Notice of intended prosecution for learner driver.

vaio

Lum wrote: »

Makes little difference either way:

3 points on your provisional licence then another 3 points after pass = 6 points = licence lost.
6 points on your provisional licence then another 3 points after pass = licence lost.

Only difference is if you commit an offence that carries one or two points which is quite difficult to do, especially in comparison to the usual offence of a fixed camera after someone installed a new lower speed limit sign inside a hedge.

The somewhat tongue in cheek point I was making is that if the OP wants to collect some speeding points or another set of red light points to add to his collection then he’s better off doing it before he passes his test.

Two sets of points……

One set before and one set after his test = back to the L plates

Both sets before his test = keeps licence

Still seems perverse to me

Bumpmakesfour

Thankyou everyone.Hubby has been trying to contact the driving instructor all day but he won't pick up to him..not answering calls or texts.He's even more mad that the instructor obviously got the notice and named DH but didn't bother to let him know it was on its way.If the picture isn't clear how does the instructor prove it WAS OH driving?

So bloomin annoying because DH is test ready and now has no instructor.Picked up the phone to call AA but not actually sure what to say so gathering my thoughts

nicolax

wouls the driving school not have a record of your lessons? know mine had records of all lessons, as well as the instructor haveing a diary
may be worth asking

bigjl.

Bumpmakesfour wrote: »

Thankyou everyone.Hubby has been trying to contact the driving instructor all day but he won't pick up to him..not answering calls or texts.He's even more mad that the instructor obviously got the notice and named DH but didn't bother to let him know it was on its way.If the picture isn't clear how does the instructor prove it WAS OH driving?

So bloomin annoying because DH is test ready and now has no instructor.Picked up the phone to call AA but not actually sure what to say so gathering my thoughts

He doesn't have to do that, it's down to the courts to prove who was driving. All the instructor has to do is nominate the driver.

Yorkie1

OP, was it just a NIP which was received - or also a notice under s.172 to provide driver details? I suspect that it will be both. Do make sure that your OH replies to the s.172 within the stated time limit (should be 28 days), or he will be prosecuted for failing to provide details - and that is 6 penalty points.

He is obliged to give the information required in s.172(2)(b) below:
http://www.legislation.gov.uk/ukpga/1988/52/section/172

Bumpmakesfour

bigjl. wrote: »

He doesn't have to do that, it's down to the courts to prove who was driving. All the instructor has to do is nominate the driver.

So how do the courts do that we were if we can't prove DH wasn't??:o

Bumpmakesfour

Yorkie1 wrote: »

OP, was it just a NIP which was received - or also a notice under s.172 to provide driver details? I suspect that it will be both. Do make sure that your OH replies to the s.172 within the stated time limit (should be 28 days), or he will be prosecuted for failing to provide details - and that is 6 penalty points.

He is obliged to give the information required in s.172(2)(b) below:
http://www.legislation.gov.uk/ukpga/1988/52/section/172

It's a section 172 driver/keeper statement.We are still waiting for instructor to reply but he's still in hiding x

Lum

Bumpmakesfour wrote: »

So how do the courts do that we were if we can't prove DH wasn't??:o

They have a signed statement from the driving instructor that says your husband was the driver.

Bumpmakesfour

Lum wrote: »

They have a signed statement from the driving instructor that says your husband was the driver.

Ahh ok so that is proof enough is it.Tx x

newfoundglory

Surely, if the picture is not clear and your OH can't remember driving - he should return the s172 declaring the driving instructor as the driver of the car.

It will go to court, and both parties will deny being the driver.

You OH might seem to be the most obvious driver but all he should do is insist that the driver could not have been him.