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Pleading guilty by post - Motor offence

124

Comments

  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It is the usually the normal to impose the highest financial penalty to those driving with no licence as they can award a discretionary ban, or up to 8 points.
    As they have no licence to put them or to ban on and this never bothered them before a large court fine usually gets the message home.
    This is why I advised the OP to go with a mitigation of causing hardship to dependants (if any).

    The present mitigation is asking for a lesson to be taught the hard way.

    There is some speculation as to if it is deserved, I will leave the forum to decide that one.

    My advice with that posted mitigation of shear defiance is start saving up.
    Be happy...;)
  • dannny_2
    dannny_2 Posts: 169 Forumite
    Aretnap wrote: »
    the system only allowed for a maximum of 99 points, and he was sent back a clean licence. One of those "if it's not true, it should be" stories.

    PIC 9(2) instead of PIC 9(4), y2k all over again.
  • spacey2012 wrote: »
    It is the usually the normal to impose the highest financial penalty to those driving with no licence as they can award a discretionary ban, or up to 8 points.
    As they have no licence to put them or to ban on and this never bothered them before a large court fine usually gets the message home.
    This is why I advised the OP to go with a mitigation of causing hardship to dependants (if any).

    The present mitigation is asking for a lesson to be taught the hard way.

    There is some speculation as to if it is deserved, I will leave the forum to decide that one.

    My advice with that posted mitigation of shear defiance is start saving up.


    Other than in accordance with a licence is 3-6 points not 8.
  • FlameCloud wrote: »
    With luck they will get banned. I hope it is inconvenient- it's supposed to be a punishment.

    This, just sounds like the OP is trying to sort some cop out reasons.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    New drivers DONT get banned for having 6 points, they get their licence revoked and must sit the test again, when they have passed for a second time their licence will still have the points on it (unless they have time lapsed).


    Any points on the provisional that aren't expired will carry over to the full licence when the test is passed and the licence will be revoked if you get any further points that take the total up to 6 or more within the first 2 years. What happens if you start off with 8 points is a mystery to me.
    Be Alert..........Britain needs lerts.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    spacey2012 wrote: »
    It is the usually the normal to impose the highest financial penalty to those driving with no licence as they can award a discretionary ban, or up to 8 points.
    As they have no licence to put them or to ban on and this never bothered them before a large court fine usually gets the message home.
    This is why I advised the OP to go with a mitigation of causing hardship to dependants (if any).

    The present mitigation is asking for a lesson to be taught the hard way.

    There is some speculation as to if it is deserved, I will leave the forum to decide that one.

    My advice with that posted mitigation of shear defiance is start saving up.



    But the OPs friend has a provisional licence that the points can be put on.
    Be Alert..........Britain needs lerts.
  • Aretnap
    Aretnap Posts: 5,858 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    paddedjohn wrote: »
    Any points on the provisional that aren't expired will carry over to the full licence when the test is passed and the licence will be revoked if you get any further points that take the total up to 6 or more within the first 2 years. What happens if you start off with 8 points is a mystery to me.
    It means that if you get any points at all within your first two years of holding a full licence, it will be revoked (as your total is now more than 6) and you'll revert to a provisional. In practice getting 3 points as a learner has the same effect, as you can't get fewer than 3 points except for a handful of very obscure offences.

    Things would get a bit messy if you got a further 4 or more points and got a totting ban at the same time, but I think the natural reading is that when the ban is up you should restart on a provisional licence rather than a full one.
  • Aretnap
    Aretnap Posts: 5,858 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 8 December 2013 at 10:58PM
    How did that make an example of him?

    If he had a full licence 12 would see him banned on a totter and they usually disqualify joy riders any way.
    Perhaps he was done for dangerous driving as well as a host of more minor offences, and they banned him for that. Or perhaps they did ban him as a totter, and the computer got confused anyway. But it's a mildly amusing anecdote of extremely dubious provenance, so it's probably best not to think about it overly hard.
  • Aretnap
    Aretnap Posts: 5,858 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As for the OP's friend, one option open to the magistrates is to ban him from driving until he passes his test. This is often done with unlicensed drivers, and the effect would be that if he was caught driving outwith the terms of his provisional in future he'd be committing the offence of driving while disqualified rather than driving otherwise than in accordance with a licence - and that would mean a potential jail sentence rather than just points and a fine.
  • Aretnap
    Aretnap Posts: 5,858 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    paddedjohn wrote: »
    But the OPs friend has a provisional licence that the points can be put on.
    And even if he didn't the DVLA could still create a driver record to keep track of his points. They'd appear on any licence he did apply for, and would count towards totting up if he offended again. Having no licence is not an impediment to receiving points, or being banned.

    As I alluded to, a ban is of significance even to an unlicensed driver because you can't go to prison for driving with no licence, but you can for driving while banned.
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