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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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In my job I drive children to school. In October an inspector

Resolved Question:

In my job I drive children to school. In October an inspector visit the school and noticed that the licence plate on my and several other drivers taxi's was out of date. We were called into the offices of the licencing coucil and interviewed under caution. I said I never knew it was my responsibility to check the lincence, I have never seen this written down or been told this. I did admit to driving the taxi with an out of date licence but said I didn't think I had committed a criminal offence because I didn't do this deiliberatly. They are now saying they are filing a case for prosecution and if it goes to court and they win I will have to pay their charges. This is all making me feel quite ill as I don't know what else I can do when I have already said that I was driving with an out of date licence but I didn't know that I was. What can I do. I am a pensioner and don't have the money for a solicitor?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to know about this?
Customer: replied 3 years ago.

Why do they want to prosecute me when I have admitted that I was driving with an out of date licence (having not been aware). If they did take me to court they would win surely, because I have already admitted to this so would I them be left with the bill. Should I write to them?

Expert:  Jo C. replied 3 years ago.
Thanks.

I imagine that the reason they are considering prosecution is that they are saying that there is a general public interest in the prosecution of offences. The particular aggravation here being that you drive children in the course of your occupation and therefore the most vulnerable.

In terms of whether or not to write to them, it rather depends what you intend to say. If you write to them describing your personal circumstances they will perceive that as you making excuses and the chances you will be prosecuted will be racked up tenfold.

If you write to them asking them to consider the merits of the prosecution because, although you were unlicensed, it was only because the licence was out of date then that would be different. If its only recently out of date then that would be helpful. Its not a good idea to mention that you didn't know you had to check your licence was in date. I would normally suggest that you include some details about how this happened but if thats the reason then its best to keep quiet on the point. Otherwise you can express remorse and emphasise your hitherto good conduct.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/