Nwicker60
21-Nov-13, 15:37
Just the job for Eddie's business as sympathetic court waives points
THE Wick Justice of the Peace Court bowed out on a sympathetic note today after they decided to take the unusual step of not banning a young fledgling businessman caught with a phone behind the wheel.
The Justices took the exceptional view that disqualifying Eddie Pinnington would inflict hardship on him and his family. The bench decided not to endorse his licence with three obligatory points which would have taken him up to the maximum 12 points under the totting-up procedure and triggered an automatic six months disqualification that would have signalled the end of his enterprise.
Pinnington, 26, trading as “Odd Job Eddie” admitted using a mobile phone, while driving his van in Francis Street, Wick on August 10.
The Justices, hearing their final case under JP court cuts throughout Scotland, had been set to deliberate on whether banning Pinnington of 14 Owen Place, Wick would inflict hardship on him and his family.
But David Barclay, prosecuting, said that having seen the paperwork involved, the circumstances just attained the standard laid down for exceptional hardship, taking into account the current economic climate and the consequences that losing his job would have.
The fiscal depute who commented that he had seen the accused fliers posted on a number of establishments round the county, said he was not opposing the submission of exceptional hardship which meant that the court could proceed on a statement given by the defence agent and would not have to hear evidence on the issue. The Justices, he added, would thereafter be left to consider whether they wished to reduce the number of points or not imposing any.
Solicitor Sylvia MacLennan said that Pinnington has decided to take matters into his own hands after losing his job, in the summer and went into business on his own account, doing odd jobs, house clearances, painting, grass cutting etc. The father-of-two had swapped the family car for a van and had got some tools together.
Miss MacLennan: “The accused, as a one-man-band, has been working a lot of overtime hours during the last few months in order to promote his business. He has avoided taking on a loan but hopes to be able to do so in expand the business in the next year or 18 months and engage staff to assist him.”
The solicitor said that the family income largely amounted to what the accused brought in. His wife works part-time but her earnings were just above the benefit limit and if she gave up her job, she would be rated as having become intentionally unemployed and would not be eligible for assistance for six months.
Miss Maclennan, who appealed for leniency, quoted Pinnington’s own words –“I want to keep my driving licence in order to make a nice living and provide for my family and be a successful local business person.”
Justices chairman John Clasper imposed a fine of £70 and said the court would refrain from imposing the three penalty points that would automatically have triggered a driving ban.
THE Wick Justice of the Peace Court bowed out on a sympathetic note today after they decided to take the unusual step of not banning a young fledgling businessman caught with a phone behind the wheel.
The Justices took the exceptional view that disqualifying Eddie Pinnington would inflict hardship on him and his family. The bench decided not to endorse his licence with three obligatory points which would have taken him up to the maximum 12 points under the totting-up procedure and triggered an automatic six months disqualification that would have signalled the end of his enterprise.
Pinnington, 26, trading as “Odd Job Eddie” admitted using a mobile phone, while driving his van in Francis Street, Wick on August 10.
The Justices, hearing their final case under JP court cuts throughout Scotland, had been set to deliberate on whether banning Pinnington of 14 Owen Place, Wick would inflict hardship on him and his family.
But David Barclay, prosecuting, said that having seen the paperwork involved, the circumstances just attained the standard laid down for exceptional hardship, taking into account the current economic climate and the consequences that losing his job would have.
The fiscal depute who commented that he had seen the accused fliers posted on a number of establishments round the county, said he was not opposing the submission of exceptional hardship which meant that the court could proceed on a statement given by the defence agent and would not have to hear evidence on the issue. The Justices, he added, would thereafter be left to consider whether they wished to reduce the number of points or not imposing any.
Solicitor Sylvia MacLennan said that Pinnington has decided to take matters into his own hands after losing his job, in the summer and went into business on his own account, doing odd jobs, house clearances, painting, grass cutting etc. The father-of-two had swapped the family car for a van and had got some tools together.
Miss MacLennan: “The accused, as a one-man-band, has been working a lot of overtime hours during the last few months in order to promote his business. He has avoided taking on a loan but hopes to be able to do so in expand the business in the next year or 18 months and engage staff to assist him.”
The solicitor said that the family income largely amounted to what the accused brought in. His wife works part-time but her earnings were just above the benefit limit and if she gave up her job, she would be rated as having become intentionally unemployed and would not be eligible for assistance for six months.
Miss Maclennan, who appealed for leniency, quoted Pinnington’s own words –“I want to keep my driving licence in order to make a nice living and provide for my family and be a successful local business person.”
Justices chairman John Clasper imposed a fine of £70 and said the court would refrain from imposing the three penalty points that would automatically have triggered a driving ban.