I have seen courts - well recently in Oxfordshire, Berkshire and Kent make
orders in relation to the offences which have been dismissed but it is a
nightmare apportioning the work to the satisfaction of the NTT.

NB you cannot claim for or charge the client for completion of the NTT bill
or correspondence.

Best of luck and I hope the courts I have mentioned have not acted
unlawfully

Richard Atkins

-----Original Message-----
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf
Of Harvey Fox
Sent: 07 March 2019 16:28
To: Keima Payton
Cc: Harvey Fox; members@mail.lccsa.org.uk; listA@lists.clsa.co.uk
Subject: Penalty Points question - got the fail to stop and report dropped
so only sentenced for DWDC!

Not sure if NTT will pay out on the DCO as there was no jurisdiction to
grant it unless acquitted of all offences.

Harvey Fox
Police Station Advice Coordinator
FREEMANS SOLICITORS
07973 259382 (24 Hours)
Secure email: harvey.fox@freemans.cjsm.net

On 7 Mar 2019 16:12, Keima Payton <keima@paytonslaw.co.uk> wrote:
Fail to stop/report both dropped - sentenced just for driving without due
care. Was a taxi driver and there was damage - by DJ Connelly (Mary to the
oldies) was awesome and queried if he had a passenger (he did not) said she
was unsure whether had to have a passenger so it was a Cat 2 and he got 5
points!

Got a DCO so an especially happy, happy client!

Plus I learnt something about penalty points from you good people!

Thanks all

Keima Payton
Payton's Solicitors
Suite 12 Temple Chambers
3 - 7 Temple Avenue
London
EC4Y 0HP
Tel: 02074051999
Mobile 07973256529

From: Harvey Fox <Harvey.Fox@freemanssolicitors.net>
Sent: 07 March 2019 11:33
To: Keima Payton <keima@paytonslaw.co.uk>; members@mail.lccsa.org.uk;
listA@lists.clsa.co.uk
Subject: Penalty Points question

The presumption under s28(4) Road Traffic Offenders Act 1988 is to only
award points for the most serious offence but it can be departed from if the
Court sees fit under s28(5) and the Court gives reason for such departure in
open Court under s28(6).

Harvey Fox
Police Station Advice Coordinator
FREEMANS SOLICITORS
07973 259382 (24 Hours)
Secure email:
harvey.fox@freemans.cjsm.net<mailto:harvey.fox@freemans.cjsm.net>

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From: members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>
[mailto:members@mail.lccsa.org.uk] On Behalf Of Keima Payton
Sent: 07 March 2019 11:22
To: members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>;
listA@lists.clsa.co.uk<mailto:listA@lists.clsa.co.uk>
Subject: Penalty Points question

Have a client charged with three offences - careless driving (pleaded) fail
to stop and fail to report - these seem to be duplicitous to me?

Will he get points for one or all the offences?

It makes a difference as he could end up a totter.

(Late instructed in the case!)

Keima Payton
Payton's Solicitors
Suite 12 Temple Chambers
3 - 7 Temple Avenue
London
EC4Y 0HP
Tel: 02074051999
Mobile 07973256529

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