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#Post#: 54771--------------------------------------------------
Re: Have I been caught?
By: NewJudge Date: January 23, 2025, 1:31 pm
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1. She will have to attend court as she will face
disqualification. The police have six months from the offence
date to bring proceedings and in many areas they take all of
that.
2. She must convince the court that she or others will face
"exceptional hardship" if she is banned. This is the guidance
for Magistrates when they consider such an argument:
When considering whether there are grounds to reduce or avoid a
totting up disqualification the court should have regard to the
following:
It is for the offender to prove to the civil standard of proof
that such grounds exist. Other than very exceptionally, this
will require evidence from the offender, and where such evidence
is given, it must be sworn.
Where it is asserted that hardship would be caused, the court
must be satisfied that it is not merely inconvenience, or
hardship, but exceptional hardship for which the court must have
evidence.
Almost every disqualification entails hardship for the person
disqualified and their immediate family. This is part of the
deterrent objective of the provisions combined with the
preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the
risk to their licence of further penalty points, the court can
take this circumstance into account.
Courts should be cautious before accepting assertions of
exceptional hardship without evidence that alternatives
(including alternative means of transport) for avoiding
exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a
driving ban for many people. Evidence that loss of employment
would follow from disqualification is not in itself sufficient
to demonstrate exceptional hardship; whether or not it does will
depend on the circumstances of the offender and the consequences
of that loss of employment on the offender and/or others
You will note that losing one's job is not usually by itself
considered sufficient.
3. She doesn't need a lawyer. She can make the argument herself.
4. I have heard of people who have been quoted up to £3,000 to
deal with an EH argument.
5. If she decides to put forward an EH case she will do best to
provide evidence for all the matters she says will cause her
hardship and also show that she has explored all possible
alternatives which do not involve her driving and why they are
impossible/impractical or whatever.
#Post#: 54953--------------------------------------------------
Re: Have I been caught?
By: Notme Date: January 24, 2025, 11:47 am
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Many thanks for the reply.
Although she CAN make the argument herself, do you think having
a lawyer will
a) carry more wait with the magistrates
b) just help with HOW to make the arguments
#Post#: 55036--------------------------------------------------
Re: Have I been caught?
By: NewJudge Date: January 25, 2025, 7:18 am
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[quote]a)...carry more wait with the magistrates[/quote]
There are two schools of thought with this. One says that the
court will be more convinced if the circumstances are related by
the defendant personally with all the errors and emotions that
might involve. If she wants to do this and is not too confident
she can draft it (you can put it on here for critique) and
either read it to the court or ask the Magistrates to read it
themselves. She will, however, be asked to provide her evidence
on oath and will undoubtedly be questioned by the Magistrates.
The other view is that a lawyer will be more eloquent and less
likely to overlook any important points or involve anything
irrelevant. But of course that problem can be overcome by
drafting the argument as I suggested.
In either event I believe the court will be more interested in
the content rather than style.
[quote]b)...just help with HOW to make the arguments[/quote]
That is certainly an advantage that cannot be overlooked. It is
important if a lawyer is engaged to ensure a motoring specialist
is chosen. We have seen reports on here of advice allegedly
given by some lawyers and it is obvious that they clearly do not
specialise (or, on some occasions even have much of a clue) in
motoring matters.
It’s my view that a decent argument will stand up whoever
presents it. You can get views and advice on here with the
content. If she does reach this stage it would be a good idea to
raise a thread in the "Speeding and other criminal offences"
section. It might be best for her to post herself so as to avoid
anything being "lost in the translation" (or transmission).
#Post#: 57815--------------------------------------------------
2 speeding tickets within days
By: deltofe93 Date: February 12, 2025, 8:20 am
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Hello.
I *think* I was caught speeding twice.
Thursday 6 Feb @4am (heading to the airport) I think maybe 40 in
a 30
Sunday 9 Feb @ approx 6/7pm (returning from the airport) 38 in a
30
I'm really frustrated with myself as I know the first road and
drive past that camera frequently, I think as the roads were
quiet I had a momentary lapse of judgement.
Less familiar with the second one, but I know I should have been
more focussed, and I think I was nervous as I hadn't driven
since being flashed on Thurs and was just wanting to get home
and out the car.
