Totting up and Court

Hi,totted up 12 points,gaffa received his letter today asking to name driver and all that. M62 j27-28 in roadworks speeding.What can I expect to happen now what’s the usual routine,and I’ve done the speed awareness course earlier on in the year.Anyone any ideas if il be able to get away with just losing my Lgv an keep my car license? Any ideas?

What can I expect to happen now

Maybe you’ll slow the [zb] down then you won’t be another [zb] being kept by my taxes :laughing: :laughing: :laughing: :laughing: :laughing:

You go to court and plead undue hardship. You’ll probably keep your car licence at least but you may well have to go and see the local TC to keep your LGV.
Best of luck with it eh :smiley:

Go to court and plead how you will lose your job, your home, your wife and your kids if you lose your licence. Hope the judge takes pity on you and let’s you keep your licence.

Will your boss still let you drive for him on 12 points??

The judge will say, well, why you didn’t think before speeding, about the consequences of it and bla bla bla, good luck, but seems you are in a difficult situation

Volvofh16:
I’ve done the speed awareness course earlier on in the year.

I think that will stand against you, it’s only April and caught again. :open_mouth:

I went to court and pleaded for my licence after being caught speeding
Yes i was a naughty boy but i kept my licence i landed up with 17points on it and i did keep my job and also got my present job with that amount of points although my licence is now clean :smiley: :smiley:
We have another driver with 15points
You can keep your licence but be prepared to beg for it

the big un:
You can keep your licence but be prepared to beg for it

You might. But don’t count on it; depends on how your local TC views it.

Wouldn’t bank on your gaffer wanting to become too involved either, lest VOSA take an unhealthy interest in his tacho records etc.

At this stage, your boss returns the NIP in the normal way, naming you as the driver.

You’ve had a speed awareness course in the last twelve months, so you cannot attend another. Contravening a speed limit involves mandatory endorsement, so you cannot be dealt with by fixed penalty if you are already on nine points as you would reach twelve points. You will therefore be summonsed to court.

Unless you can satisfy the court there are mitigating circumstances not to disqualify you from driving, or to disqualify you for a shorter period, the court must disqualify you from driving for a minimum period of six months. If you have been disqualified for 56 days or more in the previous three years, the minimum period is twelve months for one such disqualification or twenty-four months for more than one disqualification.

When considering mitigation, the court must disregard any circumstances allegedly making one or more of the offences non-serious, hardship (other than exceptional hardship) or any arguments advanced in mitigation of disqualification during the previous three years.

The usual way to avoid a ‘totting-up’ disqualification is to argue disqualification will cause you exceptional hardship. If such an argument fails, you should expect to lose your licence completely for the purposes of disqualification - I can’t see any mechanism for the court to disqualify you in certain categories only.

If my quick check of the law is correct, you will automatically regain your licence without taking a driving test at the end of any disqualification for totting-up, though you should expect to be summoned to the traffic commissioner in respect of your vocational entitlements even if you avoid disqualification in court.

It sounds like you’re going to need a solicitor with some experience in road traffic law. You have some aggravating factors - you have taken a speed awareness course in the past few months and have been caught again for speeding, also the court may take a less favourable view if this latest offence was in an LGV rather than a car.

gnasty gnome:

the big un:
You can keep your licence but be prepared to beg for it

You might. But don’t count on it; depends on how your local TC views it.

Wouldn’t bank on your gaffer wanting to become too involved either, lest VOSA take an unhealthy interest in his tacho records etc.

Very true mate i have a very very good boss and we are on a green light with VOSA
if the other driver has a bump he has to pay £500 excess due to the insurance rules and regs because of the points

Bin the nip. And don’t answer your door to strangers, or sign for registered mail. When they resend the nip bin it and bin it again. If your away tramping your laughing as your never home anyway. They ain’t gonna send a swat team round to your house over a nip. Mail gets lost all the time and camera partnerships like all goverment organs ■■■■ up.

Cover your back and get the dvla to send a duplicate out as you have lost your original. You should have done this idealy while your licence was still clean. :bulb:

Worked for me in the past. :wink: :grimacing:

Gaffa said he will keep me on whatever happens and if I get a ban he will give me work in future so that’s not a problem also because I’m ‘casual’ he said would write me a reference for court sayin he’s just offered me full time status,if I lose my Lgv and not my car I can get work that’s not a problem I’m just hoping it’s not a complete ban of both,was more worried about tellin the mrs more than anything,but she been ok.Will I ever learn…

Volvofh16:
Gaffa said he will keep me on whatever happens and if I get a ban he will give me work in future so that’s not a problem also because I’m ‘casual’ he said would write me a reference for court sayin he’s just offered me full time status,if I lose my Lgv and not my car I can get work that’s not a problem I’m just hoping it’s not a complete ban of both,was more worried about tellin the mrs more than anything,but she been ok.Will I ever learn…

You lose your LGV you lose your car licence to mate make sure the letter states what a good worker you are blah blah :smiley:

pavaroti:
Bin the nip. And don’t answer your door to strangers, or sign for registered mail. When they resend the nip bin it and bin it again. If your away tramping your laughing as your never home anyway. They ain’t gonna send a swat team round to your house over a nip. Mail gets lost all the time and camera partnerships like all goverment organs [zb] up.

