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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70637
Experience:  Over 5 years in practice
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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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

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

Customer: replied 1 year ago.
Not keeping the vehicle insured
Customer: replied 1 year 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 1 year ago.

Ok. Thanks

What would be your defence?

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year ago.

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

This isn't a bail act offence.

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
What is the maximum fine for a guilty plea?
Expert:  Jo C. replied 1 year ago.

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

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