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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70295
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: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Why did you not attend?

Customer: replied 10 months ago.
I did not receive a letter to attend
Customer: replied 10 months ago.
I'm currently not in work. Unfortunately, I can't afford to call and discuss
Expert:  Jo C. replied 10 months ago.

Do they have the correct address for you?

Customer: replied 10 months ago.
they do
Expert:  Jo C. replied 10 months ago.

Ok.

What was the sentence you were given?

Customer: replied 10 months ago.
6 points deduction from my licence and to pay £569 before October 19th
Expert:  Jo C. replied 10 months ago.

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

That is actually the minimum sentence?

Customer: replied 10 months 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 10 months 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 10 months 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 10 months ago.

Can i clarify anything for you?

Jo

Customer: replied 10 months ago.
The initial fine was £300 actually. Thanks a lot for the clarification on the liability aspect.
Expert:  Jo C. replied 10 months ago.

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

Customer: replied 10 months ago.
Thank you very much for the advice - it all seems a lot clearer now.
Expert:  Jo C. replied 10 months ago.

No problem.

All the best

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