How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

A friend of mine has recently been stopped by the police for

Customer Question

A friend of mine has recently been stopped by the police for driving without insurance and fined £200 and 6 penalty points. He was unaware that he did not have insurance as the bank had sent out a letter advising the standing order had not been paid which arrived on the day the police stopped him. The police officer witnessed him opening the letter from the bank. My friend had been employed for over 12 months at the same company, but the company were facing financial problems and had no paid employees for several weeks. The company repeatedly gave different dates when wages would be paid. My friend thought there were sufficient funds in his account and was unaware that payment had not been made into his account, therefore leaving insufficient funds to make the standing order. Does he have grounds to appeal against the penalty points given he has evidence that his employer failed to give the pay which was promised?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Remus2004 :

Hi.

Remus2004 :

Thanks for your question. My name is Jo and I will try to help with this.

Remus2004 :

I am very sorry but its bad news.

Remus2004 :

In a nutshell, he does not for two main reasons.

Remus2004 :

Driving without insurance is an offence of strict liability. Either he was insured or he was not. He was not. It doesn't matter whether he knew he was not insured. Or even whether it was somebody else's fault. Unless he was insured, he is guilty.

Remus2004 :

Also, if he has already paid the fixed penalty fine there is no appeal. If you dispute a fixed penalty fine allegation then the method of appeal is to refuse to pay and invite them to summons.

Remus2004 :

He did the right thing by not doing so though because he would have been convicted at court and had to pay costs.

Remus2004 :

What was open to him was to make an application to the court not to endorse his licence on the basis that there were special reasons not to do so.

Remus2004 :

He absolutely did the right thing by not running it though. He would have lost. Magistrates are generally prosecution minded and they would have said that it was his responsibility to check that his insurance was paid for. I do realise that unrealistic but that is regularly a decision that they make.

Remus2004 :

The only time I've ever seen this type of application lead to a successful outcome is where insurance companies have cancelled in error or something similar to that.

Remus2004 :

Unfortunately thats not his position here.

Remus2004 :

Can you respond?

JACUSTOMER-f1t23cy2- :

Does he have any grounds to ask for the points not to be added to his licence due to the circumstances as if his employer had paid him as promised he would not have been in this position?

Remus2004 :

Only on the basis of special reasons which he would lose.

Remus2004 :

And not at this stage because he has paid the fixed penalty anyway.

JACUSTOMER-f1t23cy2- :

OK, sounds like he has no grounds whatsoever, thanks for the advice

Remus2004 :

Unfortunately most of the road traffic act is very unfair

Remus2004 :

And Magistrates generally are not defence minded at the best of times.

Remus2004 :

Thats not to say he doesn't have a complaint with his employer.

Remus2004 :

But not a challenge to the no insurance at this stage I'm afraid.

JACUSTOMER-f1t23cy2- :

Thanks

Remus2004 :

No problem. Sorry it cannot be more positive. All the best

JACUSTOMER-f1t23cy2- :

Thanks

Remus2004 :

No worries. Please remember to rate my answer.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice