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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Dear sirs/madam I was caught with speed 43 miles in zone of

Customer Question

Dear sirs/madam
I was caught with speed 43 miles in zone of 30. back in 12th august 2013..there was a sign of 40 mile and sooner after there was another sign of 30miles which hard to there is no residence or school or any signs of that zone.I missed seen the 30 mile/hr sign few second later I was pulled over by the officer who. Was using the speeding gun check..after a chat with him he took some notes..and told me he might report this to the I had 9 point already in my license..and he let me go to where I had to be..haven't heard anything or received any communication until 6 months later in 4th February 2014
I received a summons from the court saying that I need to attend for my hearing on the 12th march 2014..I am self employed, sole trader fashion accessories my business model relay on every day driving to see my clients and finding new prospects across the uk. I carry stock and samples..on my car so I can deliver to my clients..6 days a average traveling mileage is 120 miles per day...having already 6 points ..from IN10 back 23rd December 2010..and 3points from CU 50 2012...if the court charged me with more point I could be banned for 6 months as result of toting up.
I need help with a good argument to present to the court on my hearing date 12th march2014..
Please advice what will I have to avoid the ban ..I can't do my business without driving...
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why can't you do your work without driving?
Customer: replied 2 years ago.

Because I am sales director I need to visit clients and show them new products ..and sell and I distribute goods to over 140 clients across the uk . I also go to wholesalers in buy my stock..

Expert:  Jo C. replied 2 years ago.
Yes, but why can't you go by train?

Remember the test is not inconvenience but exceptional hardship.
Customer: replied 2 years ago.
I travel to many different locations every day my average mileage every day is 120 or more 6 days a week
Across different areas in the uk ..
Also I carry stock with me in the car ...I can't do that by train and the train don't go to all the location that I go to..and definitely I can't afford to travel by train...
Expert:  Jo C. replied 2 years ago.
Not being able to afford to travel by train is not a consideration and neither is the mileage that you do.

What type of stock do you carry and why couldn't that be done by train?
Customer: replied 2 years ago.
Ladies Fashion accessories..handbags...scarves..clutch bags...Jewllery...I have more than 500 items that would not be possible to carry on a train..
This is a day to day business is not a one off trip with a suitcase...
I have customers in small town that has not go any train station...

Expert:  Jo C. replied 2 years ago.
Again, thats not the test. Of course, a ban will cause inconvenience but you have to show exceptional hardship.

Do you have other points? If so, what are the dates of conviction? It will be marked on your paper licence.
Customer: replied 2 years ago.
It looks like you haven't read my case I have precisely mentioned every thing about the points and the code of these points..and dates..
To be honest ..I don't think we are going faster to resolve this..
How can I ..keep repeating if you haven't really fully read my case..
Expert:  Jo C. replied 2 years ago.

I will opt out then.
Customer: replied 2 years ago.
Relist: Other.
It looks like she has not even fully read my she is asking me the questions that are already been mentioned on the case that I have posted...
Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today as my colleague has decided not to continue. From reading the previous correspondence it appears that the main issue was how you can distinguish between hardship and inconvenience because the court will expect you to try and make alternative arrangements, like for example taxis, or other modes of transport?
Customer: replied 2 years ago.
Let me explain my business model and the reason that using alternative transportation is not possible to do my business day to day.
My business is wholesale and distribute fashion accessories to boutiques and gift-shops across the uk...been working hard in the last 6 years to establish over 140 customers across the UK ...
also I have to use my car to go to trade shows..and other suppliers in Manchester I go and buy my stock and fill my car with it..
How can I use a taxi or relay on any other transportation to do my business ..?
Customer: replied 2 years ago.
I need a specialised traffic lawyer
Thanks ben ..but you seems to be an expert on employment ...
I think it will be better for me to have someone whom already dearth with similar cases in the past.
Customer: replied 2 years ago.
Relist: Other.
I believe ben is an expert in the employment field ..and my question need to be in the hand of the traffic law that I could get the wright advise..and it will be easier as the traffic law expert should already have come across similar the past..and that could give me a better chance of successful result.
Expert:  Ben Jones replied 2 years ago.
Hi, I mainly deal with employment now but have previously dealt with traffic. I have to say though that the original expert you dealt with is the best traffic expert we have in the site so maybe it was just a misunderstanding to start with - perhaps you could try to resolve this with her again?
Customer: replied 2 years ago.
thanks for the response.
Can you put me back to Jo I can continue my case with her..
Expert:  Ben Jones replied 2 years ago.
Will certainly do, she may be offline by now but will definitely pick your question up tomorrow
Customer: replied 2 years ago.
Expert:  Ben Jones replied 2 years ago.
No problem
Expert:  Jo C. replied 2 years ago.

I am still here!

You do have six live points on your licence from the point of view of the RTA. In fact, they will have dropped off at the time that this gets to court but the issue is the date of offence not date of conviction so even if the court miss it the DVLA will pick it up.

If this is 43 mph in a 30 mph zone then you are at risk of 4-6 points or a short ban so, in fact, you may not get enough points to be a totter.

If you are a totter then you will have to argue exceptional hardship.

The problem with that is simply this. At the moment, you are arguing inconvenience not exceptional hardship. That doesn't mean that you don't have an exceptional hardship argument but thats not what you are focusing on here at this stage.

The fact that it will be inconvenient or expensive for you to get about otherwise than by car is a non issue. There is only one single issue and that is whether or not you could do your job by other means than driving.

If you need to carry stock then that will be a good start. The burden of proof to show exceptional hardship is yours not the Crowns so you need to prove to the magistrates that you need all of that stock on every journey and that it could not be carried by train or delivered at another time.

Also, if some locations cannot be reached then that will be helpful. You need to gather evidence on that. You need bus and train timetables than prove these places are not accessible. There are not many places in the UK that cannot be reached by public transport although there are some.

Further, you need to satisfy the court that you could not survive 6 months without going to those places. Thats usually a simple enough matter of showing company accounts and proving which accounts are important to the company.

The trick with exceptional hardship arguments is twofold. Firstly its focusing on the right things. Secondly it is gathering enough paperwork so the court cannot deny exceptional hardship.

can I clarify anything for you?

Customer: replied 2 years ago.
Thanks for getting back to me with that.
What's RTA stand for ?
as all of this really new to me ..and never been in such situation..and I am willing to gather as much information , and evidence show all the location of the whatever it takes to make things right ..for me to keep my license.

Would you be able to write for me a short script to read while I am in the I will be attending by my self.

A part from business situation is there anything else that I can also use to help the case..thank you you have been really helpful and understanding.
Will definitely give a positive feedback for you.
Expert:  Jo C. replied 2 years ago.
Road traffic act.

I can't draft scripts for you under the rules of this site and anyway its done by going into the witness box and giving evidence rather than making speeches.

There can be other things that will help but the issue is why you need to keep driving so only you will know about that.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Jo
I think now I have an idea what I will say ,and proof to the magistrate court.
It's been a pleasure knowing you. On this site.
Best wishes.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

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