KNOW YOUR RIGHTS
In this month’s edition we feature more road traffic issues relevant to the trade supplied by Patterson Law.
These questions are based on real enquiries that we have received from professional drivers this month.
If you need advice on motoring matters please email
e.patterson@
pattersonlaw.co.uk or call us on 01626 359800 for free legal advice.
Q
I was recorded speeding at 70mph in a 50mph limit. I was offered a fixed penalty of three points and a £100 fine and I accepted it. But my licence was then returned and the
fixed penalty refunded, and I have no idea why.
The next I knew is that I was being summonsed to court. I pleaded guilty by post expecting to receive 3 points and was absolutely stunned when they have given me six. What can I do?
A
Unfortunately the court was not wrong. The court has different guidelines from the police. For the speed alleged the police offered you three points – but at Court, the
sentencing guidelines suggest that you would receive between four and six points.
But you do have a 21-day right of appeal. At the moment we do not know when the court hearing was. The day of the hearing will be day one, and you count 21 days with that day included. You must appeal before that time limit runs out, otherwise you will lose your right of appeal.
Once you have appealed the case will be sent to the Crown Court for a hearing. You would need to attend that hearing.
In the first instance we will try to persuade the court to give you the three points that you were offered as part of the fixed penalty. It used to say as part of the sentencing guidelines up until a few years ago that where somebody was unable to accept a fixed penalty through administrative reasons outside of their control, then the court should impose simply the equivalent of the fixed penalty.
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If that is unsuccessful, then you will be considered in the middle bracket of the sentence guidelines putting you at risk of between four and six points. Even then I think that being given six points was harsh, and we could present mitigation to attempt to get it down to four or five points.
However, there are a couple of issues that I must warn you of. Firstly, if the appeal is dismissed the court can impose additional costs. Secondly, for the speed you were caught driving at, you are actually at risk of either penalty points or disqualification of up to 28 days. So if the court doesn’t give you points they might actually ban you for up to four weeks instead.
Q
I got caught by an average speed camera loads of times in a 30mph limit, driving over 30mph but under 40mph. I put in a mitigation letter, due to my job and ongoing
family/mental health problems (which are registered). However because there were so many speeding offences I have received a “Notice Of Proposed Driving Disqualification” to possibly ban me from driving. There were about six or seven instances in total.
I don’t know what to do, please can you help. A
First, you will need to respond to the Notice of Proposed Disqualification requesting a court hearing. Then you will have a hearing to attend.
When somebody reaches 12 points a disqualification of six months is not inevitable. The courts have the discretion not to disqualify if they believe that a ban would cause you exceptional hardship and so that is the argument that you will need to present at that hearing.
The effect of a hardship argument is that the points are endorsed – taking you to 12 or more - but they just don’t ban you. It’s all dependent on your work life and personal life – concentrating on the hardship that would be caused.
But the key in your case is making sure that ALL the cases are tied together. You can only present one argument every three years, so if you go to
SEPTEMBER 2022 PHTM
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