Advice please on careless driving conviction

sheep-ali

He pleaded not guilty because the summary of evidence sheet which was sent to him included the fact that he was travelling in the opposite direction so naively he thought that that would get him off the charge. (He did not use a lawyer). It was the local court with JP's not a sheriff.
As far as the house goes it is owned outright but he has unsecured debts (credit cards) which he cannot manage without a job.:(

Chippy_Minton_2

sheep-ali wrote: »

He pleaded not guilty because the summary of evidence sheet which was sent to him included the fact that he was travelling in the opposite direction so naively he thought that that would get him off the charge.

Was that his only defence at the time?

sheep-ali

Pretty much plus in mitigation he had had a long day, was nearly home & forgot that he had a decker on.

TonyMMM

sheep-ali wrote: »

Pretty much plus in mitigation he had had a long day, was nearly home & forgot that he had a decker on.

That's not much of a mitigation ....more an admission of guilt !

Unfortunately , the points are valid for 3 years, and stay on the licence for 4. Unless he can find grounds to appeal against conviction and/or sentence he is stuck with them.

Chippy_Minton_2

sheep-ali wrote: »

Pretty much

Anything else?

If you go for an appeal against the conviction to remove the points it would mean a re trial. An appeal against sentence will not remove conviction. Points are between 3 & 9 so he wasn't hit too heavily. I would suggest three points for the same offence would not improve his employment prospects.

hartcjhart

quote]We are now about to lose our house because we cannot afford to pay our debts with no income.

quote]I am disabled & do not know how to cope with losing our house

sheep-ali wrote: »

He pleaded not guilty because the summary of evidence sheet which was sent to him included the fact that he was travelling in the opposite direction so naively he thought that that would get him off the charge. (He did not use a lawyer). It was the local court with JP's not a sheriff.
As far as the house goes it is owned outright but he has unsecured debts (credit cards) which he cannot manage without a job.:(

now which one is it,first you say you are going to lose the house then you say the house is owned outright??can you please clarify,because,you do not have a hope in hells chance getting the offence written off,BUT you may be better seeking help in one of the areas that deal with debt.

If they are unsecured cards afaik they cannot then affect your property

Debt_Free_Chick

hartcjhart wrote: »

quote]We are now about to lose our house because we cannot afford to pay our debts with no income.

Unsecured debts from loans and credit cards very rarely results in you losing your house.

You should get over to the Debt Free Wannabe board and get fantastic help for managing debt over there.

Get hubby to register for JSA and then apply to your local Council for Council Tax benefit.

There will be help, but you must put effort into getting it. Don't just "take this" and don't just sit there thinking you will lose the house. I really doubt it will come to this, provided you do something.

Good luck

sheep-ali

He has unsecured credit card debts of approx. £25k & the house is in his sole name.
Even on JSA he could never afford to repay these.
I am in Scotland so it would have to go to trust deeds but these take into account the equity on the house, so you can see why I am worried

Debt_Free_Chick

sheep-ali wrote: »

He has unsecured credit card debts of approx. £25k & the house is in his sole name.
Even on JSA he could never afford to repay these.
I am in Scotland so it would have to go to trust deeds but these take into account the equity on the house, so you can see why I am worried

If the situation is the same as in England, then - yes - debts can be secured on the property. But that's all - the lenders don't then force a sale of the house and if they do, they Courts often don't consent.

But you must agree a payment plan with the lenders. You can only offer what you can afford to pay and if that's £1 a week, then so be it.

Do, please, go to the Debt-Free Wannabe Board. There are hundreds in a similar position and you'll get support as well as practical advice.
Mention straightaway that you're in Scotland as that will ensure the advice is appropriate and relevant.

Good Luck :T