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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78450
Experience:  Over 5 years in practice
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L was charged with driving with a provisional licence and

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hello, l was charged with driving with a provisional licence and that the car had no valid insurance, whereas the car had a valid comprehensive insurance cover before the incident which was presented to the police and note; now 6points has been placed on my licence due to the insurance issue only
JA: Because laws vary from place to place, can you tell me where this is?
Customer: cannock town
JA: Do you need to appear in court?
Customer: well l have been issue a statement to plead either guilty or not guilty and the option of a hearing over the phone
JA: Anything else you want the Lawyer to know before I connect you?
Customer: at first why l was stopped was because my MOT had expired and it skipped my mind and at the point of been accused l accepted knowledge that too l was charged, all offences are three in number;

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

was this your car?

and when was this please

Customer: replied 9 days ago.
no it is not my car but my partners and this happened 25-2-2020

Thank you.

Iam sorry but I cannot give you good news. I'm afraid you are indifficulty here.

I have to tell you the truth.

I am sorry but it would be wrong of me to avoid givingyou the downside of your position.

The reason you have hadpoints added for no insurance is that the fact you were driving without a licencewould have invalidated your insurance.

You are not insured to driveunlicenced.

So, even though you havepaid for insurance, sadly it is not valid and so no insurance is made out.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.

The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, I haveanswered your query in a way that is simple and easy to understand. If anythingremains unclear, I will be more than happy to clarify it for you. In themeantime, thank you once again for using our services.

Jo

Customer: replied 9 days ago.
okay! l have conceded to plead guilty on the provisional licence and MOT charges and not guilty on the No valid insurance because this was tendered at the police station and the impoundment plant to claim the car with a 250pound charge under the supervision of somebody with an authentic driver licence and it was released. is that correct?

No, because you had no licence so you were driving without insurance because it was invalidated by the absence of a licence.

Customer: replied 9 days ago.
thank you for your honest response, l appreciate your sincerity
Customer: replied 9 days ago.
lastly if its no trouble. how do l fill the forms given to me, am nervous not to make mistake; l was given a statutory declaration form, single justice procedure notice, HM courts & Tribunals service (applicant Details), Traffic Offence incident details

Sorry but why are you trying to make a statutory declaration ?

Customer: replied 9 days ago.
the clerk at the court sent me a STATUTORY DECLARATION Form as the defendant, my name, DOB etc, then how l found out about the case & why this declaration is late, apparently the case was heard and settled in my absence, now l am appealing for a retryer because l moved house when the case was tendered and l only got the verdict through redirection of my mails

yes but why?

what are your grounds?

Customer: replied 9 days ago.
dont understand your question, what are your grounds? do you mean for swearing a statutory declaration?

Yes, I can't see any basis here?

Customer: replied 9 days ago.
okay, in conclusion! l should plead guilty on all counts and l get 6points & a fine of 600pounds my drivers licence, 200pounds each of the other two counts of offence???those are my options

That is right.

You were not insured.

Customer: replied 8 days ago.
mind you maam, l had a provisional insurance in place for training purpose, which now is void because of the incident with the law, correct???

Unless you were supervised by a full licence holder and displaying L plates and your insurance cover due to learn to drive then you are still not insured

Customer: replied 8 days ago.
accurately so, thanks, ***** ***** get any leniency as an ignorant car owner

6 points is the minimum amount I'm afraid.

Customer: replied 8 days ago.
thank you, ***** ***** been very helpful

No problem.

All the best.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

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