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| Faldo |
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 Faldo World Chat Champion

Joined: 05 Aug 2007 Karma :  
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 Posted: 13:23 - 27 Feb 2009 Post subject: Advice needed about NIP and solicitors |
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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. ____________________ Current: ZZR1400
Previous: ZXR 400 L9, ZX-7R P5, ZZR 400, ZX-7R P6, Bandit 600, GSXR 750 Slingshot, DRZ400, DR650, ZX10R C1H, ZXR 750 L1, ZXR 750 L3, '99 ZX7R P4, KTM 300 EXC, ZX-9R E1, TDM850
Last edited by Faldo on 13:28 - 27 Feb 2009; edited 1 time in total |
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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 Posted: 13:26 - 27 Feb 2009 Post subject: |
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| Bikeless |
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 Bikeless World Chat Champion
Joined: 27 Jun 2008 Karma :  
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| Faldo |
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 Faldo World Chat Champion

Joined: 05 Aug 2007 Karma :  
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 Posted: 13:38 - 27 Feb 2009 Post subject: |
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| 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. ____________________ Current: ZZR1400
Previous: ZXR 400 L9, ZX-7R P5, ZZR 400, ZX-7R P6, Bandit 600, GSXR 750 Slingshot, DRZ400, DR650, ZX10R C1H, ZXR 750 L1, ZXR 750 L3, '99 ZX7R P4, KTM 300 EXC, ZX-9R E1, TDM850 |
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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| Faldo |
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 Faldo World Chat Champion

Joined: 05 Aug 2007 Karma :  
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 Posted: 13:43 - 27 Feb 2009 Post subject: |
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Oh right, I didn't know that. Better get the Yellow Pages out and clear the moths from my wallet then. ____________________ Current: ZZR1400
Previous: ZXR 400 L9, ZX-7R P5, ZZR 400, ZX-7R P6, Bandit 600, GSXR 750 Slingshot, DRZ400, DR650, ZX10R C1H, ZXR 750 L1, ZXR 750 L3, '99 ZX7R P4, KTM 300 EXC, ZX-9R E1, TDM850 |
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| Bikeless |
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 Bikeless World Chat Champion
Joined: 27 Jun 2008 Karma :  
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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| Faldo |
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 Faldo World Chat Champion

Joined: 05 Aug 2007 Karma :  
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 Posted: 14:06 - 27 Feb 2009 Post subject: |
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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. ____________________ Current: ZZR1400
Previous: ZXR 400 L9, ZX-7R P5, ZZR 400, ZX-7R P6, Bandit 600, GSXR 750 Slingshot, DRZ400, DR650, ZX10R C1H, ZXR 750 L1, ZXR 750 L3, '99 ZX7R P4, KTM 300 EXC, ZX-9R E1, TDM850 |
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| kitty kat |
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 kitty kat World Chat Champion

Joined: 20 Jun 2007 Karma :   
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| Phoenix |
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 Phoenix Twisted Firestarter

Joined: 01 Aug 2002 Karma :    
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| iooi |
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 iooi Super Spammer

Joined: 14 Jan 2007 Karma :    
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 Posted: 10:13 - 28 Feb 2009 Post subject: |
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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.... ____________________ Just because my bike was A DIVVY, does not mean i am...... |
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| Itchy |
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 Itchy Super Spammer

Joined: 07 Apr 2005 Karma :     
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| JonB |
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 JonB Afraid of Mileage

Joined: 03 Jun 2004 Karma :  
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 Itchy Super Spammer

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 Phoenix Twisted Firestarter

Joined: 01 Aug 2002 Karma :    
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Old Thread Alert!
The last post was made 17 years, 222 days ago. Instead of replying here, would creating a new thread be more useful? |
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