Ban and no points??

Author
Discussion

funkihamsta

Original Poster:

1,261 posts

270 months

Sunday 8th September 2002
quotequote all
I don't get it. In what cirumstances would you get a fine and or a ban for speeding but NO POINTS. It appears that this has happened to quite a few PHers which is great news for them as its the points that cripple.
What decides a no points punishment?

winningspin

9 posts

271 months

Monday 9th September 2002
quotequote all
For speeding offences you get EITHER points or a ban. A ban is issued for offences over 30mph above the limit. Points are issued for offences at lower speeds.

Therefore, the faster you go, the less likely you are to get points . A first-time ban tends to be for a couple of months max. However, if you get caught going 30 over the limit again, its an instant 6mth ban, no questions asked


Hardcore2000

788 posts

278 months

Monday 9th September 2002
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I know its great this ban and no points situation.

I was convicted for 98-106 recently and case been deffered for banning. seems i might get a couple of weeks. dont even need the car at the moment really, if things been slightly different recently i may not have been driving at all at the moment or even had a car!

So it seems this punishment can be brilliant depending on your situation. I was already on 5 points so if i got six more i could see a 6 month ban coming soon with my luck and that would be a f****ing nightmare!

I think its not as clear cut as over 30 over limit and ban its at magistraites discretion. If a ban suits you try and call their bluff by saying how much a ban would but you out and low and behold you get a ban, job done.

Only problem is i think insurance is related to penalty you were given rather than the offence code????

Has anyone had any experience with insurance companys on this, i just renewed recently, if i tell them i got a ban will they want more money out of me before next year?

VictorMeldrew

8,293 posts

284 months

Monday 9th September 2002
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I'm not so sure, I don't think its quite a clean slate after you've been banned.

simonm

23 posts

267 months

Monday 9th September 2002
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If you do get a ban, no matter how much , you will be looking at a serious hike in premimum, so this is unlike points which dissapear after three years. As far as I know a conviction resulting in loss of licence must always be declared on an application for insurance, much the same as DD, hence your premium will be heading North pretty quickly.

Personally I'd rather the points and take it easy, so a ban is definitley not the easy get out you may think, you'll be paying for years to come.

I'm sure some of the more knowledgeabe PH'ers will be able to give some more credance (sp) to this.

Simon

>> Edited by simonm on Monday 9th September 09:53

craigtonner

2,574 posts

286 months

Monday 9th September 2002
quotequote all
Yeah but remember the points:
1. Insurance companies ask you to declare any points obtained in the last 5 years.
2. The toting up system is 12 points within 3 year period.
3. The points cannot be removed from your license until 4 years.

Either way the insurance companies win.

VictorMeldrew

8,293 posts

284 months

Monday 9th September 2002
quotequote all
Its farcical isn't it?

Points have a "shelf life" of 3 years but remain on licence for 4. Why exactly?

Insurance companies want to know details for last 5 years. What if you've had them removed from your licence and can't remember/have no record of the details? Surely a spent conviction is a spent conviction? This is just insurance companies having it all their own way IMHO, and it's not right.

GregC

81 posts

271 months

Monday 9th September 2002
quotequote all
According to an Insurance Broker Friend asking for details of points that are not on the license any more is against the Rehabilitation of offenders act (or something) but they all do it.

I can't understand how Speeding on a motorbike results in your car insurance premium going up as they count the points the same BUT no claims discount on a bike isn't counted for a car (seems like having your cake and eating it!!).

Size Nine Elm

5,167 posts

291 months

Monday 9th September 2002
quotequote all
quote:

According to an Insurance Broker Friend asking for details of points that are not on the license any more is against the Rehabilitation of offenders act (or something) but they all do it.

I can't understand how Speeding on a motorbike results in your car insurance premium going up as they count the points the same BUT no claims discount on a bike isn't counted for a car (seems like having your cake and eating it!!).


If you are fined for an offense, you can only ignore it (under the Rehab act) after 5 years, so the period the insurance companies are asking about is valid.

In any case, the insurance companies are offering you the terms under which they will insure you, and you then enter into an agreement with them. If you don't like the terms, don't insure with them... so what if they're all the same? If these terms were particularly unfair, another insurance company could undercut, or at least steal the business at the same rate by not imposing the conditions. But they don't, because actuarially thats the way the risk works out.
Sorry to p*** on the bonfire...

T5Cosmo

32 posts

266 months

Monday 9th September 2002
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The reason the points are on your license for 4 years , although they are only active for 3 is to give the boys in blue their 6 months to prosecute from an offence committed whilst points are still on your license. This means points could be cleared after 3 1/2 years but they round this up to 4 years.

bobthebench

398 posts

270 months

Tuesday 10th September 2002
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Worth noting, a totting up ban cleans the licence, an outright one doesn't. So a 28 day ban might be less painful at the time, but when totting up comes along, all points remain valid, and as you've now been banned before, that can and will be taken into account in the totting up ban.

Marcos Maniac

3,148 posts

268 months

Wednesday 11th September 2002
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quote:

Worth noting, a totting up ban cleans the licence, an outright one doesn't. So a 28 day ban might be less painful at the time, but when totting up comes along, all points remain valid, and as you've now been banned before, that can and will be taken into account in the totting up ban.



Had ten points on my licence, then got nabbed at 122mph on the M23 - ooops! knew I was up for a ban, two weeks before I went to court got nabbed again at 97mph on A23 - police Officer checked out vehicle ownership and then notified me that my car and my name was 'flagged' on the Police Computer, questioned what I had been in trouble for - Who me? turns out that I was apparently flagged as a disqualified/soon to be disqualified driver - so he reported me for summons. done me a bit of a favour though - I got an 8 week (56 day) ban and £600 fine for 122mph and was back driving for a couple of months before going to court for 97mph - solicitor played the system and kept getting case adjourned until I was due to go on holiday. Went to court and pleaded guilty, Solicitor explained financial hardship if I lost my licenece (totting up would have resulted in a ban for 6 months), got a discretionary disqualification of two weeks and £200 fine and buggered off on holiday for a fortnight two days later.

Licence came back - still had ten points and both disqualifications on it. Have lost 3 of the points now, but courts will probably throw the book at me next time.

>> Edited by Marcos Maniac on Wednesday 11th September 10:52

bobthebench

398 posts

270 months

Wednesday 11th September 2002
quotequote all
quote:

Licence came back - still had ten points and both disqualifications on it. Have lost 3 of the points now, but courts will probably throw the book at me next time.

Shows the benefit of a good solicitor, as opposed to any old one. Also confirms that DQ for the offence won't wipe the licence clean.

outlaw

1,893 posts

273 months

Thursday 12th September 2002
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quote:

quote:

Licence came back - still had ten points and both disqualifications on it. Have lost 3 of the points now, but courts will probably throw the book at me next time.

Shows the benefit of a good solicitor, as opposed to any old one. Also confirms that DQ for the offence won't wipe the licence clean.



thats why it alway pay to have more than one licence and id come to think of it.

works for me :-)