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#Post#: 29061--------------------------------------------------
Advice Needed - Referral To Court - Re: Disqualification
DIR By: Pringles
Date: July 8, 2024, 4:47 am
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I am trying to help a Family member who has been summoned to
court regarding driving disqualification
Family member provides full time care and assistance for a
family member who has mobility issues.
They used the family members vehicle to purchase food but they
were stopped by the policy and the vehicle was seized because
they were not on the insurance policy.
I am after advice on how best they can prepare for the court?
Do they need to bring anything with them to court?
Disqualification would be disastrous as it would be incredibly
difficult to provide care, food, medication and assistance to
immobile individual.
If it helps, the immobile individual has a Blue Badge, they
receive Attendance Allowance and the family member is in receipt
of Carer's Allowance.
#Post#: 29063--------------------------------------------------
Re: Advice Needed - Referral To Court - Re: Disqualification
DIR By: The Rookie
Date: July 8, 2024, 5:01 am
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1/ They would not normally be disqualified for a single driving
while uninsured offence, so it suggests there is a back story
you've failed to mention (such as already on 6 points or more?).
2/ Do they have their own car insurance, does it provide 'Drive
other vehicle' cover?
Impossible to answer your Q without the answer to 1.
#Post#: 29083--------------------------------------------------
Re: Advice Needed - Referral To Court - Re: Disqualification
DIR By: slapdash
Date: July 8, 2024, 6:25 am
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Is it a motability vehicle ? If so even if there is DOV cover in
place from the policyholders own policy it doesn't necessarily
help because motability don't generally give permission for
anybody who is not a named driver.
#Post#: 29098--------------------------------------------------
Re: Advice Needed - Referral To Court - Re: Disqualification
DIR By: NewJudge
Date: July 8, 2024, 7:59 am
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Is there any reason why te court may be considering
disqualification? Has the driver any points on his licence?
#Post#: 29104--------------------------------------------------
Re: Advice Needed - Referral To Court - Re: Disqualification
DIR By: andy_foster
Date: July 8, 2024, 8:47 am
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And is there any particular reason why the OP is providing a
gibberish second hand account, concerning two parties both
helpfully identified as "family member"?
#Post#: 29120--------------------------------------------------
Re: Advice Needed - Referral To Court - Re: Disqualification
DIR By: Pringles
Date: July 8, 2024, 10:24 am
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Yes, they have point on their licence already.
I was after some general advice I could pass on when someone is
preparing for court.
I have already advised that they should show up an hour early,
wear a suit and be remorseful.
Is there anything else they should do?
I also understand that given their circumstances of (i.e. being
a full time carer) they could possibly ask for leniency on
grounds of 'exceptional hardship'.
To go down this ground, would a letter from the care receiver be
enough. Or would they need to provide additional documents such
as proof of Attendance Allowance, bank statements etc
Would this need to be submitted in advance or could they just
turn up to the hearing with their evidence?
#Post#: 29124--------------------------------------------------
Re: Advice Needed - Referral To Court - Re: Disqualification
DIR By: NewJudge
Date: July 8, 2024, 10:51 am
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You need to tell us exactly what has happened. Or better still,
get the family member concerned to post themselves so that
information does not get lost or distorted in the telling.
We need to know what they have been convicted of (presumably
driving without insurance), what their previous offences were
and when they took place, what the sentences were (particularly
in terms of points or disqualification) for those offences.
The reason this is important is that you are talking about the
person concerned making an "exceptional hardship" argument. This
is only available when the driver faces a "totting up"
disqualification. There is lot more to presenting this argument
than simply turning up with a letter from somebody who has a
vested interest in seeing the driver remain on the road.
#Post#: 29205--------------------------------------------------
Re: Advice Needed - Referral To Court - Re: Disqualification
DIR By: The Rookie
Date: July 9, 2024, 2:24 am
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--- Quote from: Pringles link ---
>
> I also understand that given their circumstances of (i.e.
being a full time carer) they could possibly ask for leniency on
grounds of 'exceptional hardship'.
>
> To go down this ground, would a letter from the care receiver
be enough. Or would they need to provide additional documents
such as proof of Attendance Allowance, bank statements etc
>
> Would this need to be submitted in advance or could they just
turn up to the hearing with their evidence?
>
--- End Quote ---
Exceptional hardship is indeed the term, and that it is hardship
to others carries more weight than hardship to the 'criminal'.
Anything to show that the hardship is genuine, they would
probably be advised to take that evidence but only share it if
questioned, they will be giving verbal evidence under oath (so
no telling porkies) and usually a court won't ask for every
element to be proven. No need for a suite, just clean and
relatively smart to show they are taking it seriously, we aren't
in the 1980's anymore!
No need to present anything in advance, the court is aiming to
achieve Justice so while they will want to ask some pertinent
questions no-one will set out to trip them up on admin type
issues.
#Post#: 29347--------------------------------------------------
Re: Advice Needed - Referral To Court - Re: Disqualification
DIR By: Pringles
Date: July 10, 2024, 4:05 am
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--- Quote from: The Rookie link ---
>
> [quote author=Pringles link=topic=2460.msg29120#msg29120
date=1720452266]
> I also understand that given their circumstances of (i.e.
being a full time carer) they could possibly ask for leniency on
grounds of 'exceptional hardship'.
>
> To go down this ground, would a letter from the care receiver
be enough. Or would they need to provide additional documents
such as proof of Attendance Allowance, bank statements etc
>
> Would this need to be submitted in advance or could they just
turn up to the hearing with their evidence?
>
--- End Quote ---
Exceptional hardship is indeed the term, and that it is hardship
to others carries more weight than hardship to the 'criminal'.
Anything to show that the hardship is genuine, they would
probably be advised to take that evidence but only share it if
questioned, they will be giving verbal evidence under oath (so
no telling porkies) and usually a court won't ask for every
element to be proven. No need for a suite, just clean and
relatively smart to show they are taking it seriously, we aren't
in the 1980's anymore!
No need to present anything in advance, the court is aiming to
achieve Justice so while they will want to ask some pertinent
questions no-one will set out to trip them up on admin type
issues.
[/quote]
Thank you.
This is precisely what I was after. Just some general advice I
could pass on.
Suit is not required. Dress smart, but not over the top.
In case it is required, have evidence ready and in order.
Thanks again.
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