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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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Hi, I came out of the RAF a couple of years ago. While I was

Resolved Question:

Hi, I came out of the RAF a couple of years ago. While I was in, I took my driving test and passed, but the administration system apparently neglected to inform the DVLA. I can obviously prove that I passed my test and will be chasing the RAF to sort it out as soon as possible. We got car insurance through Swinton after being with Direct Line for a number if years. Apparently Swintons cancelled our insurance due to not receiving the proof of my other half a no claim bonus from Direct Line. Nightmare situation. I was obviously unaware of this whilst driving home from work today and got pulled over by the police. He was really nice and have me a 'producer'. I now have 7 days to prove that I was insured and that the RAF should have sorted my license. I realise I have been naive in thinking I was completely road worthy, but I am now scared I will be sent to prison. What do you suggest? Please help!
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Are you asking what sentence you will face please?
Customer: replied 4 years ago.
Yes please. I have no idea what to expect?
Customer: replied 4 years ago.
For Jomo1972
Yes please. I have no idea what to expect!
Expert:  Jo C. replied 4 years ago.
Thanks.

Just to be clear, basically you did pass your test and the RAF didn't tell the DVLA ? So the DVLA have not licensed you?

I'm not sure that can be right but just to be clear?
Customer: replied 4 years ago.
For Jomo1972
Yes that's right. I passed my test in 2001 and naively thought it would just catch up with me eventually as I was posted not long after. Coupled with the insurance being cancelled, will I go to prison? I have never been in trouble before.
Expert:  Jo C. replied 4 years ago.
No, you won't go to prison.

The worst that will happen is that they will summons you for no licence and no insurance.

I'm not actually clear whether or not you are licensed. If you are then that will fall away.

Then they will be left with no insurance. Since you were insured but it was cancelled by the insurance company they might not prosecute anyway. They don't always.

If they do, you could argue special reasons exist not to endorse your licence. You will have to show there was no way you could have known about the cancellation though.

Even if you are prosecuted and convicted you are facing 6 points and a fine.

They might give you the fixed penalty of 6 points and a fine of £200.

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.
For Jomo1972
Thanks, XXXXX XXXXX get into the RAF first thing in the morning and get it sorted. However, knowing how slowly the wheels turn in the military, it concerns me that I may not be able to get an answer back in time for the 7 day producer.
Separately, I have just been looking through my other halves unopened letters. Swintons did write to him to advise him but he evidently presumed it was junk mail and didn't open it. I will deal with my other half!
But assuming I am not licensed, and with the cancelled insurance, what's the worse that can happen?
Expert:  Jo C. replied 4 years ago.
They will give you 6 points for the no insurance and 3 points for the no licence. Since the offences were committed together the points will be consecutive not concurrent. So they will both show on your licence but only 6 will be active.

The worst that would happen is that you might get a short disqualification but its not likely. In the circumstances you might get an absolute discharge and points.

This is worst case scenario obviously. They might forget to summons you. That does happen often enough.
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