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Endorsment advice


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#1 Raj

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Posted 23 April 2011 - 18:32

Hi, just looking for some advice on endorsments on my licence.....

I just got a summons through the post this week, for no insurance (wont get into it, long story)

Now, i have been told that no isurance is 6points, so which would mean, i would end up with 12 points as i already have 6. Looking at my counterpart, my first conviction date (first 3points) was 20/03/08, so just over three years ago.

The second conviction date (second 3points), well there isnt a conviction date, just offence code, and offence date which is confusing me, so have i been convicted of the offence?

I always thought that 12 points is a ban, but reading on the .gov site, it says that if you tot up 12 or more points in 3 years, then its a ban, so does that mean, i would get away with a ban, as i will have totted up 12 points after the first set was given to me (that make sense)? so it will be 3years and 1month (or more depending when they convit me) for 12 points

hope all that make sense, and any adivce is appreciated

Raj
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#2 Lord B

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Posted 23 April 2011 - 19:19

going by what you say, on totting up rules would take you to 9, insurance companies ask for points in last 5 years to add into the random number generator working out premium, but don't know the intricacies of all the different times that points are active and when they are not live but can be taken into consideration

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#3 chopster

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Posted 23 April 2011 - 19:32

It's a bit of a weird setup that points toting up process as someone I know had 15 points on his licence and still wasn't banned :huh:

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#4 GazT4R

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Posted 23 April 2011 - 21:18

View Postchopster, on 23 April 2011 - 19:32 , said:

It's a bit of a weird setup that points toting up process as someone I know had 15 points on his licence and still wasn't banned :huh:

It's down to the magistrates decision essentially.
You can ask to keep your licence on the grounds of hardship, however this has to been the hardship of others (and therefore a ban would effect them so the magistrates would be punishing them for something that you did, so this would be unfair as it's not their fault and only you should be punished for it). That's one way. The other uses the same sort of arguement but in cases such as speeding you can ask the magistrate to ban you for the speeding offence itself in which the magistrate has more leeway and can therefore ban you for say 28 days soley for the speeding offence whereas for toting up to 12 points the minimum is 12 months iirc.

Check with a solicitor with all the dates etc. as it does look like you will be outside the toting up and should go to nine points however as I said check with a brief, their first consult is free anyway and then go from there.

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#5 Raj

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Posted 23 April 2011 - 21:47

Thanks for the advice guys... im going to speak to a solicitor, but just wanted some adivce from yourself's.

I will be in toruble if i lost my licence, as thats used for my income and  i will struggle at home, with my mother and father being disabled

Edited by Raj, 23 April 2011 - 21:47 .

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#6 GazT4R

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Posted 23 April 2011 - 22:40

View PostRaj, on 23 April 2011 - 21:47 , said:

Thanks for the advice guys... im going to speak to a solicitor, but just wanted some adivce from yourself's.

I will be in toruble if i lost my licence, as thats used for my income and  i will struggle at home, with my mother and father being disabled
No worries Raj.
If your mother and father are financially dependent upon you, or even part so and losing your licence would affect them or any other family member, then that would be an arguement for what I was on about above should you require it/be found guilty.

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#7 Raj

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Posted 23 April 2011 - 22:44

Cheers Gaz.... i didnt know that was possible as a plee, but will get some legal advice too.....

Im not trying to get out of a punishment for my stupidity, between us, i will take a huge fine and loads of points, i just dont want to lose the plastic pink card and the paper.

and then rest of you, bugger off, you aint getting my cars if i get a ban. :lol:
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#8 V70Ben

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Posted 24 April 2011 - 07:02

View PostRaj, on 23 April 2011 - 18:32 , said:

Hi, just looking for some advice on endorsments on my licence.....

I just got a summons through the post this week, for no insurance (wont get into it, long story)

Whoops...  :blink:

View PostRaj, on 23 April 2011 - 18:32 , said:

Now, i have been told that no isurance is 6points, so which would mean, i would end up with 12 points as i already have 6. Looking at my counterpart, my first conviction date (first 3points) was 20/03/08, so just over three years ago.

No Insurance is  6 to 8 points on licence, and usually a fairly hefty fine.

View PostRaj, on 23 April 2011 - 18:32 , said:

The second conviction date (second 3points), well there isnt a conviction date, just offence code, and offence date which is confusing me, so have i been convicted of the offence?

If there's a date and a code - it's there :lol: - you'll have taken a fixed penalty for it at a guess ;)

View PostRaj, on 23 April 2011 - 18:32 , said:

I always thought that 12 points is a ban, but reading on the .gov site, it says that if you tot up 12 or more points in 3 years, then its a ban, so does that mean, i would get away with a ban, as i will have totted up 12 points after the first set was given to me (that make sense)? so it will be 3years and 1month (or more depending when they convit me) for 12 points

You will probably have to make representations as Gaz has stated,  to stop yourself getting a totting up ban, it makes very little sense to anybody other than those closely involved in the chaotic system... It may be 3 years and 1 month... but knowning Magistrates, anything is possible
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#9 kwk2

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Posted 24 April 2011 - 07:12

V70Ben is spot on. I doubt very much that you would receive a ban but you will get a very big fine.

#10 Mongo

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Posted 24 April 2011 - 08:59

When i went to court there was a guy in before me who had got to 9 points and was in court for speeding so would therefore go over the 12 with points,they banned him instead,can't get points and a ban,big fine for him as he was the boss of a landscape gardening company and had to travel around quoteing jobs and other people had to depend on him,he had to get someone to drive him about for the month.
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#11 Raj

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Posted 24 April 2011 - 10:44

View PostV70Ben, on 24 April 2011 - 07:02 , said:

If there's a date and a code - it's there :lol: - you'll have taken a fixed penalty for it at a guess ;)

Thats the thing, theres an offence date, but no conviction date, and no fine. According to the .gov site, it says they go off the conviction date!!
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#12 Sir Drivealot

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Posted 24 April 2011 - 11:42

View PostRaj, on 24 April 2011 - 10:44 , said:

Thats the thing, theres an offence date, but no conviction date, and no fine. According to the .gov site, it says they go off the conviction date!!

Which if you chose to accept a fixed penalty, will have been at that point in time, rather than a later date you would have with a court appearance (which you did not have). Hence only the one date.

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