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PostPosted: Thu Mar 18, 2010 10:23 pm 
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grandad wrote:
Sussex wrote:

Why not wait until the ban is over, and then apply when you will have no points on your license.


The points may go from his license but the convictions will still need to be disclosed and I can't see the LA giving him a badge for at least 3 years of clear driving.

Possibly, but a court may. :wink:

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PostPosted: Thu Mar 18, 2010 10:33 pm 
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Stonefish i think you should phone radio 1 http://www.youtube.com/watch?v=C6ZDsUGiGqM :-({|=

The way the taxi are going mate it might turn out to be a good thing.


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PostPosted: Thu Mar 18, 2010 11:20 pm 
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Quote:
What are the odds that you will be driving whilst disqualified?


None,surprisingly im not that stupid,only have 3 weeks to go anyway.

Quote:
Possibly, but a court may.


That is a good point susses,given me something else to think about.The council guideline is 5 years after disqualification,but as i served a six month ban,it could be overturned as you say.

Quote:
And before you say anything, I was up to 9 points not that long ago and I have worked very hard to make sure that I now drive within the speed limits and I am now down to 3 points. It can be done if you realy mean it.


Right,but just how easy would it have been to get those 3 extra points?

As for being given a chance,yes i agree,but half a chance at best,receiving a ticket ( whic was a hidden mobile unit ) in a 9 month span is quite easily done considering the miles we cover.

i accept some of what you have said,but again i say it has taken my living away from me,and mt little flat that i have worked hard for is now at risk.I dont take drugs,i barely drink nowadays,i'm good with my passengers and they deafinitely like me;i provide a good service.I think it is just oo harsh.

I would say if i ever had received a ban again i would be the last to try and defend nyself,but tat is neither here nor there.


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PostPosted: Fri Mar 19, 2010 1:49 am 
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I had 12 points on my licence last year but because i paid the fixed penalties and did not go to court i was not banned. 3 points came off my licence 2 days after my badge was up for renewel and by the time the LA noticed it and processed my forms i only had 9 points and escaped by the skin of my teeth. And let me tell you whatever the road/conditions/time of day now i never go a fraction over the speed limit ever, i stop at amber traffic lights and have discovered that its not actually hard to do. But i do understand how easy it is to break a 30mph speed limit. But god you are damn unlucky to keep doing it.


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PostPosted: Fri Mar 19, 2010 2:02 am 
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I would look at the the areas around you, and see how their points System works., I may be wrong but I think in Sefton you would lose your licence for 12 months for this :oops:

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PostPosted: Fri Mar 19, 2010 5:58 am 
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stonefish wrote:
Quote:
What are the odds that you will be driving whilst disqualified?


Quote:
None,surprisingly im not that stupid,only have 3 weeks to go anyway.


Quote:
Possibly, but a court may.


That is a good point susses,given me something else to think about.The council guideline is 5 years after disqualification,but as i served a six month ban,it could be overturned as you say.

Quote:
And before you say anything, I was up to 9 points not that long ago and I have worked very hard to make sure that I now drive within the speed limits and I am now down to 3 points. It can be done if you realy mean it.


Right,but just how easy would it have been to get those 3 extra points?

As for being given a chance,yes i agree,but half a chance at best,receiving a ticket ( whic was a hidden mobile unit ) in a 9 month span is quite easily done considering the miles we cover.

i accept some of what you have said,but again i say it has taken my living away from me,and mt little flat that i have worked hard for is now at risk.I dont take drugs,i barely drink nowadays,i'm good with my passengers and they deafinitely like me;i provide a good service.I think it is just oo harsh.

I would say if i ever had received a ban again i would be the last to try and defend nyself,but tat is neither here nor there.


You should have said in your 1st post you had 3 weeks to go, after a third of the ban you can apply to the court to get your licence back under the exceptional hardship rule


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PostPosted: Fri Mar 19, 2010 8:17 am 
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skippy41 wrote:
stonefish wrote:
Quote:
What are the odds that you will be driving whilst disqualified?


