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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience:  Over 5 years in practice
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I have just been convicted of no insurance and asked to pay

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i have just been convicted of no insurance and asked to pay a fine of £425. The circumstances are as follows. I changed my car in december 2014 and notified the insurance company. In may i notified them of a change of registration number, but they say we didnt inform them until june. On the 8th may the car must have been spotted by ANPR. As a consequence of that i received a summons for no insurance and offering me a fixed penalty of £100 and no points. I responded to the summons by pleading not guilty. I contacted my insurers who said if there had have been an incident they would have indemnified me and furnished me with a letter of indemnity.
When I sent my plea back to the court i enclosed the letter of indemnity.
I have today received notification that i have been fined £425 as i ticked the wrong box. I pleaded guilty instead of not guilty.
What can I do to correct this
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.
Were you convicted in absence?
Customer: replied 1 year ago.
yes i thought i pleaded not guilty but i must have ticked the wrong box on my plea
Expert:  Jo C. replied 1 year ago.
Are you sure that you did?
Actually £425 would fit with a guilty plea.
Customer: replied 1 year ago.
i didnt think i did but i must have done
Expert:  Jo C. replied 1 year ago.
Ok.
If you are already tried and convicted then your only option is to attend court and ask them to set aside the conviction. In truth, there is no basis to do that here but they might agree as you are lay person who acted without advice and also Magistrates do have a reputuation for making up the law as they go along.
The advantage of that is that you can always attend and plead guilty at least reducing the costs amount.
It might be worth trying to ascertain whether you were tried though. £425 would be about right when you factor in the fine, costs of £85, the court charge of £180 the surcharge etc. The clerk will be able to tell you that.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
what do i need to do in order to set the wheels in motion to ask them to set aside the judgement and attend court
Expert:  Jo C. replied 1 year ago.
Normally they are done by attending court at about 9.30am and asking it to be heard by a Bench.
It is worth phoning the court admin in advance though as some courts have specified days for stat decs and other similar applications.
They may have none of it as it doesn't really have a basis but it is worth trying.
Customer: replied 1 year ago.
stat decs as assume is statutory decoration if so could i not write in
Expert:  Jo C. replied 1 year ago.
Yes, but you can't make a stat dec. There are no grounds. You received everything.
Customer: replied 1 year ago.
so what you are saying is because i made a mistake i have no grounds of redress
Expert:  Jo C. replied 1 year ago.
your only option is to attend court and ask them to set aside the conviction. In truth, there is no basis to do that here but they might agree as you are lay person who acted without advice and also Magistrates do have a reputuation for making up the law as they go along.
Customer: replied 1 year ago.
to be honest this happened to my wife. could i attend court on her behalf
Expert:  Jo C. replied 1 year ago.
She would need to attend but I suppose you could attend with her.
There is a risk that they would refuse the application though I'm afraid.
I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
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