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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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Hello again my son received 5 points and a £180 fine for

Customer Question

Hello again
my son received 5 points and a £180 fine for his last offence I asked you about, he has been pulled again whilst driving his mothers car, with her permission and with me saying he was ok to do so as I was aware that anyone with their own fully comprehensive insurance was ok to do this, this apparently is not so for young drivers and as this happened on 21/2/14 I have been to the police station as he will have had his licence for 2 years on the 7/3/14 to find out if it is from the court date or the offence date that he gets done as the court date is likely to be after his 2 years are up whereby the 6 points and the loss of his licence period would have passed. I have been told that it will be from the offence date and it carries a 6 point and £300 fine, so can you please tell me why he has not been told he can not drive, yet from what I have been told he no longer has a driving licence, what happens now if anything happens before the court date???? I am beating myself up over this as I was the one who is going to loose him his licence by the look of it when there is no way he has knowingly tried to drive without having insurance as he has a car insured fully comprehensive in his name and he is a named driver on one of my vans also. He is 1 point from loosing his licence, 3 weeks from his 2 years being up, I am gutted to say the least that an innocent mistake can end up being so harsh on someone. What can you see being the outcome of this dilemma I have put my son in??
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What was the previous conviction for please?
Customer: replied 4 years ago.

driving with undue care and attention

Customer: replied 4 years ago.

sorry to interrupt, but are we still connected? I'm not too good with computers

Expert:  Jo C. replied 4 years ago.

This did drop of my list actually!

When did he pass his test and when were the points added?

Also, what was the date of this offence please?
Customer: replied 4 years ago.

passed his test 7/3/12

5 points added court hearing was on 13/1/14

pulled for no insurance 21/2/14

Expert:  Jo C. replied 4 years ago.

Thank you.

That is bad news I'm afraid.

The relevant date is the date of the offence and unfortunately 21 February at this year was within the two-year period from the date that he passed his test although only just.

Unfortunately having no insurance is an offence of strict liability. Either he was insured or he was not and he was not here. He has no option but to plead guilty at court and I'm afraid that will lead to at least 6 points which will lead to revocation of his licence.

The best outcome actually for him would be an immediate ban for a short time at court because at least then he will not be revoked.

However, you cannot rely on that obviously.

He could argue at court that there are special reasons not to endorse his licence with points but that is a very high test. He would have to show that there was no way that he could have known about this and magistrates do generally demand that people have behaved impeccably.

Another option is to write to CPS asking them to review the public interest of this prosecution because of the mitigating factors that you mention. Maybe it will work and maybe not but it is worth a try.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.


Customer: replied 4 years ago.

I do not know if the information I am going inform you of would be of any relevance but here we go, I will try and make it as brief as possible. my son was following a friend "at that time" when another vehicle went into the back of his ex mates car, my son a short time afterwards receives a solicitors letter asking for information as a witness for injury claims his ex friend was making. This was a totally bogus and fraudulent claim as he sustained no injuries and my son wanted nothing to do with it and did not reply to the letter and fair play for him for not getting involved. "Surprise surprise" a short time afterwards an unmarked police car with CID in and a marked police car roll up when he is picking his girlfriend up from school one afternoon the 2 girls are put in the CID car and questioned whilst the van is searched for drugs, at the time this is all going on the ex friend drives past 3 times laughing and putting his thumb up to my son saying in no uncertain terms "this is all my doing" this was proven when one of the CID chaps said to my son and I quote " Whats your beef with" and said the ex friends name, then the police roll up and search one of my sons friends flats for drugs, this ex friend happens to be with them at this time also, this leads to a teacher telling my sons girlfriend he can no longer pick her up from school, all be it she is looking after the interest and safety of the pupils but I am of the belief "one is innocent until proven guilty". This guy then proceeds to follow and harass my son and one of his mates on a number of occasions when they are around the school and also at night when my son and also when one of his mates are dropping their girlfriends home.

I go to the police station as I use my van to deliver the national news papers to the shops each and every morning and I do not need the hassle of being pulled at 4 and 5 O'clock in the mornings, they turn round and tell me my van is not flagged I take that as not being watched and they can not tell me what's going on!, I have this letter with me from the solicitor and explain this is what its all about but it falls on deaf ears they do not want to know. The parents of the girls go up to the police station about him following and harassing them and they are told "its a free country he's not doing anything wrong", well from what I can gather the welfare have got involved, what's gone on I do not know but it has all gone quiet and he is off the scene for the moment.

This vendetta this guy has, all because my son wont play ball and he is missing out on a few grand is making my families life hell at the moment and I don't know where to turn for help as the police are not interested. I can not face my son as I told him he was ok to drive his Moms car, so I have lost him his licence, he must hate me at this moment in time, this is all wrong what's going on and I am at my wits end with it all.

Any advice you can give me however small it may seem would be more than welcome. I guess I should end this novel now, many thanks for your advice and the time you have given up for me.



Expert:  Jo C. replied 4 years ago.
What would you like to know about this?
Customer: replied 4 years ago.

what can I do to bring this to a conclusion the police don't seem to want to know, do I write to the solicitor and say its a fraudulent claim?. How can I put an end to the vendetta? Can I go to court somehow to show this guy for what he is and is doing?

Expert:  Jo C. replied 4 years ago.
I'm really sorry if Im missing the point but I'm not sure what the vendetta is?

What is he actually doing?

It will not have anything to do with the police actions.

Customer: replied 4 years ago.

I would be thinking along the lines of deformation of my sons character for one and bringing the family name into disrepute for another along with trying to make fraudulent insurance claims and harassment!

Expert:  Jo C. replied 4 years ago.
If he has tried to make a false insurance claim then that is not defamation.

I'm not sure I see the harassment either yet? What is he doing that amounts to harassment?