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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14503
Experience:  I have been practising for 30 years.
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I was driving a car which I hired from a private dealer and

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I was driving a car which I hired from a private dealer and the dealer told me it had insurance but it never had insurance and then the police stopped me and seized the car 2 days after I was driving it for having no insurance, how do I prove that I am innocent and I had no clue about this, I have evidence of the dealer giving me a certificate of the insurance and would like to know what u can do about it
Assistant: Since laws vary from place to place, where is this? And when did this happen?
Customer: It happened in November 2019 when I was in a car park in Bromley by bow
Assistant: Do you need to appear in court?
Customer: in tower hamlets yes
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Can you please tell the lawyer to contact me on***********

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

what do you mean certificate of insurance?

when you say private dealer do you mean someone who just sells cars? not a company?

did it have your name on it?

Customer: replied 9 days ago.
It was a certificate that showed that I was insured to the car, what type of insurance, how long I was insured for and all the details about the car

It is a person who gives out cars on hire and he got multiple Instagram pages of car hiring company’s
Yes I was told everything was under my name and that everything was legit
Customer: replied 9 days ago.
Hello
Customer: replied 9 days ago.
??

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with.

Sometimes we will get back to you in minutes, other times it will be longer.

 

 

I assume that you are being taken to court for driving without insurance. It is what is called an offence of strict liability which means that it doesn’t matter why you are driving without insurance, you commit an offence if you are.

 

What you do have however is litigation sufficient that you may get an absolute discharge if the court accepts what you were told is genuine and that the paperwork was genuinely given by the dealer.

 

I appreciate that this was in the car park which I imagine was a public car park but you will be surprised to hear that even if it was a private car park, such as a pub, but to which the public had access, it would still be an offence.

 

I’m not certain what else you want to know about this because you haven’t actually asked a question.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

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There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

 

Customer: replied 8 days ago.
Thank you very much that is exactly what I needed to know you have been more helpful than anyone other person I have asked so far

Do I need to hire a proper lawyer for this case ?

 

 

if you are going to hire a lawyer, always hire a proper one, not a pretend one LOL! :-) To be honest, the only thing that the law you can do in circumstances like this is speak for you be cost the circumstances are the circumstances, there is no defence and or you are putting forward as the mitigating circumstances and the evidence from the person that hides you the car.

 

If you feel that you are confident enough to speak to the magistrates than my opinion as to do it yourself rather than throw money at it because a solicitors going to cost you GBP600-GBP800 for the day in court and I don’t think you are going to get that amount of value out of it.

That choice is yours.

I am glad to help. Please don’t forget to use the rating service because it means that can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

F E Smith and other Law Specialists are ready to help you