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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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I have a motor bike that I haven’t been using it for 2 years

Customer Question

I have a motor bike that I haven’t been using it for 2 years (Sep 2015). I had stopped paying for the insurance August of last year (2016). The bike was registered on my previous address and I did not change the registration address by mistake. I was not fully aware of the DVLA rules. I also did another mistake by not declaring to DVLA that my bike is off the road. Unfortunately, DVLA send me a fine to my previous address ( from where I moved out 3 years ago) for keeping a bike without insurance. As I was not present at that address they went to court and sent a court fine notice to my employer. I have already paid the fine without any delay.
Could you please let me know what should I be doing next in order to clear off the conviction against my name?
Submitted: 1 month ago.
Category: Traffic Law
Expert:  Jo C. replied 1 month ago.

What defence are you hoping to rely upon?

Customer: replied 1 month ago.
To be honest, I do not know anything about defence. I accept that it was my mistake that I did not change the registration address, and did not declare that my bike is off the road.I would need your advise that in clearing my criminal conviction. My friend suggested me to go for statutory declaration that I was not at the previous address when DVLA send me that letter.
Expert:  Jo C. replied 1 month ago.

On the face of it, you seem accept the offence?

I'm not sure on what basis you were hoping to clear the record?

Sorry if I am missing the point.

You can make a statutory declaration and they may or may not reopen as ultimately it was down to your failure to update that they did not have the correct address.

But even if that succeeds, you still do not have a defence to the charges.

So I'm not sure what could be achieved?

Jo

Customer: replied 1 month ago.
Many thanks for your reply.The case against me was "keeping a vehicle without insurance". As I was not driving I did not pay for insurance. I was ignorant that it is an offence.
This charge can effect my visa extension process so I want to know if there is any way I can clear the offence against my name?
Expert:  Jo C. replied 1 month ago.

Oh I see.

I am sorry but not unless you did keep the vehicle insured.

You may well have been ignorant of the law. I'm afraid many people are. That is not a defence unfortunately.