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Advice needed about NIP and solicitors

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Faldo
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PostPosted: 13:23 - 27 Feb 2009    Post subject: Advice needed about NIP and solicitors Reply with quote

The envelope I'd been dreading turned up yesterday: Notice of Intended Prosecution.

I got flashed by a red light camera the Tuesday before last whilst driving the cage. I already have 9 points, so this means I'll be on 12 points, which I believe means that I'll be up in court facing a minimum 6 month ban.

From what I've read, the only way I'm going to escape a ban is if I can prove "Exceptional hardship" which will affect not only myself but others around me. Is this true?

If so, will I be needing a solictor? If so, do they take these cases on a 'no win no fee' basis?

I'd appreciate any info from anyone that has been in this situation before.
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Last edited by Faldo on 13:28 - 27 Feb 2009; edited 1 time in total
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Kickstart
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PostPosted: 13:26 - 27 Feb 2009    Post subject: Reply with quote

Hi

Best suggestion I can make is to go to Pepipoo.

All the best

Keith
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Bikeless
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PostPosted: 13:29 - 27 Feb 2009    Post subject: Reply with quote

I don't think you can get a no win no fee solicitor as there is nothing for them to win,they work on personal injury cases.You may be able to get a duty solicitor at the court.Pleading hardship may work but not definitely.If it's a case that you need your licence for work and may lose your job but if you can use public transport it won't work.
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Faldo
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PostPosted: 13:38 - 27 Feb 2009    Post subject: Reply with quote

fireblade2102 wrote:
I don't think you can get a no win no fee solicitor as there is nothing for them to win,they work on personal injury cases.You may be able to get a duty solicitor at the court.Pleading hardship may work but not definitely.If it's a case that you need your licence for work and may lose your job but if you can use public transport it won't work.


Well, this is where it gets complicated, and I don't really know how to play it (whereas a paid solicitor might).

I own a small company (I.e there's only me and another partner). However, I have just made an investment in the business to expand, which could obviously make or break the company. In all honesty, a six month ban will make things more difficult, but I doubt it will have a catastrophic effect on the business. However, a judge isn't going to know that is he? If he believes that it could affect my business partner he might be more lenient, but how far would a judge normally go to assertain the exceptional hardship caused to others if I'm banned.

Will a duty solicitor work as hard to escape the ban as solicitor that I have paid? I don't know, but I wouldn't of thought so.
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Kickstart
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PostPosted: 13:41 - 27 Feb 2009    Post subject: Reply with quote

Hi

Don't think you can have access to the duty solicitor anymore anyway. Think it is now restricted to offences where prison is an option (stops people using the duty solicitor to get away without paying their speeding taxes).

All the best

Keith
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Faldo
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PostPosted: 13:43 - 27 Feb 2009    Post subject: Reply with quote

Oh right, I didn't know that. Better get the Yellow Pages out and clear the moths from my wallet then.
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Bikeless
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PostPosted: 13:44 - 27 Feb 2009    Post subject: Reply with quote

If you can afford it then i would say pay a solicitor as they will work harder for your money and you can plan the case ahead of the court date.

Last edited by Bikeless on 13:46 - 27 Feb 2009; edited 1 time in total
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Kickstart
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PostPosted: 13:45 - 27 Feb 2009    Post subject: Reply with quote

Hi

Confirm it first please (not sure exactly what offences are no longer covered by them), but certainly do not just turn up on the day and assume that they will help you.

All the best

Keith
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Faldo
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PostPosted: 14:06 - 27 Feb 2009    Post subject: Reply with quote

I think I'd rather have my own representation anyway Keith. Just spoken to a local solicitor and I've got a meeting with them on Wednesday, but it doesn't sound particularly hopeful.
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kitty kat
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PostPosted: 21:25 - 27 Feb 2009    Post subject: Reply with quote

From personal experience 6 months ago, a duty solicitor cannot help with things like speeding offenses. I had to defend myself when I was last in court over failing to tell them who was riding the bike. Fortunately I won my case and escaped the 6 month ban I was facing.
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Phoenix
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PostPosted: 22:43 - 27 Feb 2009    Post subject: Reply with quote

Given the way things are at the moment I think you've at least got a better chance of proving that it could potentially ruin you financially, they won't investigate as it's heard there and then on the day where the decision will be made, the alternative would probably be something like 2 points and a very large fine. Just don't drive yourself to court.
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iooi
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PostPosted: 10:13 - 28 Feb 2009    Post subject: Reply with quote

Maybe i'm alone here, but this phrase "Exceptional hardship"
Should be removed and no matter what getting to the limit of points means what it say. A ban of x months....

Sorry, but you knew that you had 9 points and yet still managed to run a red light.....
You knew the risks yet still carried on and broke the law, yet now are trying to worm your way out.

Why should anyone be allowed to flout the law, and this goes for the highly paid as much as anyone else and be able to get away with it, while other's have to take the punishment for the crime....
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Itchy
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PostPosted: 10:22 - 28 Feb 2009    Post subject: Reply with quote

iooi wrote:

Why should anyone be allowed to flout the law, and this goes for the highly paid as much as anyone else and be able to get away with it, while other's have to take the punishment for the crime....


Its because of knock on effects , ie in Cornwall there was a taxi driver on 15 points, but he was the sole bread winner for the family of 4 , you take away his licence he suddenly doesn't have an income, and the whole family gets shunted onto benefits....

The law thinks uh oh is it better to have this guy on benefits costing everybody else plenty or to let him keep his licence but get raped on insurance?.
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JonB
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PostPosted: 10:24 - 28 Feb 2009    Post subject: Reply with quote

Yeah but come on, one is slightly stupid to try and run a red light whilst on 9 points... I'm sure the judge will see it that way.
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Itchy
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PostPosted: 10:28 - 28 Feb 2009    Post subject: Reply with quote

Jon B wrote:
Yeah but come on, one is slightly stupid to try and run a red light whilst on 9 points... I'm sure the judge will see it that way.


True , my instructors have said though that if it is completely unsafe to stop or that you can't stop in time then its a very very low chance defence.

But on the East Lancs road you have a 60mph limit and the lights change really quickly (I hate riding on that road makes me paranoid). on the old NTV I would pull near verticle stoppies on the road to stop for the lights from 40.
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Phoenix
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PostPosted: 22:29 - 28 Feb 2009    Post subject: Reply with quote

iooi wrote:
Sorry, but you knew that you had 9 points and yet still managed to run a red light.....
You knew the risks yet still carried on and broke the law, yet now are trying to worm your way out.


Maybe if it was speeding, but red light cameras can get innocent people. You usually have 1 second to pass the red light before the camera will consider you to have shot it. If you are doing 40 and it changes to amber and green just before you get there it is often not safe to slam the brakes on and stop dead there, big risk of someone rear ending you or not actually stopping in time and ending up in the junction.

While if you do advanced driving and all this then your taught that the most dangerous light is a green one because it can turn red at any time blah blah so are taught to slow down in advance, it's not always practical and they often catch you out, and not anyone does any training beyond test anyway.
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