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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I was stopped by the police in March this year for driving a

Customer Question

I was stopped by the police in March this year for driving a car without insurance. After checking with my insurance company, it transpired that I had made a mistake to insure another car that I went to inspect on the same day I bought my car - I had gone to see 2 cars (same make, model, age and colour). However, the policewoman felt that in spite of this, I should still be fined. However, her report omitted all these facts - she actually went further to claim that the 2 cars were not similar and that I had once owned the other car I did not buy.
When I received the magiatrates court papers, I ticked the column for 'I am guilty but want to come to court', and stated my reasons and attached insurance and other forms of documentary evidence.
However, I was shocked to receive a letter from court this afternoon giving the maximum penalty and not giving me any chance to appear in court. Please, what can I do? Thanks. Tom Falade
Submitted: 1 month ago.
Category: Law
Expert:  Jo C. replied 1 month ago.

Why did you not attend?

Customer: replied 1 month ago.
I did not receive a letter to attend
Customer: replied 1 month ago.
I'm currently not in work. Unfortunately, I can't afford to call and discuss
Expert:  Jo C. replied 1 month ago.

Do they have the correct address for you?

Customer: replied 1 month ago.
they do
Expert:  Jo C. replied 1 month ago.

Ok.

What was the sentence you were given?

Customer: replied 1 month ago.
6 points deduction from my licence and to pay £569 before October 19th
Expert:  Jo C. replied 1 month ago.

Ok. I'm not sure what you were hoping for ?

That is actually the minimum sentence?

Customer: replied 1 month ago.
I was hoping the court would see the human element of the case and the fact that there was no intention on my part to drive without insurance. I had no material gain to do so. The police report should also have been fair and accurate.
Expert:  Jo C. replied 1 month ago.

Well, they may do that but it really doesn't matter whether they do or not

This is an offence of strict liability. You are either insured or you are not. You were not.

They will probably give you the minimum sentence but that is 6 points and a fine.

Realistically this isn't a case where special reasons would apply.

Expert:  Jo C. replied 1 month ago.

I suppose the only thing is that you could get the costs order reduced by getting it reopened and pleading but actually overall the financial penalty doesn't look as though they added costs.

Expert:  Jo C. replied 1 month ago.

Can i clarify anything for you?

Jo

Customer: replied 1 month ago.
The initial fine was £300 actually. Thanks a lot for the clarification on the liability aspect.
Expert:  Jo C. replied 1 month ago.

That would tend to suggest they haven't added a huge amount of costs then.

Customer: replied 1 month ago.
Thank you very much for the advice - it all seems a lot clearer now.
Expert:  Jo C. replied 1 month ago.

No problem.

All the best

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