Cover your back and get the dvla to send a duplicate out as you have lost your original. You should have done this idealy while your licence was still clean. :bulb:

Worked for me in the past. :wink: :grimacing:

No but they will send uniformed officers at night and or weekend as my poor old dear found out when I got clocked by them :laughing: :laughing: :laughing:

pavaroti:
Bin the nip. And don’t answer your door to strangers, or sign for registered mail. When they resend the nip bin it and bin it again. If your away tramping your laughing as your never home anyway. They ain’t gonna send a swat team round to your house over a nip. Mail gets lost all the time and camera partnerships like all goverment organs [zb] up.

Cover your back and get the dvla to send a duplicate out as you have lost your original. You should have done this idealy while your licence was still clean. :bulb:

Worked for me in the past. :wink: :grimacing:

I’m not going to waste my time arguing the toss with you on this one cos we’ve been there before.

But… if the OP is using a digicard, it doesn’t matter if he’s tramping or not because his gaffer’s records will show him to be driving. Assuming he ignores the NIP’s and gets banned “in absentia” then he AND his gaffer will end up far deeper in the ■■■ than they’d want to be. He’d get done for driving whilst disqualified, gaffer could get done for causing and permitting same, bye-bye O-licence.

Your move. :wink:

Serves you rite for speeding in roadworks.You deserve to get banned for it.Think of the familys you could ruin if you kill some poor sod.

billybigrig:

pavaroti:
Bin the nip. And don’t answer your door to strangers, or sign for registered mail. When they resend the nip bin it and bin it again. If your away tramping your laughing as your never home anyway. They ain’t gonna send a swat team round to your house over a nip. Mail gets lost all the time and camera partnerships like all goverment organs [zb] up.

Cover your back and get the dvla to send a duplicate out as you have lost your original. You should have done this idealy while your licence was still clean. :bulb:

Worked for me in the past. :wink: :grimacing:

No but they will send uniformed officers at night and or weekend as my poor old dear found out when I got clocked by them :laughing: :laughing: :laughing:

Here in scotchland the old bill are just to busy for such petty goings on, not to mention the overworked procurator fiscal who probably would’nt have time for the case. :smiley: All depends on which camera partnership area you get done in and what area you yourself live in. :bulb:

I do happen to know that strathclyde is very lax indeed. And does’nt get on too well with other police services when making petty requests. :sunglasses:

d. The Secretary of State may also, under Section 116 of the Act, refer to
Traffic Commissioners holders of LGV or PCV licences whose fitness may be in
doubt. These may include drivers with non-endorsable offences, convictions,
cautions or fixed penalties (such as drivers’ hour’s offences), relevant criminal
convictions, cautions or fixed penalties in the case of PCV drivers, or others
where, for instance, tachograph evidence demonstrates persistent speeding.

dft.gov.uk/vosa/repository/D … 202008.pdf

and more info here…

assets.dft.gov.uk/consultations/ … onduct.pdf

Basically even if the courts point you but let you keep your licence you may well get dragged before the TC who can choose to remove your LGV for a period of time. If the court disqualify you then you lose your LGV as well and will have to go before them to get your LGV back. :frowning:

pavaroti:

billybigrig:

pavaroti:
Bin the nip. And don’t answer your door to strangers, or sign for registered mail. When they resend the nip bin it and bin it again. If your away tramping your laughing as your never home anyway. They ain’t gonna send a swat team round to your house over a nip. Mail gets lost all the time and camera partnerships like all goverment organs [zb] up.

Cover your back and get the dvla to send a duplicate out as you have lost your original. You should have done this idealy while your licence was still clean. :bulb:

Worked for me in the past. :wink: :grimacing:

No but they will send uniformed officers at night and or weekend as my poor old dear found out when I got clocked by them :laughing: :laughing: :laughing:

Here in scotchland the old bill are just to busy for such petty goings on, not to mention the overworked procurator fiscal who probably would’nt have time for the case. :smiley: All depends on which camera partnership area you get done in and what area you yourself live in. :bulb:

I do happen to know that strathclyde is very lax indeed. And does’nt get on too well with other police services when making petty requests. :sunglasses:

That maybe as well but he doesn’t live in the colonies now does he, so ■■■■ poor advice I’d think :laughing: :laughing: :laughing:

gnasty gnome:

pavaroti:
Bin the nip. And don’t answer your door to strangers, or sign for registered mail. When they resend the nip bin it and bin it again. If your away tramping your laughing as your never home anyway. They ain’t gonna send a swat team round to your house over a nip. Mail gets lost all the time and camera partnerships like all goverment organs [zb] up.

Cover your back and get the dvla to send a duplicate out as you have lost your original. You should have done this idealy while your licence was still clean. :bulb:

Worked for me in the past. :wink: :grimacing:

I’m not going to waste my time arguing the toss with you on this one cos we’ve been there before.

But… if the OP is using a digicard, it doesn’t matter if he’s tramping or not because his gaffer’s records will show him to be driving. Assuming he ignores the NIP’s and gets banned “in absentia” then he AND his gaffer will end up far deeper in the ■■■ than they’d want to be. He’d get done for driving whilst disqualified, gaffer could get done for causing and permitting same, bye-bye O-licence.

Your move. :wink:

“Ignores the nip and gets banned in absentia” :confused: :confused: :open_mouth: :open_mouth: When has this ever happened before. :confused:

Are you one of these bods that thinks the goverment knows all, see’s all and is very very efficient? :confused: :open_mouth: :laughing:

Must be the only region, All the rest are notorious,Highlands, Fife,Grampian and the Lothians are awash with vans and cameras, and they chase them all up.