I have done a speed awareness course in Dec 2022 so I know this
won't be an option for me.
Has anyone had two speeding fines in quick succession and if so,
what the outcome was?
Please don't berate me, I know I should have been more aware and
I'm already anxious and upset as it is.
#Post#: 57818--------------------------------------------------
Re: Have I been caught?
By: andy_foster Date: February 12, 2025, 8:30 am
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If you do receive anything in the post and ask for advice
regarding a live case, please try to tell us what actually
happened without making things up. Your thread title, posted in
the live cases forum before it was merged with the "Have I been
caught?" thread was "2 speeding tickets within 2 days" - whereas
you have not received any speeding tickets, regardless of how
loosely you define the term.
We don't care what motoring faux pas you committed or are
accused of committing that resulted in you seeking our advice,
but we do care whether you show abject contempt for us by lying
to us.
#Post#: 57819--------------------------------------------------
Re: Have I been caught?
By: deltofe93 Date: February 12, 2025, 8:34 am
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[quote author=andy_foster link=topic=4.msg57818#msg57818
date=1739370653]
If you do receive anything in the post and ask for advice
regarding a live case, please try to tell us what actually
happened without making things up. Your thread title, posted in
the live cases forum before it was merged with the "Have I been
caught?" thread was "2 speeding tickets within 2 days" - whereas
you have not received any speeding tickets, regardless of how
loosely you define the term.
We don't care what motoring faux pas you committed or are
accused of committing that resulted in you seeking our advice,
but we do care whether you show abject contempt for us by lying
to us.
[/quote]
So sorry - new here!
#Post#: 60608--------------------------------------------------
Speed gun
By: Immolared Date: March 4, 2025, 4:19 pm
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Hi all,
I was a member of pepipoo (no longer around) and i’m glad we
have another community! I’ll have to build my stats back up. In
the meanwhile i need some help for all of you:
I got caught doing 47 in a 40 by a speed gun with the officer
sitting inside a car. They didn’t bother stopping me so I’m
expecting a letter. My speed gps is estimated 45/46mph. Would
they proceed with a ticket or apply the 10% plus 2mph. It’s
within the london country Newham. Thank you for all of your help
in advance :)
#Post#: 60612--------------------------------------------------
Re: Speed gun
By: NewJudge Date: March 4, 2025, 4:45 pm
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Enforcement in a 40 limit normally begins at 46mph.
#Post#: 60788--------------------------------------------------
Being accused of removing the note after a small crash - England
By: Electrical-Kale-8097 Date: March 5, 2025, 12:49 pm
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Crosspost from reddit:
Hello,
I live in a tower block with a small car park where I have a
designated spot. When parking the other day I accidentally
tapped the car next to our spot. I decided to move the car onto
the road so I could better asses the damages on both cars as it
is a bit of an awkward spot. Someone on the balcony above who
witnessed the crash shouted down, accusing me of trying to leave
without leaving details so my husband waited with the car whilst
I moved our car and got some note paper.
I left a note with our details and didn't think much more of it.
Both cars have been parked next to each other for a couple of
days.
Today I find a note on our car accusing me of removing the note.
They heavily insinuate that the same neighbour from the above
balcony saw me come down later that day and take the note off
the car. They are saying they are reporting the incident to the
police as a hit and run. Obviously, I did not go and remove the
note but I don't know how I could prove that as there is no
CCTV, and this other person is saying they have a witness. I am
freaking out a little as I don't want to be convicted of a
crime. I have texted the person who left the note but have not
had a response. What is likely to happen here if they have
reported this to the police?
Thanks
#Post#: 65813--------------------------------------------------
Cycle Lane driving in Surry Quays
By: harryharoon Date: April 5, 2025, 5:38 pm
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​While driving on Lower Road from Central London towards
Greenwich, I inadvertently entered a two-way cycle lane shortly
after passing Surrey Quays station.
This cycle lane is as wide as a regular traffic lane, and there
was no signage on the roadside.
I missed the blue road markings on the floor due to nighttime
driving conditions. Upon realizing my mistake, I promptly exited
the cycle lane.
After stopping, I observed a camera nearby, but it appeared to
be angled towards the yellow box junction behind me. Should I be
concerned about receiving a Penalty Charge Notice (PCN) for this
incident?​
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