Question about wrongful driving disqualification

[Nealio]

I'm looking for some advice here. The situation is this:

I was disqualified from driving for 6 months in January this year after I totted up to 12 points.

Then in February I got a letter from the speed camera partnership saying that one of the offences on my license was invalid due to the camera being uncalibrated or some such. Everyone who was done by that camera over a given period is to have the points removed and the fine refunded.

OK good, but I'm now disqualified.

I've made numerous phone calls and letters to the DVLA, who told me that if I sent them the details/paperwork they would overturn the ban. I sent my stuff off and they came back and said they couldnt do it after all, I'd have to take it up with the court that disqualified me.

I eventually managed to get in contact with the court who said I needed to go through the speed camera partnership.

I got in touch with the SCP who passed me on to the fixed penalty manager.

I wrote to the fixed penalty manager who sent my details to the court.

I then received a letter last week from the court saying that the magistrates will look at my details on the 8th may and 'consider re-opening the case'. To me that says that on the 8th all they are going to do is decide whether or not to bother looking into it at a later date.

Now, it's looking like by the time I get my license back the disqualification will have run its course anyway, but I still want to do this because I'll then not have a ban on my license.

That's all well and good, but I lost my job because I couldn't get there, and I ended up moving to the other side of the country to take a different job. Add to that the fact that I have been unable to pursue my personal pastimes/interests without the use of a car, the insurance that I've paid out for but am not using, the time I've wasted on the phone and writing letters, the sheer frustration of it all and so on

Now, I hate claim culture as much as the next man but I definitely think I'm entitled to compensation from the speed camera partnership for all this.

The CAB said to write to the insurance section of the speed camera partnership telling them the situation and see what they come back with.

Does anyone here have any experience of what (and how much) I should be looking to claim for?

 

[Fr0dders]

i have no idea how much you can claim for

i honestly cant suggest anything other than what the CAB has said, nor will many i think as this sort of situation is very very rare. Its rare enough for them to take points back, but its even less likely they'll take points back from somebody that wouldnt have got banned if it wasnt for the points.

there will be no prescedent for this, so just got to see what they offer i guess.

 

[[TR]SweetSpotOz]

.

 

[dsb]

If the ban is overturned then I guess you can claim lost earnings.

as above, and you should be get every penny and more, its disgusting that this can happen, if it is overturned i would seek as much compensation as possible.

 

[DB_SamX]

I have no idea what you did to get 12 points but as a matter of principle whereby the authorities messed up, you deserve to have it cancelled and claim. I imagine a ban will also have an impact on insurance premiums and all sorts even after it runs its course, not to mention loss of earnings, changes to lifestyles, etc. Get some legal advice. I think the motoring forum of The Consumer Action Group website should have some knowledgeable people who work in the law industry.

 

[Dogbreath]

Now, I hate claim culture as much as the next man but I definitely think I'm entitled to compensation from the speed camera partnership for all this.

The press love this sort of thing. As much as I hate the tabloids, I hate the Scamera Pratnerships more, and the more negative publicity they get the better.

I would get yourself to a solicitor ASAP.

 

[doofer]

You need to get some PROPER Legal Advice straight away.

 

[Begbie]

as above get proper legal advice and i would also threaten with going to the papers if nothing happens go to the papers. But certianly go see a solicitor.

 

[BigglesPiP]

Wrongful?

I suspect it's a lucky escape from a valid conviction because the camera was miss-calibrated.

Still, in your situation I'd be looking for compensation and my licence back too, my advice is to get some no win no fee legal representation where the Speed Camera Partnership would be liable for your legal fees if you win.

 

[Scania]

I would advise you seek professional legal advice.

Alternatively, put it down to experience, think yourself very lucky & chill out a bit behind the wheel eh?

 

[Rilot]

Get legal advice now. This isn't the sort of thing you're going to sort by posting on OcUK.

 

[Johnnytoxic]

You need a 6month get out of ban card. So on your next ban you just wave your imunity card

 

[Durzel]

Don't really want to kick someone when they're down but I find it absolutely stunning that people continue to drive outside the Law when they're on 9 points when they need their licence for work & other activities. Why do people do it when there's so much at stake?

 

[Dolph]

Don't really want to kick someone when they're down but I find it absolutely stunning that people continue to drive outside the Law when they're on 9 points when they need their licence for work & other activities. Why do people do it when there's so much at stake?

Perhaps they are watching the road instead of their speedo? You know, actually trying to be safe rather than blindly following a number on a sign?

 

[stoofa]

Wrongful?

I suspect it's a lucky escape from a valid conviction because the camera was miss-calibrated.

Still, in your situation I'd be looking for compensation and my licence back too, my advice is to get some no win no fee legal representation where the Speed Camera Partnership would be liable for your legal fees if you win.

I was actually going to say something similar - but thought I'd wait for somebody else to say it first.

Lets be honest here - you were speeding.
Even a camera that hasn't been calibrated isn't going to be so far out.
Cameras don't flash at 61 in a 60 or 41 in a 40.
The chances that this camera was so out are unlikely.
Also the fact that you'd already got 9 points shows you have a disregard for speed limits anyway.

However - that being said, people do get away with speeding every day and the fact this camera didn't have a current calibration certificate (almost certainly the reason for the over-turn of ticket) means that you should have got away with speeding that day.

You definitely need legal representation - you can no longer do this alone.
There are too many different departments and people involved and you alone will be ignored.
I also possibly wouldn't use one of these scummy "no win, no fee" companies.
I'd be tempted to find a good local solicitor, see them for a free consultation and see what advice they give.

 

[stoofa]

Perhaps they are watching the road instead of their speedo? You know, actually trying to be safe rather than blindly following a number on a sign?

You mean that you need a speedo to tell how fast you are travelling?
I can, without fail, tell you how fast I am travelling at any given time +/- 3/4mph.
That's why I'm never braking for any speed cameras as usually I won't be speeding anyway and if I am a little over then engine braking alone will have slowed me down.

 

[Cosimo]

There is only one piece of advice in your situation and that is to go and get professional legal advice a.s.a.p, You most certainly need to have a solicitor.

 

[OpenToSuggestions]

I also hate claim culture, but imo you are entitled to many thousands.

You had to change your life because they ****ed up.
Deffo get a solicitor, I would take them to the cleaners on this case, they deserve it!!!

 

[Dolph]

You mean that you need a speedo to tell how fast you are travelling?
I can, without fail, tell you how fast I am travelling at any given time +/- 3/4mph.
That's why I'm never braking for any speed cameras as usually I won't be speeding anyway and if I am a little over then engine braking alone will have slowed me down.

I can always tell whether my current speed is safe for the prevailing conditions, the problem is that the speed limit is unreleated to that in far too many places these days.

 

[NathanE]

Don't really want to kick someone when they're down but I find it absolutely stunning that people continue to drive outside the Law when they're on 9 points when they need their licence for work & other activities. Why do people do it when there's so much at stake?

But the camera was uncalibrated? So how do you know he "continued to drive outside the law"?