How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My name is ***** ***** and i own a garage in Newcastle.

Resolved Question:

hi. my name is ***** ***** and i own a garage in Newcastle. I failed to provide the name of a driver who was not wearing a seat belt while driving a van that was still registered in my name. I stupidly kept giving the letters to the new owner every time they posted through my door but they never replied to the police about it. i then got a letter requesting i appear in court for not providing there name. i fully intended to go to it as i wanted to explain that i was an innocent party in the matter but on the day of the hearing I failed to attended due to work commitments. when i went to the second hearing i took a letter signed by the person who was driving the van at the time explaing it was him at fault and not me. when i presented this to them they said that that charge was of no interest now and it was me they were interested in. they said i will receive 6 points and a ban due to the totalling up system. i appealed on the grounds that i need my licence to operate my business. the appeal was granted and im in court again tomorrow. i cant afford a solicitor so i will have to represent my self again. id like to add that in 20 years of driving i have only ever had 1 speeding ticket for witch i received 3 points. this was 9 years ago and are now removed from my licence. the 6 points i currently have on my licence are due to me lending my wife's car to a customer while we were doing repairs to his car. he said he was insured to drive it but when he wrote it off the next day it turned out that he wasn't. we lost our car that cost us £5000. got fined £1000 with 6 penalty points for knowingly loaning a vehicle to an uninsured driver and then my trade insurance premium increased by £2200 due to me having an no insurance marker on my licence. £8200 for being a nice guy and loaning out my car. i understand that you guys are busy professionals but if anyone could find a few minutes of your time to give me a little advice it would be much appreciated. thank you..
kevin hunter. ***@******.***
tel 0191(###) ###-####
mob 07932 847938
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is this in the Crown Court? What is it you would like to know please?
Customer: replied 1 year ago.
Hi. Thanks for the reply. It's at the magistrates court.
Expert:  Ash replied 1 year ago.
Have you been convicted in your absence?
Customer: replied 1 year ago.
I would just like some advice on what I should take with me to help my case. If I loose my license I lose my business. I always though that common sense would be on my side but they were so ruthless with me at the last hearing they had me and my wife in tears. What would u advise me to say in court having read my situation in my post.
Expert:  Ash replied 1 year ago.
You said you are going to appeal. Is this a trial or have you already been convicted.
Alex
Customer: replied 1 year ago.
I think it's still a trial as they did not tell me I had to stop driving while I appeal. I'm sorry if I seem a bit thick as I explain things. It's just I've never been in a situation like this.
Expert:  Ash replied 1 year ago.
I understand. However you accept you never sent the form back and handed it to the owner?
Customer: replied 1 year ago.
I do except that yes. He was my business partner. We had a car and van hire business. We decided to go our separate ways so I took the cars and he took the vans. All the logs books were exchanged but I guess ibe slipped through the net
Expert:  Ash replied 1 year ago.
Its bad news then I am afraid. Your legal responsibility is to identify all those who could have been driving. The form will also clearly say on it that it should not be handed to the driver or owner. Therefore you should have completed the form as to who could have been driving the vehicle.
If you did that, even if they turned out not to be the driver, your legal duty would have been discharged. As such you are guilty of an offence of failing to identify the driver. Therefore sadly it makes no difference what you say tomorrow you accept you didnt send the form back. As such you will be convicted.
Sadly its a mandatory 6 points and if you are given that if this means you have 12 points you are liable to disqualification unless you can show exceptional hardship. That is hardship which is exceptional would be caused to you or those who rely on you. I would advise you get a Solicitor to advance this for you as it looks like you have no defence to the main claim.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks for your honesty Alex. I employ my dad. There's just the 2 of us and he is deaf so he can't test drive the cars. I have a certificate from his doctor to prove his disability. Would this be enough for the court to be lenient towards me
Expert:  Ash replied 1 year ago.
No. Its a mandatory 6 points - they have no discretion if they find you guilty.
I am sorry.
Alex
Customer: replied 1 year ago.
Thanks for your honesty Alex. It wasn't what I was hoping to hear but atleast I no what to expect. Listening to your explanation I think I was maybe wrong in thinking they were being ruthless with me at the previous hearing. I took it personally but I guess they were just going by the law. Doesn't mean that it's fair tho. I wouldn't say I deserve to lose my livelihood for it. Thanks for taking the time to try n help Alex.
Expert:  Ash replied 1 year ago.
I would take a Solicitor to argue particularly exceptional hardship for you.
Good luck and let me know how you get on.
Alex
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I certainly will Alex. You've been most helpful. would u have an idea of what fine to expect and the length of the ban I'll likely recive ?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice