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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had a summons to court with no insurance

Resolved Question:

I have had a summons to court for driving with no insurance and am at present in dispute with the insurance company over this as they cancelled my insurance without notifying me as the say they did not accept my no claims bonus proof, the court date is set for the 30th of this month and insurance company say they have eight weeks to reply to my complaint which takes it up to the 23rd I have contacted the financial ombudsman for their help but they cannot instruct me on court procedure and I don't know how to plead as I don't want to plead guilty as I feel it is the insurance companys fault but have to send the summons back to court soon please can you advise me
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 :

This is a case where you either had insurance or you did not

Alex Watts :

You seem to accept that they cancelled your insurance so you are technically guilty.

Alex Watts :

However you could argue a thing called special reasons

Alex Watts :

This is special reasons not to endorse your licence.

Alex Watts :

These are matters the Court should take into account and the test is:

Alex Watts :

  • Relate to the reason the offence took place, and not be about the personal situation of the individual;

Alex Watts :

  • Not amount to a legal defence, but should be a good reason why someone should not receive the mandatory sentence

Alex Watts :

If you can convince the Court that you did not know and it amounts to a special reason you could get away with any penalty

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

so on the summons that I have to return to the court should I plead guilty even though I was totally unaware that my insurance had been cancelled and could you clarify one point that I have been told, if you plead guilty you definitely have to have the points regardless of the reason

Alex Watts :

Yes that is correct. You have to plead guilty as you did NOT have insurance.

Alex Watts :

The insurance company cancelled it

Alex Watts :

But you need to ask for a hearing for Special Reasons to be put forward.

Alex Watts :

If the Court accept the special reasons then you may get 0 points

Customer:

I have all the evidence in the form of emails that show I would have been unaware insurance was cancelled, so can someone speak on my behalf or do I have to do it, I have heard that there are court solititors but don't know how to get anyone to represent me

Alex Watts :

You need to plead guilty by post and then ask for a hearing for special reasons.

Alex Watts :

You will then get an adjourned hearing date.

Alex Watts :

At that point you can instruct a Solicitor.

Alex Watts :

There are Solicitors at Court, you could instruct them directly but you would not get legal aid for this.

Alex Watts :

Or you can instruct a High Street firm to represent you.

Alex Watts :

I imagine the fee will be about £300 or so

Alex Watts :

Does that help?

Customer:

yes thank you very much for your help I will follow your advice, I had tried to instruct a solicitor but they said the initial consultion would be 250 and then anything from 1000 to 5000 to represent me in court and I could not afford that but if you think I could get representation for about 300 that would be something I would be happy to look into

Alex Watts :

Yes indeed.

Alex Watts :

Good luck with this.

Alex Watts :

If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need further help please click reply

Customer:

thank you

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