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Court Summons.
mojos.revenge
Posts: 79 Forumite
in Motoring
My daughter and son in law went through marriage difficulties after the birth of their first child, he was staying with a friend and his life seemed in turmoil.
During this time, he was given fines for Using a mobile whilst driving, and speeding. He foolishly did not pay them, partly because he was going through the breakup and he seemed to shut everything out, obviously he knows this was wrong.
Eventually the fines went to court, the first one was the mobile and they fined him and gave him 3 points and a fine. The second was due in court on 3rd of Jan, but they have adjourned it until 24/1, they are saying with a view to disqualification, he had 3pts a couple of years ago, with he thinks are now off, but even if they are still on the maximum will be 9, which is of course bad. But he thinks it will only be the two current ones.
All this happened last year, May, and since then they have sorted things out and he has had no further driving problems.
He relies on a licence for his job, which he has only been in for 2 months.
Any ideas why the court have done this, as the 6 points if the fine had been paid would not have involved disqualification.
My daughter is beside herself with worry. Any advice please.
During this time, he was given fines for Using a mobile whilst driving, and speeding. He foolishly did not pay them, partly because he was going through the breakup and he seemed to shut everything out, obviously he knows this was wrong.
Eventually the fines went to court, the first one was the mobile and they fined him and gave him 3 points and a fine. The second was due in court on 3rd of Jan, but they have adjourned it until 24/1, they are saying with a view to disqualification, he had 3pts a couple of years ago, with he thinks are now off, but even if they are still on the maximum will be 9, which is of course bad. But he thinks it will only be the two current ones.
All this happened last year, May, and since then they have sorted things out and he has had no further driving problems.
He relies on a licence for his job, which he has only been in for 2 months.
Any ideas why the court have done this, as the 6 points if the fine had been paid would not have involved disqualification.
My daughter is beside herself with worry. Any advice please.
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Look at his licence or paper counterpart and come back with the exact offence dates and current points.0
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Right so there maybe three points from couple of years ago. Plus three for the phone. For totting (disqualification) they count for three years and it is upto the date of offence for the speeding.
What speed was he caught doing and what was the speed limit?
They may consider it worthy of six points.0 -
Right so there maybe three points from couple of years ago. Plus three for the phone. For totting (disqualification) they count for three years and it is upto the date of offence for the speeding.
What speed was he caught doing and what was the speed limit?
They may consider it worthy of six points.
I don't know that, but the thing is if he had paid the fines when presented he would not have been disqualified at that point because the original summons would have said. It seems odd that they appear to be looking deeper into it because of his failure to pay.
I have suggested that he goes to court and explains his mental state at the time, and point out that these offences happened within the problem time frame and that now his life is settled he has had no further problems.0 -
Hi mojos.revenge,
The best solution here would be for your son-in-law to register on Pepipoo and post the information there himself. They are specialists in this sort of issue and it's important that he seeks proper advice given that the two alleged offences are already at the court stage.
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We need a lot more detail on what has happened, I assume when he received the initial Noticed of Intended Prosecutions (NIP) he replied to both of the stating he was the driver? Then when the conditional offer of a fixed penalty came in he didn't accept it?
What speed was he caught at? It is possible for a fixed penalty notice to be issued for an offence which would only mean three points if accepted but more points if it went to court, so if he didn't accept the fpn and three points and there was the potential of six points being awarded by the court then that would mean with an existing six points there would be the potential of a totting ban. Or they believe the speed is high enough that a short ban is to be considered, there are guidelines for what speeds fpn's are issued at but it is possible for them to be issued at higher speeds than the guidelines.
John0 -
It was a fixed penalty notice originally so it was only going to be 3 points for the speeding. He was stopped by a police officer on both occasions. He just didn't pay the fines given by the police, his state of mind was just haywire at the time. There were no cameras involved.0
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mojos.revenge wrote: »It was a fixed penalty notice originally so it was only going to be 3 points for the speeding. He was stopped by a police officer on both occasions. He just didn't pay the fines given by the police, his state of mind was just haywire at the time. There were no cameras involved.
It was only 3 points if he paid the FPN. The fixed penalty notices offer a lower penalty compared to a court to give you an incentive to take them.
He didn't pay the FPN, so it goes to court where he can have 3-6 points applied. That could take him to 12, where he could be banned.0 -
mojos.revenge wrote: »Any ideas why the court have done this, as the 6 points if the fine had been paid would not have involved disqualification.
My daughter is beside herself with worry. Any advice please.
As has been mentioned, because he didn't take the FPN it now goes to court. Depending on how much above the limit he was, the court has the ability to award between three and six points. Obviously if they decide to award 6 he now would have 12.
You say he needs a licence for his job. Is that because he drives in his job? If so he will need to inform his employers of the points and still may lose his job as many insurers would refuse to cover an employee with a certain amount of points. Certainly in jobs I've had in the past, 6 points was the maximum they'd accept.0 -
It was only 3 points if he paid the FPN. The fixed penalty notices offer a lower penalty compared to a court to give you an incentive to take them.
He didn't pay the FPN, so it goes to court where he can have 3-6 points applied. That could take him to 12, where he could be banned.
In effect, he will actually only have 9 points, if the court issue him with 6.
That will be 3 for the mobile phone, and the pending one going to court.
The other 3 were put on in June 2009, the pending offence was in August 20120
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