Quote:
None,surprisingly im not that stupid,only have 3 weeks to go anyway.


Quote:
Possibly, but a court may.


That is a good point susses,given me something else to think about.The council guideline is 5 years after disqualification,but as i served a six month ban,it could be overturned as you say.

Quote:
And before you say anything, I was up to 9 points not that long ago and I have worked very hard to make sure that I now drive within the speed limits and I am now down to 3 points. It can be done if you realy mean it.


Right,but just how easy would it have been to get those 3 extra points?

As for being given a chance,yes i agree,but half a chance at best,receiving a ticket ( whic was a hidden mobile unit ) in a 9 month span is quite easily done considering the miles we cover.

i accept some of what you have said,but again i say it has taken my living away from me,and mt little flat that i have worked hard for is now at risk.I dont take drugs,i barely drink nowadays,i'm good with my passengers and they deafinitely like me;i provide a good service.I think it is just oo harsh.

I would say if i ever had received a ban again i would be the last to try and defend nyself,but tat is neither here nor there.


You should have said in your 1st post you had 3 weeks to go, after a third of the ban you can apply to the court to get your licence back under the exceptional hardship rule


He had already used the exceptional hardship rule.

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PostPosted: Fri Mar 19, 2010 9:01 am 
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Quote:
I would look at the the areas around you, and see how their points System works., I may be wrong but I think in Sefton you would lose your licence for 12 months for this


If your refering too the decision of a magistrate in court,then it should be the same nationally.a 6 month ban.However if for example your caught doing 104mph as one driver was,he received an instant ban but for 28 days.

If your talking about the private hire licence ,then yep it may well be different,but a 12 month ban would be preferable to a permanent revocation.Here you need to wait 5 years to reapply!


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PostPosted: Fri Mar 19, 2010 11:07 am 
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stonefish wrote:
Quote:
I would look at the the areas around you, and see how their points System works., I may be wrong but I think in Sefton you would lose your licence for 12 months for this


If your refering too the decision of a magistrate in court,then it should be the same nationally.a 6 month ban.However if for example your caught doing 104mph as one driver was,he received an instant ban but for 28 days.

If your talking about the private hire licence ,then yep it may well be different,but a 12 month ban would be preferable to a permanent revocation.Here you need to wait 5 years to reapply!
If the council ban you for 5 years then you have the right of appeal at magistrates' court... if you can show that it is excessive.... you might well win.....

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Fri Mar 19, 2010 7:42 pm 
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The council question on the application is normally something like 'have you had any convictions for mortoring offences in the last x years?'

By accepting the offer of a fixed penalty, can a driver truthfully answer 'no' to that question? He hasn't been convicted, just couldn't be bothered to get involved in the crap-shoot that is the magistrates court.


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PostPosted: Fri Mar 19, 2010 8:10 pm 
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It could also be argued that by accepting the fixed penalty, he has admitted his guilt. :roll:

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PostPosted: Fri Mar 19, 2010 9:15 pm 
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But not in court. Can it therefore stand as a conviction?


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PostPosted: Fri Mar 19, 2010 9:27 pm 
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cabbyman wrote:
But not in court. Can it therefore stand as a conviction?

It is a conviction that can be used in court as evidence of bad character.

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PostPosted: Fri Mar 19, 2010 9:38 pm 
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But i was convicted in a magistrates court,after gaining the 15 points.

no two ways about it,though i do believe it could easily be argued that 5 years is too excessive.Indeed the court banned me for 6 months,therefore i will have paid my debt.Why should i be considered responsible to drive around after 6 months,but not to drive a cab?


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PostPosted: Fri Mar 19, 2010 9:45 pm 
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In respect of the five year ban from driving a licensed vehicle after you get your license returned.

Make the application in the normal way after 12 months after getting your license back.

If refused appeal to the magistrates.

CC

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