Conditional offer fixed penalty

kwalia

Hi,

I was wondering if anyone can help clear up some confusion in regards to someone receiving a conditional fixed offer penalty of 3 points and a £100 fine.

I'm confused by the wording of this condition 'You must not have more than 8 penalty points endorsed on your driving licence/record within the last 3 years"

Does this mean that you must have only held 8 or less penalty points at any one time over the last 3 years on your license, or does it mean that you must not have actually been GIVEN no more than 8 points in the last 3 years?

For example, if a person had been given 6 points in 2015, and 3 in 2017, that means that within the last 3 years the driver would have had 9 points in total as the 6 points from 2015 would still be valid until 2018. Does this apply to having more than '8 penalty points endorsed within the last 3 years'? Or does it just mean that only the 3 points from 2017 would be the only ones counted as they were actually given/endorsed in the last 3 years,

Hope this makes sense. Any advice would be appreciated.

Thanks
Kwalia

Mercdriver

You cannot accept a fixed penalty if you have 8 or more (live for the purposes of totting) penalty points because that would lead to you totting at 12 points. Even if you were to send off the form and make the payment if you did have 8 or more live points, the payment would be returned and you would proceed to court.

kwalia

So in this scenario they could accept the fixed penalty as the driver currently only has 3 points on their license?

AdrianC

kwalia wrote: »

So in this scenario you could accept the fixed penalty as the driver currently only has 3 points on their license?

Yes, because that won't take [STRIKE]you[/STRIKE] them into totting territory.

Johno100

Mercdriver wrote: »

You cannot accept a fixed penalty if you have 8 or more (live for the purposes of totting) penalty points because that would lead to you totting at 12 points. Even if you were to send off the form and make the payment if you did have 8 or more live points, the payment would be returned and you would proceed to court.

8 plus 3 was 11 when I went to school.

TooManyPoints

"More than eight" then.

Mercdriver

Johno100 wrote: »

8 plus 3 was 11 when I went to school.

Apologies I intended to say more than 8.

Car_54

Contrary to what the OP has received, it is the date of the offence that matters for totting purposes, not the date of the letter.

Jackmydad

I'd say that a speculative anyone in the postulated situation of regularly getting points should have a good hard look at the way they're hypothetically driving, and the legality of their putative vehicle.