9 points speeding + 3 more. SAVE the licence please

[philmycoke]

Hi guys,

my friend has received a final reminder to  a speeding ticket.

Issue is he has 9 points already and done the one of course.

He is a pco taxi driver.

If he gets 3 more points, he will lose the licence and unable to work.

Is there any ways of not losing his licence?

One thing to keep in mind please is a lot of taxi drivers are getting fines and they are posting new speed limits on older higher speed limit roads and people being caught out.

I will not justify him being caught speeding 5 times. However I am sure there is something we can do so he can continue to feed 5 mouths and pay the bills.

Final reminder date is the 27/07/2023 since then no communication. He was away from the country from June to sept 18^th.

Please kindly advise.

[Bazooka Boo]

How long will his ban last?

IMHO I'd be advising him to look for other work to do until his ban ends, I can't see any way he can avoid a ban, perhaps being a taxi driver isn't really for him?

[Ethel Street]

I'm not clear exactly where your friend has got to with this. 

--  Is this a speeding offence caught  by a roadside speed camera?

--  What speed was he doing and what was the speed limit?

--  What date was speeding offence?

--  Did he receive the NIP [Notice of Intended Prosecution]/s172 notice requiring him to identify the driver?

--  What date was it issued?

--  Has he responded to it yet?  If so when?

Tagging @Man in the middle who may be able to comment

I don't know what magistrates would think but IMO "One thing to keep in mind please is a lot of taxi drivers are getting fines and they are posting new speed limits on older higher speed limit roads and people being caught out " doesn't seem likely to be a helpful thing for a professional driver to put forward as mitigation and a reason not to be disqualified. Reductions in speed limits have had enormous publicity in the media. 

What other reason could he put forward for not being disqualified? Bear in mind that losing his job is not, in itself, a reason for magistrates  not to disqualify. 

 

[Man in the middle]

As above, what is this "final reminder"? Has he already named himself as the driver? If not he can look forward to being prosecuted for "Failing to provide driver's details. This offence carries six points and, along with his speeding convictions, will make insurance either unobtainable or prohibitively expensive (which is a likelihood with just another speeding conviction, especially when "Hire & Reward" insurance is needed). As well as that, he may find himself in difficulty with the local authority who grants his taxi licence.

However this pans out his latest offence will be dealt with in court because he has nine points. This offence will see three more and he will face a six month disqualification under "totting up". He can avoid this if he can show that he or others will suffer "Exceptional Hardship" (EH). Here's the Magistrates' guidance when they consider such a 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.

You will note that loss of employment alone is not usually sufficient to show EH. Your friend needs to do three things:

1. Respond to the paperwork (whatever it is - especially if it is a "request for driver's details").

2. Prepare an "Exceptional Hardship" argument.

3. Explore the possibility of alternative employment for six months.
 

 

 

Edited September 22, 2023 by Man in the middle