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 Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Today I found out I am being charged at court for not having

Resolved Question:

Today I found out I am being charged at court for not having insurance on my car. I was not driving the car they found my car on my driveway. They sent letters to my old address and so I missed the first hearing as I knew nothing of it and now they are saying that they are considering re-opening the case. I don't know what to do or what is going to come of this??
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Are you charged with driving without insurance or not keeping the vehicle continuously insured?

Customer: replied 6 months ago.
Not keeping the vehicle insured
Customer: replied 6 months ago.
The cars tax was registered at a previous address which is where all correspondence was sent but my driving license and current insurance is at my new address
Expert:  Jo C. replied 6 months ago.

Ok. Thanks

What would be your defence?

Customer: replied 6 months ago.
my car has a different address and all of the court hearing letters went to this old address, hence why I missed the hearing in April altogether and only first heard of it this morning. I have applied for statutory declaration. If re opened what is the worse that can happen if found guilty of leaving the car uninsured even though when applying for a new log book last summer it never arrived so I couldn't have sorn the vehicle, albeit I understand I shouldn't have given up and forgotten about it ?
Expert:  Jo C. replied 6 months ago.

Sorry if I'm missing the point but you don't seem to have a defence to the substantive offence?

Customer: replied 6 months ago.
Problem 1) being charged for not turning up to court when I dont live at the address where the summons was sent so I knew nothing about it
Expert:  Jo C. replied 6 months ago.

You can't be charged. You would have been convicted in absence.

This isn't a bail act offence.

Customer: replied 6 months ago.
i was convicted in absence. How can I get these court fees overturned as they spoke about bailiffs today. I could pay any fees but it is not my fault as I did not know about the hearing
Expert:  Jo C. replied 6 months ago.

Oh you mean costs.

The only way to do that is to make a stat dec and get this set aside.

If successful you could plead guilty reducing the costs order.

Obviously though the stat dec has to be accepted first. If it not your fault it went to the wrong address then you will succeed. If you didn't update the DVLA's records in time when you moved then the stat dec might be harder to achieve.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
I notified the dvla that I had moved by requesting a new driving license but that was a while after I moved house. I went to get a v62 to register my new address but it wouldn't go through so I put it to my old address and then kept going and checking the post but the new v5 never arrived.
Customer: replied 6 months ago.
even if I had have known that keeping my car car on my private property without insurance was a crime I didn't have the log book to declare sorn anyway
Expert:  Jo C. replied 6 months ago.

Well, they could refuse it on that basis. They don't always but they could.

You will only find out if you try.

Customer: replied 6 months ago.
What is the maximum fine for a guilty plea?
Expert:  Jo C. replied 6 months ago.

For keeping uninsured? £1000. But it won't come to that.

Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

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
 
 
 

Related Law Questions