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PostPosted: Tue Nov 02, 2010 11:45 am 
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Location: Chelmsford, Essex
Can anyone advise me on how to appeal against a ban for totting up? I wasnt represented in court and I feel because of this my plea for exceptional hardship was overlooked.Im currently on 9 points because 3 points have been spent.Im having difficulty getting legal aid and with a solicitor that covers this subject

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PostPosted: Tue Nov 02, 2010 11:51 am 
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Location: Plymouth
You can go to many Solicitors for a free initial interview of about 30 minutes, get the phone book out and start ringing them to see if they do it.

Unfortunately the Solicitor is going to tell you that it is going to be very expensive.

Even more unfortunately the Solicitor is going to tell you that an appeal is very unlikely to succeed.

Sorry to be the bearer of bad news.

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PostPosted: Tue Nov 02, 2010 11:55 am 
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Location: Chelmsford, Essex
Thanks Chris im livid because I currently have 9 points on my license and also I know drivers that have kept their license for far worse ie no insurance and also a guy who got caught 3 times in the space of a month who ended up with a 1 week ban and ended up getting his license back clean

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PostPosted: Tue Nov 02, 2010 12:09 pm 
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If you had 12 when in Court it does not matter that 3 were about to come off.

If you are now banned you will have Zero points when your ban ends.

Your Local Authority however, will see a "Ban and Zero points".

The action they take is up to them in regards your Taxi or PH licence but they should have guidelines that they follow and which you should have access to.

About 7 or 8 months ago I spoke for a driver at the Council a week or so after he was banned (6 months) for totting up points. He was suspended for the duration of his ban (obvious I know), had to get the VRQ within 6 months of the ban ending and retake the Council driving test within 2 months of the ban ending. He has done the VRQ and takes his driving test this week or next.

How long is your ban?

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PostPosted: Tue Nov 02, 2010 3:21 pm 
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Well you can try whatever this guy has been doing.


http://www.google.co.uk/url?sa=t&source ... IaksOKniMA

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PostPosted: Tue Nov 02, 2010 6:05 pm 
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PostPosted: Tue Nov 02, 2010 9:25 pm 
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chixy wrote:
Can anyone advise me on how to appeal against a ban for totting up? I wasnt represented in court and I feel because of this my plea for exceptional hardship was overlooked.Im currently on 9 points because 3 points have been spent.Im having difficulty getting legal aid and with a solicitor that covers this subject

When you say your plea was overlooked, do you mean they denied you a request or they listened but rejected it?

For exceptional hardship you need to show to the court that the ban will effect others. They don't give a stuff what effect it will have on you.

An example would be your unemployment leading you to lose your family home, thus putting your family on the streets. Or you wouldn't be able to get your kids to school, or if applicable a poorly child/dependant to hospital if they have an ongoing condition.

So basically don't think about the effect on you, but big up the effect on others.

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PostPosted: Wed Nov 03, 2010 10:01 am 
chixy wrote:
Can anyone advise me on how to appeal against a ban for totting up? I wasnt represented in court and I feel because of this my plea for exceptional hardship was overlooked.Im currently on 9 points because 3 points have been spent.Im having difficulty getting legal aid and with a solicitor that covers this subject


If the Courts didn't ban you the Council can't.

There was once a guy who was driving a Taxi with 15 points, yep 15 points.


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PostPosted: Wed Nov 03, 2010 10:31 am 
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Nigel, I beg to differ, the Council have a different agenda - to protect the public.

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PostPosted: Wed Nov 03, 2010 10:40 am 
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Nigel wrote:
chixy wrote:
Can anyone advise me on how to appeal against a ban for totting up? I wasnt represented in court and I feel because of this my plea for exceptional hardship was overlooked.Im currently on 9 points because 3 points have been spent.Im having difficulty getting legal aid and with a solicitor that covers this subject


If the Courts didn't ban you the Council can't.

There was once a guy who was driving a Taxi with 15 points, yep 15 points.


It would appear that the courts did ban him though.

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