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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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I was stopped by the police no insurance. days

Resolved Question:

Hi, I was stopped by the police for having no insurance.
days before I have a girls life but it shocked us all as she was a friend and a colleague.
I missed a hospital appointment also. it was a very emotional time and stressful. The police asked me to sit in their car and we there for some time. I asked if I can get my phone and I can sort it out there and then but they would not let me. ask a result my car was taken away. when I finally got the car pound I was told the police should of given me a release form but the did not. I phoned the police and they called me back to say a sergeant will call me back. he did explaining he will need to get two other police officers to get to another police station to get the form do the paper work then get to me. I was waiting for a very long time. I do not think the police did the job and caused me a lot of time and money. they said you can go to court or £300 + 6 points on my licence. if I went to court the cound fine me more. that was not for them to say. can you please help.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if they will fine you more at court?
Customer: replied 1 year ago.

Hi, no they gave me that option but I think a court may see have it was that forgot.

is it worth while fighting it in court?

mitigating circumstance are clear.

Expert:  Jo C. replied 1 year ago.
No, I'm afraid not.
Either you are insured or you are not. It is an offence of strict liability and you appear to accept that you are not.
I'm afraid that you should have taken the fixed penalty. If that is still available then you should be accepting it. At court you will get six points, a much higher fine, costs of £85 and probably the surcharge as well.
You do not have a defence. I'm really sorry but I'm afraid that I am not able to see any mitigation here either on the facts that you set down. You appear to accept being uninsured. The fact that offered to resolve it does not track from the fact that you were not insured.
The C A B have absolutely about criminal matters and not much about most civil matters. The actions of the police were spot-on here. In fact they could have just summonsed you and not offered the fixed penalty and they could have seized your vehicle. They did not.
I'm very sorry but I'm afraid you are being optimistic about your position.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi Joe, they did take the car. and they did offer the point and fine. the police Sargent says they messed up. police have a procure and I feel they did not follow it properly.

Expert:  Jo C. replied 1 year ago.
Yes, they took the car because you were uninsured.
They haven't seized it and sought destruction.
They very definitely did follow procedure and you should have taken the fixed penalty as the advice they can you was correct.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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