driving licence, tt99

[rachmc]

my hubby was banned from driving in october under the totting up procedure (tt99). he got a letter from the police just a week before for speeding. we couldnt send his le=icence because the court already had it. so he as banned for 6 months. we told the police about this and they sent a letter saying pay �120 in costs (we did) and that was that. when he got his licence back, there were points on there for the speeding. is this legal? they never told us this was to happen. they just said pay the fine. please reply!

[Loosehead]

If I read this right he was banned for totting up in October so the offence that sent him over was presumably several weeks/months before October. The offence of speeding 1 week before he was banned was not part of the trial for totting up but a separate offence so he should have 3 (at least) points on the iicence for the offence after the last totting offence but before the trial for the Totting up offence.
Can you confirm exactly what happenned.
1) what was the offence that took him up to or over 12 points and when was it committed.
2) am I right in the assumption that the speeding 1 week before October was after the offence that caused the toting up appearance in court?

[rachmc]

the points were all for speeding. the offence was after the offence that made him loose his licence but before he was banned. does that make sense?!

[New Judge]

I think loosehead has read the details correctly and if so, the three points your husband now has is correct as the offence which attracted them took place after your husband's totting ban was imposed.

What I do not understand is the �120 you paid. The normal fixed penalty for speeding is �60 (assuming you are in England).

[rachmc]

Yes we live in England.I do not know why. I wish I had kept all the paperwork but as I thought it was finished with, I threw them.

[New Judge]

Just read your second post.

Yes, the points are correct. It is the date of the offences which count for totting purposes, not the date of convictions. So, in chronological order of offences, your husband committed an offence which took him to twelve points. The points revert to zero with the totting ban and the next offence adds three points (these cannot be part of his total which reverts to zero as he had not committed that offence when he had accumulated 12 points).

Still don't understand the �120, though.

[Loosehead]

I think the �120 is �60 for the offence that caused the TT99 and �60 for the one after. You see the points and the action are as at the date of the offence so if he got the points that made up to 12 in september for example then even though he was not banned by the court till October the points /fine would be affective then so I imagine as the actual speeding was probably minor they imposed a fixed pen for both.

[rachmc]

No he was fined �310 for the TT99 so the �120 is different all together and for the one offence.

[rachmc]

He better have learned his lesson anyway. We have 3 kids under 5 and he works away from home to be able to support us all (so drives to work on the Monday and comes home 2 weeks later on the Friday). Never speeds with the kids in the car so why risk his own life to get home from work quicker!? So all these costs really affect us financially.

[New Judge]

So, presumably, he has found a different way to travel to and from his work.

[rachmc]

Yes he travelled with the other men he works with until he got his licence back last week.

[randyraven]

I think �120 is not worth worrying about in the scheme of things. It will be tiny compared with what his insurance will now be ! Can he get insured now ?
Be interested what it will cost him.
The bit where you tell the insurance company you have been banned from driving in the last 12 months and also have 3 points for speeding since the ban.

[rachmc]

His company he works for insures his car....but im not paying to insure him on mine out of principle!!!! Although, when I looked how much it would cost, surprisingly, it was only an extra �100 a year! But I know that some companies wouldn't touch him.

[randyraven]

Wow �100 per year ...thats very good.
I also has a Company car once for 15 years ...
In the end the tax man was taking too much. Now just take the car allowance instead.
He is lucky to have a company car and have someone else pick up the insurance bill.

Good luck anyway