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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I have just received a 'no asn required' 144 apr requisition

Customer Question

I have just received a 'no asn required' 144 apr requisition for being the registered keeper of an uninsured motor vehicle
It says I had a fixed penalty notice served on 22/12 which I did not. I got a letter around 8th feb which refers to a previous one. I responded to that in writing after trying to speak to someone for advice first. I sent no payment just a letter stating why I had no insurance and why it was still taxed. I queried them as I assumed they would know as they have my driving licence as I have been unable to drive due to a medical issue.
As I had not heard anything I assumed everything was fine until today when I get a summons!
I do not want to go to court I do not want it on my record. Can I avoid this since I am really not sure what I have done wrong. I pay tax on a car that I can't drive that is on my drive and I am getting punished for it.
Jacqui
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Ideally I need to contact someone at dvla so that they know what the reasons are and to cancel everything but I can't speak to anyone. A plea of not guilty is ideal but one would argue that I am guilty of being a registered keeper of an uninsured car irrelevant of everything else. So need advice what to do etc please
Expert:  Jo C. replied 1 year ago.
Are you asking if you have a defence?
Customer: replied 1 year ago.
Yes but I not really sure why it has got this far when I wrote a letter telling them the reason for no insurance which they should of already know anyway. I kept paying my tax 1 because at the time I had everything in boxes and couldn't find my registration doc and 2 I awaited to see what their advice was in reply to my letter.
Expert:  Jo C. replied 1 year ago.
Why did you have no insurance?
Customer: replied 1 year ago.
I had to surrender my licence due to a medical condition. I cancelled my license after a few months of not driving when it looked like I was unlikely to get my license back quick. My tax was on dd I never thought about it until I got a letter saying I was being fined and this was my final notice! Even so I wouldn't of sorn it as it was on my drive and as soon as I get notice I can apply for my license back it will need to go to the garage for an mot so it needs taxed
Customer: replied 1 year ago.
I cancelled my insurance not license
Expert:  Jo C. replied 1 year ago.
Ok. I'm really sorry if I am missing the point then but surely you didn't have insurance?If you didn't have insurance and the war was still yours then you do not have a defence. it used to be possible to keep them off road but you have a duty to continually insure now even if off road. It might be that they would take a view about the public interest of this case on this basis but you don't have a positive defence I'm afraid.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
That makes no sense. I could get fined up to £1000 plus costs because I chose to cancel my insurance on my car that I am unable to drive but I continued to pay for road tax (stupidly, now). I am getting fined for paying taxes that by the looks of it I didn't need to pay but willingly did.
Expert:  Jo C. replied 1 year ago.
Yes, you have a duty to keep vehicles continually insured.
Customer: replied 1 year ago.
So what do I do. I don't want it to go to court. I did send them a response informing them of the situation and hence why it was still being taxed.( I didn't think that was a problem. ) I never heard back from them until now. They have not said about any correspondence and unfortunately I have no proof of sending a letter. I am on limited income because of my medical condition I can't afford a fine. I am still paying tax. I have found my registration docs now as things are unpacked since flooding - do I sorn it or leave it as it is? by making it sorn am I making it look like I am more guilty? If I was to sorn and ask for the money back since the insurance was cancelled I could possibly use that to cover any costs if they have it me back.
Expert:  Jo C. replied 1 year ago.
You don't have to attend court.You can plead guilty by post. Most people do.If you still have the vehicle then it should be sorned and off road unless it is insured.
Customer: replied 1 year ago.
This is really upsetting me. I can understand that having a vehicle uninsured is a guilty offence in most cases , since that person will most likely still be using the car. I however was not. I will have to have something in my record possibly pay a huge fine all because I kept paying road tax. There are people out there screwing the system trying to get benefits, trying to escape paying taxes. I however just kept paying a tax - one that I shouldn't if been paying because I thought it didn't matter, it was better to have it taxed just in case it had to go on roAd for some reason .
I have never done anything wrong in my life, I am mortified by this. What effect will it have being on my record? I know you can't say what they will fine me but will the fact that I had wrote a letter, have a medical condition which stopped me driving, which is why I cancelled my insurance, didn't see there was an issue with continuing to pay road tax- it would of only been an issue if I was driving the car or it was on the road. In fact you could say I was being a good charitable citizen, assisting in the upkeep of the roads even when I was not obliged to do so.
Customer: replied 1 year ago.
Help reduce considerably or even eradicate any fine
Customer: replied 1 year ago.
Oh and will it go in my local oaper
Expert:  Jo C. replied 1 year ago.
No, it is quite unlikely that the press would be interested. They could report on it but it just isn't an interesting story so they won't.It will only be a fine. It is a criminal record although it is non recordable so doesn't sit on your DBS or PNC.I'm happy to continue this but please rate my answer.
Customer: replied 1 year ago.
I will rate your advise.
Is the likely that I will get the full fine considering everything else?
If I get a criminal record with this will it stop me from entering the USA as I am going later in the year?
Expert:  Jo C. replied 1 year ago.
I have submitted an offer.