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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65337
Experience:  Over 5 years in practice.
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I have just started a new job and after having a clean license

Customer Question

I have just started a new job and after having a clean license for over 5 years I've (very irresponsibly) racked up 3 speeding tickets in a 1 month period and am concerned about losing my license. Added to this is the fact that I've procrastinated in getting my first NIP sent back in time and it's several weeks late.

The first was 04/03/2013 travelling at 59mph in a 50mph zone.

The second was 26/03/2013 travelling at 43mph in a 30mph zone.

Third was 18/04/2013 travelling at 57mph in a 50mph zone.

My question is, do I face a ban (i.e. are any of these offences worth 6 points rather than 3), am I eligible to take a speed awareness course for one of them, and will I be prosecuted for sending in my NIP late?

All in all not a brilliant month but I brought it all on myself, any advice much appreciated thanks.
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

Jomo1972 :

Hi. Thanks for your question. My name is XXXXX XXXXX I will try to help with this.

Customer:

Hi Jo, thanks

Jomo1972 :

The first matter from the 4/3/13 will lead to 3 points and a fine.

Jomo1972 :

The second one arising from the 26/3/13 is, I'm afraid, going to attract between 4 -6 points on the sentencing guidelines.

Jomo1972 :

The last will only attract 3 points.

Jomo1972 :

The first and third matters would have been a low enough speed for the speed awareness course but the problem is that since there are several others pending they will probably not want to offer that.

Customer:

Okay, so potentially looking at 12 points :/ is there an option for the speed awareness course in any of the incidents?

Customer:

ah okay

Jomo1972 :

If they do it by mistake then you should grab it with both hands. That does happen sometimes.

Jomo1972 :

There is always the chance that they will forget to summons on one of them.

Jomo1972 :

That happens sometimes too.

Customer:

Is there anything else I can do in this situation or is it just a case of waiting to see what happens?

Jomo1972 :

How late are you with the NIP?

Jomo1972 :

Can we take them one at a time starting with the first?

Customer:

sure

Jomo1972 :

Starting with the first, how late are you?

Customer:

the NIP was sent 12/03/2013

Customer:

28 days, so pretty late

Customer:

several weeks

Jomo1972 :

Thats probably not going to be a problem. They will just issue a reminder S172 form asking for the details against and give you another 28 days.

Jomo1972 :

There is a risk they could do that but not likely.

Customer:

okay well at least that is a weight off my mind, but I'll get them all sent out first thing on monday

Jomo1972 :

The other two should be in time.

Jomo1972 :

they will still send out new S172 forms so fill those out too.

Customer:

I've got all the S172 forms, ill send them in rather than waiting for a reminder unless there's a chance it's incriminating in some way (putting a date several weeks after the deadline on the one that's late that is)

Jomo1972 :

Yes, send them in now and also fill out the reminder.

Jomo1972 :

They could charge you with failing to identify but they wont do that.

Jomo1972 :

Given the situation though you have to make a decision.

Jomo1972 :

They may offer you fixed penalties on the first and third matter. There is a chance they could on the second too. Its not really suitable but sometimes they miss that.

Jomo1972 :

If you get 3 fixed penalties then you'll only have 9 points.

Jomo1972 :

Personally I would never take the fixed penalty.

Jomo1972 :

Quite a lot of the time they forget to summons people. They only have 6 months to do so and if they forget you walk away with nothing.

Jomo1972 :

If they do remember then you will still get 3 points but the financial penalty is usually higher although there are some courts that will deal with you as though you've had the fixed penalty.

Jomo1972 :

In this instance, you only need to lose one and you are home and dry

Jomo1972 :

Even if they do summons you for all of that them though you will only get 3 points on the 1st and 3rd matter.

Jomo1972 :

The second will attract 4-6.

Customer:

sorry just to clarify - do you mean not sending in the NIP reply, or they may fail to summon after they have received?

Jomo1972 :

If you get 4 you are home and dry although obiously on the cusp of disqualification.

Jomo1972 :

Not sure what you mean?

Customer:

Sorry I took that to mean not sending in the NIP they may forget to summon but I don't think that's what you meant (was getting the two issues confused)

Jomo1972 :

No, fill out the S172 form always.

Jomo1972 :

Identify the driver. That is a different point.

Jomo1972 :

they will send you a fixed penalty offer which personally I would never take unless they are offering the speed awareness course.

Jomo1972 :

If they don't and you refuse the fixed penalty they will be faced with either summonsing you to court or taking no action.

Customer:

okay, I think I've got all that thanks

one last question - is there a risk of not accepting the fixed penalty, i.e. can you get more points aswell as a higher fine for having it taken to court?

Jomo1972 :

You cannot get more points but you can get a higher fine and costs.

Jomo1972 :

The financial penalties are higher at court generally but there is a chance of walking away with nothing.

Jomo1972 :

in some areas of the country more than others thats a safer bet. In london I think its as high as 50% that they will just forget to summons.

Customer:

That's good to know thanks, XXXXX XXXXX of penalties are usually given out for these kinds of offences?

Jomo1972 :

just points and a fine.

Jomo1972 :

Obviously if you get 12 points though are you a totter and facing disqualification of 6 months unless you can show exceptional hardship.

Customer:

sorry I meant the usual amount of the fine (if there is such a thing)

Customer:

yeah, that's the main concern

Jomo1972 :

75-125% of your weekly income

Jomo1972 :

for the higher bracket.

Jomo1972 :

for the 1st and last one 25-75%

Customer:

ouch
thanks for your help, I may be able to sleep a little easier tonight!

Jomo1972 :

No problem.

Jomo1972 :

All the best.

Customer:

Bye

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65337
Experience: Over 5 years in practice.
Jo C. and 5 other UK Traffic Law Specialists are ready to help you

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Jo C.
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