12 points on licence

[debbsies]

My husband had 9 points on his licence and about 2 months ago got 3 more points which obviously made 12 points. The letter that came from the police asked for him to send his licence along with a check for the fine. We did this and took legal advice as to what would happen next, we were told that once it was seen that the next lot of points would take him to 12 that they would send the licence back and issue a court date for his ban. We were obviously expecting the worse until about 4 weeks ago my husband got his licence back with 12 points and nothing further has been said. Needless to say we are very confused and are wondering if at some point someone is going to realise and summons him to court for the ban. Can anyone explain what has happened!?!?!?!

[homer75]

Better just say nothing and play dumb - unless of course your husband is keen for the ban to be imposed.

[Law Man1856]

It is possible to have 12 points, however usually the person concerned would need to give mitigation to the court to allow them to drive. ie sales rep needs car, to work ,mobile plumber needs van etc.

I find it strange that they just sent the license back ,but he can continue to drive, but they could revoke it at any time. ie stop check etc.

Maybe wait until the first three points come off and then come clean.

[pauln90]

When were the first points put on the licence. You gain a ban if you accumulate 12 points within three years.

Could it be that the first of the 12 points was added more than 3 years ago.

[debbsies]

The first lot of points are due to come of at the end of Feb we wondered if that was one of the reasons why they didnt bother with the ban as by the time they got the court day through 3 of the points would be coming off. I really dont know what the thinking behind it is!! Only reason I am really concerned is that my husband has just applied for a job where he will be given a van and he's got the job and has to take his licence to the office tomorrow just concerned that the company insurance wont take him on. We havent got intouch with our insurance due to the fact that 3 of the points come off so soon arghhhh

[seatrout]

The totting up provisions apply if a driver accumulates 12 points within a three year period. The time runs from date of offence to date of offence.

I doubt if a decision not to apply for disqualification would be made because 3 of the points were about to come off. Either you have miscalculated the points or the Police have messed up. It is possible to have 12 points or more and not be disqualified so it shoud not prevent him taking up his new job.

I would tell your insurers though

[JudgeJ]

It is difficult to understand how the final three points were added without a court appearance. I presume these were imposed as a result of a fixed penalty. Usually the Fixed Penalty Office checks a driver�s record before imposing the points and if a �totting� ban is due a summons is issued instead.

If he is due a ban under the totting rules your husband can almost certainly expect to hear further in this matter and it may take a while for him to be summonsed. However, a number of points need to be borne in mind as some of the earlier answers may confuse the issue.

- Only a court can impose a driving disqualification, and they do their utmost to do so only when the defendant is present. It is therefore most unlikely that your husband will find himself banned without knowing about it.

- Whilst the DVLA may revoke a licence (and they are not likely to do so in these circumstances) that is entirely different. If you drive after having a licence revoked you can be prosecuted only for driving without a licence (which carries a fine and points or a disqualification). If you drive whilst disqualified you can be sent to prison for up to six months.

- For �totting� purposes it is the dates of the offences which count towards the three year period. It is therefore possible that points could come off earlier than you think as the points can be imposed some time after the offence. �Coming clean� when 3 points have come off will not alter the fact that at some time 12 active points were in force.

- If your husband is summonsed to appear to be disqualified the �mitigation� suggested by Law Man is actually a plea of �exceptional hardship�. This does not usually succeed simply because loss of employment or business would follow as a result of a ban as this is not considered exceptional.

Finally your husband MUST tell his insurers of all convictions and fixed penalties imposed. Failure to do

[JudgeJ]

...so will invaidate his insurance. This can be done retrospectively and he can be charged with driving with no insurance (minimum 6 points).

[debbsies]

Thanks for all your advice very useful!! He got the job anyway so panic over and will notify the insurance straight away as getting another 6 points would be disastrous Thanks again