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If you have 9 points already on your licence and going to court for speeding at 35 mph in 30 mph in buckinghamshire do they have an option of sending you to speed aware course insted of 3 points making it 12 points and a ban, i am certain that i read that when the police sent me a NIP
Optional Information: Province/Country relating to question : buckinghamshire Already Tried: a Question to Alex Huges
Hi Thank you for your question and welcome to Just Answer. I will try to help with this.
They do have an option to do that but that is an option and not an obligation I'm afraid.
Whether or not to make the speed awareness course available is entirely discretionary.
Many constabularies will not offer it if you have 9 points already unfortunately.
It is thought that doing so would negate the clear will of parliament which is that people who accummilate
12 or more points on their licence should be disqualified for 6 months at least.
I'm afraid that if they refuse to offer the course then nothing can be done to force them as its entirely discretionary.
I suppose you could judicially review the decision to refuse but that will cost many thousands of pounds and is a high test I'm afraid.
Ok.Since you did the deal in store you are not given automatic cooling off rights. They arise if you do a deal over distance or in some other limited circumstances. It might be worth checking your contract to see if you did agree cooling off rights but probably you did not.You can still rely on the Sale of Goods Act but you don't have an unconditional right to reject then unfortunately.The SGA will demand that anything sold during the course of a commercial sale is 'fit for purpose'. That does not mean perfect but it does mean reasonably good with reference to the price, history and age of the vehicle. Here this is brand new and you didn't pay rock bottom prices that you mention here. There are faults so the SGA is plainly engaged.The question really is remedy. In a nutshell you have the right to ask for either a refund, replacement or a repair. However there is an important exemption and that is where the seller can show that a refund would be disproportionately expensive. That is what they rely on during car sales. Case law has developed in such a way as to mean that a car pretty much has to be falling apart before a refund is likely to be reasonable.You can demand a repair though and there would be no realistic challenge to that.Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
I am sorry. That should have gone on another post.Can I assist you further?
i need to no if i can ask the court for a probation officers report on my circumstances and still keep my licence until that report goes back to court
No. Probation would not be involved as this type of offence does not give rise to a community order
Experience: Bar Exams, over 5 years in practice
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