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Totting up ban with Court date impending.

monkeybrains
Posts: 85 Forumite
in Motoring
Hi.
First of all, I am full aware it's my own doing and even though the last offence was a genuine error on my part, it is still my own fault
The last offence took place on the 12/10/17. The road is a duel lane i.e. 2 lanes going the same direction (and 2 the other) through a town and I assumed wrongly that it was a 40 limit when it was in-fact a 30.
A policeman with a radar caught me doing 35 and so received a FPN a few days later.
I send the form back and this morning received the below:
"A further endorsement of 3 penalty points makes you liable for disqualification through the 'totting up' process. This can no longer be dealt with at the fixed penalty stage and xxxxxx Police will contact you in due course"
I checked earlier on the DVLA site and this is showing the below:
SP30
Penalty points: 3
Offence date: 25 Feb 2017
SP30
Penalty points: 3
Offence date: 2 May 2016
SP30
Penalty points: 3
Offence date: 18 Oct 2014
Expired
This shows that at the time, I had 9 points but the 3 on the 18th October came off just 6 days after the date of offence.
I'm really asking if anyone has any advice regarding my court appearance. I wish to accept fault but would like to know what I can possibly do to reduce any ban. Should I get legal representation?
The DVLA site is now showing I only have 6 points, so I guess the 3 expired came off and any for this latest offence are yet to be added?
First of all, I am full aware it's my own doing and even though the last offence was a genuine error on my part, it is still my own fault
The last offence took place on the 12/10/17. The road is a duel lane i.e. 2 lanes going the same direction (and 2 the other) through a town and I assumed wrongly that it was a 40 limit when it was in-fact a 30.
A policeman with a radar caught me doing 35 and so received a FPN a few days later.
I send the form back and this morning received the below:
"A further endorsement of 3 penalty points makes you liable for disqualification through the 'totting up' process. This can no longer be dealt with at the fixed penalty stage and xxxxxx Police will contact you in due course"
I checked earlier on the DVLA site and this is showing the below:
SP30
Penalty points: 3
Offence date: 25 Feb 2017
SP30
Penalty points: 3
Offence date: 2 May 2016
SP30
Penalty points: 3
Offence date: 18 Oct 2014
Expired
This shows that at the time, I had 9 points but the 3 on the 18th October came off just 6 days after the date of offence.
I'm really asking if anyone has any advice regarding my court appearance. I wish to accept fault but would like to know what I can possibly do to reduce any ban. Should I get legal representation?
The DVLA site is now showing I only have 6 points, so I guess the 3 expired came off and any for this latest offence are yet to be added?
0
Comments
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Since they work on date of offence the court can consider you as having 9 points so you're looking at a six month ban.
Have you taken any legal advice?0 -
I've only just received the letter today so I'm not sure of what to do next.
Would it be worthwhile getting legal advice?
I did read that the courts can be lenient in certain cases and was thinking that as the points for my earliest offence were to come off in 6 days from the date of the most recent one, they may be less harsh?
I've fully changed my driving habits since the previous points so it's been frustrating that I've made this stupid mistake.0 -
Your driving habits may have changed, but maybe your observational skills need a bit of work.0
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monkeybrains wrote: »I've only just received the letter today so I'm not sure of what to do next.
Would it be worthwhile getting legal advice?
I did read that the courts can be lenient in certain cases and was thinking that as the points for my earliest offence were to come off in 6 days from the date of the most recent one, they may be less harsh?
I've fully changed my driving habits since the previous points so it's been frustrating that I've made this stupid mistake.
The ban is six months, maybe they'll be less harsh on the fine.0 -
Warwick_Hunt wrote: »The ban is six months, maybe they'll be less harsh on the fine.
AFAIK they will deal with the speeding first, and the fine will be withing guidelines.
The ban for totting is pretty much automatic, unless the OP can successfully plead exceptional hardship.
He should get over to pepipoo.com for specialist advice.0 -
AFAIK they will deal with the speeding first, and the fine will be withing guidelines.
The ban for totting is pretty much automatic, unless the OP can successfully plead exceptional hardship.
He should get over to pepipoo.com for specialist advice.
Minus his third off for an early guilty plea.0 -
Yep I've just joined pepipoo and posted on there.
Not sure how I can claim hardship tbh but will keep reading up on there.
Thank you both.0 -
monkeybrains wrote: »Yep I've just joined pepipoo and posted on there.
Not sure how I can claim hardship tbh but will keep reading up on there.
Thank you both.
Who will a six month ban affect?0 -
Warwick_Hunt wrote: »Minus his third off for an early guilty plea.
Which is, as said, within guidelines!0 -
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