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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I have received a summons to go to court for a non-insured

Resolved Question:

I have received a summons to go to court for a non-insured vehicle as a result of non-payment of a fixed penalty notice however I have never received the notice. the vehicle in question was not driven since the insurance lapsed and has since been sorned. What should I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : so it's not been on a public road whilst uninsured?

No. The summons states that it wasn't insured on 22nd May (at which time it was still in a compound) & the vehicle was formally sorn at the beginning of June

Alex Watts : Was it insured on 22 May?

No, the vehicle was taken off the road in January as it was broken and a replacement vehicle was purchased at which time the insurance was transferred. The vehicle was, however still taxed (until 30.06.14) by which time it was SORN

Alex Watts : So why didn't you do a SORN earlier to say it was off-road 22 May?

Firstly I wasn't aware that it had to be given that it was 'off the road' but still taxed. When I became aware of the need to SORN I tried at my local post office to do it but was told by the counter assistant that I had to do it on line or by phone. I tied to do this but as I have mislaid the V5 I didn't have the information needed to do it on line. I then tried to phone but it was an automated service which required the same info that I didn't have. As soon as I received the tax reminder I was able to SORN and I did so on the same day that I received the reminder (early June). I heard nothing further until I received a summons to go to court (approximately 2 weeks ago) Court date is 16th October

Alex Watts : Ok. Technically you are guilty of the offence, because you should have declared it off road
Alex Watts : but if you turn up at court with a letter from the employer saying it was off-road and explaining the attempts you took, that shoUld be ok
Alex Watts : But you must have this letter saying it was in the compound, otherwise you are stuffed
Alex Watts : can I clarify anything for you about this today Please?

I assume therefore that I have to plead guilty but explain the steps taken & hope that the court acts sympathetically. Is that right?

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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