll assume it's a compliment!     Well - that sort of demonstrates that you've not understood my point and (perhaps?) haven't actually read the OP?   My point is that it is not the boyfriend (the supposed "owner" of the car park) who is posting, but his girlfriend who believes that he "owns" his car parking space.  Yes - it usually makes sense to believe that what the OP is posting is the truth, but in this case there is every reason to believe that there is a possibility that the OP might be mistaken about her boyfriend's ownership of the parking space, because...  well, how would she know for sure whether he does or not?  He might be boasting or lying or simply mistaken.  (My understanding is that many people who "own" flats are often under the mistaken apprehension that they "own" a parking space when they don't.  All the more reason then that somebody else other than the "owner" might be even more mistaken).   I suppose what I'm getting at is that I was a bit surprised that both you and dx100uk were able to give such definite and certain answers to the OP without exploring her situation a bit more fully and ensuring that she fully and correctly understood her boyfriend's rights in respect of the parking space in question.  I was simply concerned that without getting more information from the OP, then the replies given to her might prove to be less than useful.  I wouldn't want her to leave thinking that there was absolutely nothing to worry about and then find out there was because she'd been misadvised because she didn't understand whether her BF "owned" the space or not.   Of course, it may be that my concern here makes absolutely no difference to the answer that needs to be given to the OP because it doesn't matter whether her boyfriend actually "owns" the parking space or not, which is fine.  But sometimes I think it would be helpful to the OP (and other readers like myself) if some of these legal niceties could be spelled out rather than left unexplained.    
    • I've spoken to my son in law and because the gearbox can be very expensive to repair, he would prefer to reject the car.   The garage isn't going to charge storage at the moment.   I feel they have been mislead regarding the service history.   How difficult would it be to get the finance company on our side in rejecting the car and sending back to the dealer?
    • The first thing to say is that you better go ahead and refund the buyer because otherwise she will end up getting negative feedback as well. We will try and help you get your money back from Hermes. Have you made a formal claim through Hermes and have they formally declined you and giving you reasons why? Presumably the item was properly declared and properly valued when the delivery was booked. You don't say whether or not you took out their so-called insurance. Please start off by reading around the sub- forum focusing particularly on the Hermes threats. There are lots of them. Get to understand the principles in respect of the arguments – the insurance element, your third party rights despite the fact that you booked it through Packlink. Have a look at other people's experiences of having sued Hermes, the process of issuing the claim, the defence, the mediation and have a close look at the advice that we give about how to handle mediation. It's highly likely that you will have to issue claim papers so also read around to understand the steps you need to take to bring a small claim in the County Court. It's straightforward but understanding the steps will make you far more confident about what you are doing. Have you started a formal complaint against Hermes and Packlink?
    • Christmas Wonderland has been allowed to reopen because it sells real Christmas trees. View the full article
  • Our picks

68mph on M62 in a 40mph Variable Speed Limit. Proposed Disqualification. **RESOLVED 6 points and a fine..**

Recommended Posts



I was caught on camera doing 68 in a 40 variable limit on the M62.  This I do not dispute. (Although there was no real reason for the limit as nothing was in the road at the time and it was 21.45 and light traffic)


I have replied to all of the paperwork in time, and pleaded guilty as per the paperwork they sent back (via the online option and opted not to attend court).


TBH as this was a first offence and I pleaded guilty, and in my mitigation apologised etc, I expected six penalty points and a fine.


Just received from the court, paperwork entitled “Notice of Proposed Driving Disqualification”  and I have 2 options -  Either “A” - No further information to give to the court, or “B” I want to attend court. (This is if I want to fight the disqualification I gather)


I’m not sure how to proceed.  I work as a Mobile Service Engineer, including 24 hr call outs and disqualification would affect my job etc. I also live in a rural location so have no viable alternative public transport.


I don’t really want to attend court...its a very long way from home, and if I do get disqualified, I wont be able to get home after the hearing.


Is it normal to receive a disqualification for a first offence at these speeds?  Can I change court if need be to a more local one?


Thanks for any help.


I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

Link to post
Share on other sites



While you're waiting for the forum regulars to arrive, this is a link to the magistrates' sentencing guidelines. If I'm reading it right, then if you do over 65 mph in a 40 zone it can lead to a short disqualification.




Obviously we need to work out what you can say about a disqualification affecting your job. The experts will know more than I do, hopefully they'll be along soon. When is your court date?



Illegitimi non carborundum




Link to post
Share on other sites

Hi HB,


No court date yet,  but I have to send my reply by 10/04/2020 as to how I want to proceed.





I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

Link to post
Share on other sites

The sentencing guidelines suggest either a ban of 7-56 days or six points. That guidance was reversed in 2017 (it used to be points or a ban). That would indicate that disqualification should be the first consideration. However, that band of seriousness begins at 66mph so you are only just into that band. (That said, the band below is similar in its wording). Nonetheless six points is far more likely.



Strictly speaking you have no right to argue “exceptional hardship” if you are disqualified for a single offence. That is only available for “totting up” bans. However, the court will listen to you before they decide what option to take. The surest way to ensure they have your attention is to attend, however, if you don’t want to, simply add brief notes saying what effect a ban will have.



You will also pay a fine of a week’s net income, a surcharge of 10%  of the fine (minimum £32) and £85 towards prosecution costs.

  • Like 1
Link to post
Share on other sites
  • 7 months later...

I was at court today with a Similar offence - 68 in a variable 40...M62.


I originally Phoned the police camera dept and asked for camera proof including gantry signs showing 40...they sent them and it showed the 40 and my vehicle.


I pleaded guilty, and asked for the single justice procedure thingy.


Came back with possible short term  disqualification, with option for hearing to plead against etc. I asked for a hearing


Finally 11 months after the offence, hearing came through.


Arrived at court, finally was called in.   Offence read out etc and then I had a chance to put forward orally my personal mitigation etc. (Remorse, I was stupid, wont do it again,  need license for work as live in rural area etc, first offence, good character standing)


Today the magistrates were kind...6 points and a fine...something like £450 plus £85 costs (cant remember the exact amount but was around £535 if greatly different will repost.  Have 14 days to pay, they will send me the amount etc.


I feel very lucky today, could have been worse.  Good luck with your case.



Ok slight adjustment


fine 450, victim surcharge 45 court costs 85 total £580.



  • Thanks 1

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

Link to post
Share on other sites
  • dx100uk changed the title to 68mph on M62 in a 40mph Variable Speed Limit. Proposed Disqualification. **RESOLVED 6 points and a fine..**

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...