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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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I received A summons From DVLA to appear in court for

Customer Question

Hi
I received A summons From DVLA to appear in court for (did not meet the insurance requirements contrary to section 144A(1) of the road traffic act 1988
they say the sent me a fixed penalty notice which i never received .
the say the maximum penalty on conviction is £1000.
I was not driving that car during the period that it was uninsured and I was insured on a different car during that period
if I plead guilty will the fine be reduced and will i get any points .
thank you
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this driving without insurance or not having your car continuously insured?
Customer: replied 2 years ago.

Hi

Thank you for quick reply. it is for not having car continuously insured.

Expert:  Jo C. replied 2 years ago.
Ok.
Was it insured?
Customer: replied 2 years ago.

Hi

it was until november 2014, and on the letter it says

you are required to appear at Swansea court to answer to the charge that on 09/04/2015 you were the registered keeper of the Vehicle which did not meet the insurance requirement .

Expert:  Jo C. replied 2 years ago.
OK.
So was it insured on that date?
Did you SORN it if not?
Customer: replied 2 years ago.

Hi

no it wasn't insured on that date and I did not Sorn it.

I was not driving the car even when it was insured a friend of mine was driving it then he stopped driving it and i did not pay attention that he cancelled the insurance.

Expert:  Jo C. replied 2 years ago.
Okay.
You do not have a defence then and really has no option but to plead guilty.
You will get credit for a guilty plea.
For the offence of continuous insurance you will not get penalty points. It does not carry points. Driving without insurance does carry points but that is not the allegation here.
I'm afraid that the financial penalty will be higher as a result of the matter being at court although you could mitigate on the basis that you did not receive the fixed penalty as there are some courts that will levy a fine upon you that is comparable to the fixed penalty.
Can I clarify anything for you?
Jo
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much , you have been very helpful

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/