Some times I could just cry!

MrsTinks

Just as we seem to find out feet something else goes wrong!
Other half just had a phone cal to say that he's got a court summons...
Ok start at beginning - in August last year he got caught speeding (apparently 83 mph in a 70mph) and because he'd recently moved house the car was still registered to his old address. They never forwarded the letters and I don't know if they sent them back to the DVLA either... So when the DVLA heard nothing more from the OH they apparently issued a courtsummons... Somehow OHs ex has been told about it and called us. Problem is in August he still had 9 points on his license (long story, he did the responsible thing in not letting a friend drive under the influence, turned out the "friend" lied about the insurance cover and OH wasn't covered and the judge gave him 9 points for driving without insurance). So now he might loose his license and if he looses that he'll loose his job which there is no way we can afford. So options are that I take the points and go to court as I have a clean license (I'm not thrilled with this option), or he goes and owns up and begs and we hope the judge doesn't ban him (the other 9 points have since expired) and if he does get banned we are up a creek without a paddle because he is the main source of income... £60k vs my £23k... we just can't afford to loose his income.
He's currently feeling VERY sick as we've only just dug ourselves out from him barely getting by from month to month financially and now this...

Sorry gang just needed to get it off my chest

T

Lucifer

Oh tine I am so sorry. I would be tempted to take the points yourself. I know its not good for you, but you also don't want the judge/magistrate to decide to make an example of your hubby!! As you said he already had 9 points. I believe you are not able to plead guilty by post anyway if you have more than 8 points, so it would have resulted in a court case anyway (unless things have changed since 2001).

Hugs to you tho!!

Lewby

Hi. Don't panic too much (easier said than done I know) because the courts can be quite reasonable. You will need a letter from his employer to The Clerk to the Court telling the court that he is usually a very responsible person and that his job depends on his licence. You can also offer to do a 'Safer Driving' course through the DVLA and this will go in his favour.

If he does get a ban you can ask that it is for the shortest time possible and he could possibly take annual leave for it.

If the other points have expired then they will take that into account. Also 83mph in a 70mph zone isn't as bad as it could be. If it were more than 30mph over the limit it would mean an automatic ban, but it is only 13mph over.

You will be able to prove that you have moved and the letters have gone to the wrong address aswell, all of which adds up in your favour.

I know you will be worried sick but if you are really too worried about it you can go and get 1/2 an hours legal advice from a solicitor for free and get them to tell you what to expect.

The letter from your employer usually does the trick and you should end up with a hefty fine instead of a ban. Doesn't help with the debt clearance but at least OH will be able to keep his job.

If his employer doesn't know what to write, I could e-mail you a sample letter that I do for people at work. Just let me know.

Hope this helps.

Lewby xx

mountainofdebt

I would (and have!) taken the hit for my other half.

I know it sort of blemishes your licence but given the potential consequences of hubby going to court, it seems the easiest and cheapest option...not sure why it would be a case of you losing your income though.

mountainofdebt

Lewby wrote:

You will be able to prove that you have moved and the letters have gone to the wrong address aswell, all of which adds up in your favour.
Lewby xx

Don't you have to tell the DVLA that you've moved so potentially wouldn't the OP's husband be digging a bigger whole for himself?

seraphina

Correct me if I'm wrong, but if the previous 9 points have since expired, then effectivly his licence is clean?

In which case I would get him to turn up at court with a letter from his employers stating his licence is essential to his job, and take the hit. You'll probably be fined as well for not letting the DVLA know of the change in address as well, but I think honesty is the best policy.

Broken_hearted

If I remember rightly its another 9 points on his licence and a fine of about £200. However it depends on the judge and wether he can prove it's a genuine mistake.

MrsTinks

Yep he SHOULDhave told the DVLA that he'd moved but *sigh* such is life...
He would loose his job mountainofdebt because he needs to be able to get to about 5-6 sites in the south of England that he is in charge of. If he isn't mobile then he can't attend sites and see clients and would loose his job. I on the other hand have no points and also only work 15 mins from home so I could make him drive me to work if it was me but chances of me loosing my license for one speeding offence in 8 years of 13 mph over the limit in a 70 zone is minimal
Well !!!!!! off though becase I always drive carefully (not slowly, just carefully ) and this is MY blemishfree license...

I guess the question is whether to risk OH going to court and begging (I know his boss would even go with him if he asked and explain that it's solely due to my OH that certain contracts have come to the UK creating manufacturing jobs worth over 3 mill a year and if he looses his job then there is no guarantee the clients will stay...) or whether I should just take the blame for this, which I am not doing lightly and fyi it was my suggestion not his... he's not hapy about me taking the blame either but I just can't see how we can afford to risk loosing his income

Thanks for your support gang!!!! HUGS

MrsTinks

seraphina wrote:

Correct me if I'm wrong, but if the previous 9 points have since expired, then effectivly his licence is clean?

In which case I would get him to turn up at court with a letter from his employers stating his licence is essential to his job, and take the hit. You'll probably be fined as well for not letting the DVLA know of the change in address as well, but I think honesty is the best policy.

The car is his I would be driving it under my own seperate policy on which I am insured to drive any car 3rd party. I think it might be best to not remind them about having failed to notify about change of address...

Broken_hearted

If you take the blame and get caught out, you both end up in even more trouble. If the first 9 points have expired the new points won't be enough for him to loose his licence.

lynzpower

Personally in this situation, Id take therap for the points. If you have no points and could get to work , you dont have much to lose

Hugs though tine, sometimes it really does feel like we are all; swimming against the tide xx