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Reducing points

Currently, I am attending a seminar for drivers with penalty points, as I thought it was voluntary to participate with 11 points. So far, we have had 3 sessions and completed the driving. The last session will take place on 27.06.2009. However, I made a mistake in the date and there has been a change at a construction site, so I am unable to attend at that time due to work commitments. The group cannot reschedule the session collectively as their schedules are coordinated with the session. I work primarily as a construction supervisor for Deutsche Bahn nationwide. At the time of the session, I will be 450 km away from home at a critical construction site that I have prepared for, which requires my presence. It involves adhering to track closures at Deutsche Bahn, and the penalties for exceeding these closures are significant. Even the previous sessions required a considerable amount of effort from me. According to the organizers, it is impossible to find a solution to this problem and they believe the first 3 sessions and the driving are therefore null and void. I find it hard to believe that this is the final decision.

While I acknowledge that with 11 points, I am not blameless in traffic, I also recognize my responsibility. I want to attend the fourth session, but I find it hard to believe that I cannot be given any alternative options for a different time (costs are not an issue). Starting a new series of events would not change or improve my scheduling conflicts. My clients do not give me much flexibility in this regard.

What options do I have? I have already contacted Flensburg, who are not responsible for this issue, and the local driver's license authority, who are also unyielding. The organizer also claims their hands are tied. Is this truly the case?

Dr. Dr. Danjel-Philippe Newerla

Dear Mr. Seeker,

Thank you for your inquiry!

I would like to address your questions based on the situation you described as follows:

Unfortunately, I see no other option but to speak with the driving school/course provider again.

You do not have a legal right to reschedule the fourth appointment.

Therefore, you should speak with the driving school, as you have a contract with them and they are your contractual partner.

The driving school may have the flexibility to allow you to attend the fourth appointment in a later session. This is not prohibited by law, so the organizer is not legally bound to deny this request.

However, rescheduling only the fourth appointment would be a gesture of goodwill from the driving school/course participants, to which you do not have a legal entitlement, as mentioned before.

I would like to point out the following:

The legal advice I provided is based solely on the information you provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive examination of the facts.

By adding or omitting relevant information, the legal assessment can be completely different.

I hope my explanation has been helpful, even though I regret not being able to provide a more positive answer. You can contact me through the follow-up option on this platform or via my email address.

I am also available for further legal representation. If you decide to engage my services, I will credit the initial consultation fee from this forum in full.

I wish you a pleasant Tuesday afternoon!

Best regards,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132

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Dr. Dr. Danjel-Philippe Newerla

Dr. Dr. Danjel-Philippe Newerla

Bremerhaven

Amtsgerichtsbezirk: Bremerhaven

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