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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70509
Experience:  Over 5 years in practice
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Driving without insurance. We have to attend court next

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Driving without insurance. We have to attend court next Wednesday. My husband drove without insurance. He has offered a Not Guilty plea and this is the date of the hearing. His defence is Special Circumstances. I am, and have been, responsible for renewing his insurance for over 20 years. At the time of renewal, mine was also due. We had lost our pet dog, my father in law passed away, my father was seriously ill and in a care hospital. I renewed mine and believed I had renewed his. It was not until the police arrived that we realised I had not. We had death certificates for his father, (mine passed in November), the direct debit came out of my bank account (I can show this). How do we progress? We can't afford a Solicitor and don't want to lose due to lack of knowledge.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello, is this his first offence?
Customer: replied 1 year ago.
Hi Yes it is. His defence is "Special Circumstances". Insurance has always been organised by myself. We can show that the DD comes out of my bank account (not joint names) and that any reminders go to my email account. He does ask if the mot, insurance etc are up to date and I advise they are. He has a Witness statement from myself.My statement would show that both my husband and I's car insurance is due at the same time, along with house insurance. At the time they were due for renewal, our family pet was undergoing serious operations (we lost him), my father in law died, and my own father was taken seriously ill.
Expert:  Jo C. replied 1 year ago.
Has he always been hiterto insured?
Customer: replied 1 year ago.
Hi yes he has, I have also put a draft of my statement below, not sure if this helps.This is the statement of Janet Nicholls in case number xxxxx
I am 49 years of age (05/05/1966). I have been in a relationship with Mark Nicholls, since 1991. We have been married for 18 years. When I met Mark I was a single parent with full financial responsibilities. Throughout our relationship this has continued and I have always dealt with all household financials, including renewing insurances. This has included the insurance and renewal for any vehicles we have owned. Mark will sometimes ask if the cars that we have are insured. At this time we owned three vehicles, a Renault Megane (mine), a Toyota Rav 4 (Marks) and a Toyota Tigris, which my daughter drove. I was responsible for ensuring all three were insured.
I am an Operations Supervisor for Gap Inc Direct. My place of employment is in Rugby Warwickshire. I work four days a week, Sunday to Wednesday, from 6am to 4pm. Due to the hours of work and travel distance, I stay in a hotel from Sunday night to Tuesday night, returning home, after work on Wednesdays. At this time my husband was Careering for his widowed father and also taking care of our grandson, for whom we are Legal Guardians.
In February of 2015 our household pet become ill, requiring intense car. My father was also taken very ill, requiring hospitalisation, and I would take my elderly mum to visit him at least twice a week. In March, my father in law unexpectedly passed away. On a weekly basis I check and reconcile our finances against a PC package we have. However, throughout the months of February, March and April, I had not undertaken this, due to our personal circumstances. At this time our household insurance and car insurances became due. These are paid by Direct Debit from my sole current bank account. I received reminders by email. I renewed the house insurance, the insurance for the Megane and the Tigris. I believed that I had renewed the insurance for the Toyota Rav 4.
On XX/XX/XX Mark contacted me at the hotel in which I was staying. He advised he had had a visit from the Police, regarding insurance on the Toyota Rav 4. I advised that this was fine, we had insurance but I would need to log into the account when I got home (Wednesday) for the documents.
When I came home on the Wednesday I checked my email. I was unable to find the insurance for the Toyota Rav 4. I checked my bank statement. I noted that the direct debit was no longer being collected. I contacted the Insurance Company (Co-Operative Insurance) who advised that the policy had lapsed and had not been renewed.
Expert:  Jo C. replied 1 year ago.
Most of that is irrelevant.He does have a special reasons argument. Essentially he would be arguing that he did not know and that there was no way he could have known. If that is accepted then that is special reasons. That would still lead to a guilty plea though with a request not to endorse points.There is no point in a written statement. You need to go to court to give evidence. You need to take evidence that he has always previously been insured and that the emails went to your account not his and that the bank account was not joint. They should be properly produced but a court will get around that for lay people. Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Thanks Jo. So we both go to Court, take evidence that the account is in my name, the direct debit is in my name, the email account is in my name, to show that I deal with this. Will he therefore need to change his plea to guilty on Wednesday? Do we also need to send evidence to the prosecutor and finally do we need to be aware of any laws or precedences?So very many thanks for your help.
Expert:  Jo C. replied 1 year ago.
Are you sure he hasn't pleaded guilty? It would normally be directed by the clerk.
Customer: replied 1 year ago.
Yes. We also have the papers advising of his Guilty Plea
Expert:  Jo C. replied 1 year ago.
So he has pleaded guilty?
Customer: replied 1 year ago.
At the moment no. He has pleased not guilty.
Expert:  Jo C. replied 1 year ago.
Normally a special reasons application would be consequent upon a guilty plea - you are pleading guilty but seeking no punishment.The only thing is that if he makes these representations to CPS at court then they may drop the case.
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