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| Author: | youbeenbusy [ Thu Sep 11, 2008 1:49 pm ] |
| Post subject: | points ban |
A friend of mine has been banned from driving due to the topping up of points. he has been banned for 3 months by the court. He has been told that he will lose his H/C driving badge for a further 3 years . Can the local L/A do this ? it would appear he is being punished twice for his crime. Would he have a claim of an appeal under the human rights act as the L/A is refusing him the right to work ? |
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| Author: | captain cab [ Thu Sep 11, 2008 1:53 pm ] |
| Post subject: | Re: points ban |
jon wrote: A friend of mine has been banned from driving due to the topping up of points. he has been banned for 3 months by the court.
He has been told that he will lose his H/C driving badge for a further 3 years . Can the local L/A do this ? it would appear he is being punished twice for his crime. Would he have a claim of an appeal under the human rights act as the L/A is refusing him the right to work ? It's not double jeopardy....the LA issue the license or revoke the license on the basis the person is fit and proper. Three years sound rather savage....and TBH all the guy has to do is re-apply.....if he isnt granted a license then he can appeal though magistrates and then crown court. CC |
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| Author: | Sussex [ Thu Sep 11, 2008 6:21 pm ] |
| Post subject: | Re: points ban |
jon wrote: Can the local L/A do this ? it would appear he is being
punished twice for his crime. The L/A can do that if they have a policy in place saying they will do that. But that doesn't necessary make it legal, and, in my un-professional view, I would say a three year gap is very extreme. |
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| Author: | Sussex [ Thu Sep 11, 2008 6:23 pm ] |
| Post subject: | Re: points ban |
jon wrote: Would he have a claim of an appeal under the human rights act as the L/A is refusing him the right to work ?
Could do, but if I was in his shoes I would simply appeal to the mags court under the grounds that that decision is not fair and not reasonable. For what it's worth I think with a good solicitor he will win. |
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| Author: | jimbo [ Thu Sep 11, 2008 8:00 pm ] |
| Post subject: | Re: points ban |
jon wrote: A friend of mine has been banned from driving due to the topping up of points. he has been banned for 3 months by the court.
He has been told that he will lose his H/C driving badge for a further 3 years . Can the local L/A do this ? it would appear he is being punished twice for his crime. Would he have a claim of an appeal under the human rights act as the L/A is refusing him the right to work ? What were the points for? Now he has lost his licence, he would automatically lose his badge, and would be treated as a new applicant, (which my LO guy tells me applies to us all on renewal) so, his chances of getting his badge straight back are slim. Sorry, and all that. but he could've took the hint and slowed down, could he not? |
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