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Notice of intended prosecution for learner driver.

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Comments

  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    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
  • 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 :p
    Slightly mad mummy to four kidlets aged 4 months,6,7 and 8 :D:D:D xx
  • nicolax
    nicolax Posts: 298 Forumite
    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.
    bigjl. Posts: 232 Forumite
    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 :p

    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
    Yorkie1 Posts: 12,179 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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
  • 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
    Slightly mad mummy to four kidlets aged 4 months,6,7 and 8 :D:D:D xx
  • 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
    Slightly mad mummy to four kidlets aged 4 months,6,7 and 8 :D:D:D xx
  • Lum
    Lum Posts: 6,460 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    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.
  • 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
    Slightly mad mummy to four kidlets aged 4 months,6,7 and 8 :D:D:D xx
  • newfoundglory
    newfoundglory Posts: 1,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 14 September 2011 at 10:00PM
    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.
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