Should you accept a Warning in Scotland?, ...if you are innocent but don't want to risk court |
Should you accept a Warning in Scotland?, ...if you are innocent but don't want to risk court |
Sat, 27 Jan 2018 - 13:10
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#1
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Member Group: Members Posts: 1,157 Joined: 14 Mar 2014 Member No.: 69,438 |
From the MSE forums a Scottish poster had a problem where his firm had not renewed insurance and he was done for driving with no insurance. From the forum it would appear that he has a cast iron defence that he could reasonably expect the company's insurance to be valid.
The Procurator Fiscal has offered a warning. Are warnings trivial things that can be ignored or are these nasty things like England and Wales cautions that should be avoided because they have ramifications on your future criminal history etc. If they accepted a warning, would they need to inform their own insurers for example which might lead to insurance issues? I think it is now understood that you should never accept a caution just to save a bit of hassle, is the same true of Scottish warnings? |
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Sat, 27 Jan 2018 - 13:10
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Sun, 28 Jan 2018 - 18:11
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#2
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Member Group: Members Posts: 10,460 Joined: 8 Sep 2008 Member No.: 22,424 |
A warning is just that... its not a conviction, so no need to declare it to insurers.
I've been 'warned' a couple of times (at least twice driving related and twice non-driving I think) and I don't even think they record them. Nothing has shown up during enhanced disclosure or even when I've been stopped by police. Nothing was given to me in writing so I don't know if they would even count as official warnings- no opportunity to appeal if they were as I'd strenuously deny at least two of them. |
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Sun, 28 Jan 2018 - 18:15
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#3
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
A warning is just that... its not a conviction, so no need to declare it to insurers. Not even if they ask about them? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 28 Jan 2018 - 18:38
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#4
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
I don't even think they record them. A Procurator Fiscal's Warning is recorded for 2 years; it's not the same as a Police Warning. -------------------- Regards,
Fredd __________________________________________________________________________
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