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Complete **** street, Complete **** street
Bad luck 2
post Sun, 11 Nov 2018 - 18:39
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Long story cut short I was caught with no insurance, tax or mot, there was tax and mot in the car when I bought it but no got no letters or anything from DVLA about these running out and the insurance was because my dad always sorted everything out for me, I know it's my responsibility but he was battling a very rare cancer and I should have known he was 2 ill to sort it out, he passed away in july, not using this as an excuse at all, he was my everything, have been summoned to court in 4 weeks time, cannot afford a solicitor so I need to go it alone. Any advise welcomed. Thank u
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post Sun, 11 Nov 2018 - 18:39
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BaggieBoy
post Sun, 11 Nov 2018 - 19:09
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Do you have the V5C document for the vehicle? I suspect you are not the registered keeper (RK) and anything from the DVLA would have gone to whoever is down as the RK. The DVLA would only send a reminder for the VED, MOT and insurance is not their remit.

You are looking at 6 points and a large fine and costs.
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Bad luck 2
post Sun, 11 Nov 2018 - 19:16
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Yes I have the v5 in my name and address but didn't receive anything from them, the car was insured and pick up from the police station within the hour, taxed and moted within the week, don't think this will matter tho, also can I ask, other posts I have seen people say they had the option of pleading guilty by post but I didn't get this option, I'm straight to court in person?
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mickR
post Sun, 11 Nov 2018 - 19:27
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Just for future reference tax is no longer transferred to a new owner.
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Bad luck 2
post Sun, 11 Nov 2018 - 19:31
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Can I just say thank u for ur replies both of you, I'm at a complete loss, no family, it's just me and my little girl, yeah the police man told me that when I had z it had tax on it when I bought it.
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cp8759
post Sun, 11 Nov 2018 - 19:55
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As you say your personal circumstances are no excuse or defence, but that doesn't mean the court cannot take such factors into account when passing sentence. I suggest you plead guilty and in mitigation say something like "I accept it is no defence or excuse, but I ask that in passing sentence the court take into account of..." followed by an honest account of the circumstances regarding your dad's cancer and his passing and what impact all of that had on you, plus the fact that you're a single dad etc...

It won't make a massive difference as the magistrates still have to punish you, but they are human and are likely to reduce the fine a little bit if you come across as sincere, contrite and remorseful.


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Bad luck 2
post Sun, 11 Nov 2018 - 20:11
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I really don't want to use that as an excuse or look like I'm using it as an excuse, I would never do that but it's the reason I didn't have these things, like I z before I know it's 100% my responsibility but he always looked after that side of things for me and never ever did it ever cross my mind he was going to be diagnosed and pass in a few months, I'm a girl, I really don't have a clue about any of this.. Thank u everyone for being so helpful and not judging me as I posted on another forum and got mauled!!!! I'll just go it alone and what will be will be I suppose, i didn't receive anything to plead guilty in writing, I received the court date, the police statement that was passed to the pps and a form to send back to say I have received the notice only.
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OUYSINEP
post Sun, 11 Nov 2018 - 20:14
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Is this your first offence OP, seems a bit harsh not to issues 6 points and £200 at the roadside?
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peterguk
post Sun, 11 Nov 2018 - 20:18
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QUOTE (OUYSINEP @ Sun, 11 Nov 2018 - 20:14) *
Is this your first offence OP, seems a bit harsh not to issues 6 points and £200 at the roadside?


Is previous history a decider on a roadside CoFP or summons?


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Bad luck 2
post Sun, 11 Nov 2018 - 20:21
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First time in court, I have 3 points for speeding back in 2016 but have held my licence for 10 years.

Yes got stopped on the 3rd of Oct, for the summons for court yesterday.
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BaggieBoy
post Sun, 11 Nov 2018 - 20:27
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QUOTE (OUYSINEP @ Sun, 11 Nov 2018 - 20:14) *
Is this your first offence OP, seems a bit harsh not to issues 6 points and £200 at the roadside?

Probably due to multiple offences needing to be pursued.
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OUYSINEP
post Sun, 11 Nov 2018 - 20:28
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QUOTE (peterguk @ Sun, 11 Nov 2018 - 20:18) *
QUOTE (OUYSINEP @ Sun, 11 Nov 2018 - 20:14) *
Is this your first offence OP, seems a bit harsh not to issues 6 points and £200 at the roadside?


Is previous history a decider on a roadside CoFP or summons?

Not at all its purely the officers decision as to whether he wants to issue CoFP at roadside or whether he/she lets the TOR take its course. I just think its a little harsh to issue a TOR and the OP has to attend court for what could be done and dusted at roadside.
I think the mitigating factors as the reason why he did Opt to a TOR was the no tax no mot and possibly the fact the OP has been issued points on their licence too (but that probably will never be admitted to). He could have exercised some discretion due tot he circumstances and issued the CoFP but that is my opinion other may not share the same view.

Op faces 6-8 points or a ban, min £300 fine. If punished max wise with point would leave them 1 point shy of a totting ban, where as CoFP 6 points would have left her 3 points. oh never mind im just thinking aloud now. Sorry peeps!

This post has been edited by OUYSINEP: Sun, 11 Nov 2018 - 20:34
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Bad luck 2
post Sun, 11 Nov 2018 - 20:29
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Can i just ask what is NIP? I just got a letter saying I need to go to court in Dec from the pps
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peterguk
post Sun, 11 Nov 2018 - 20:33
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QUOTE (Bad luck 2 @ Sun, 11 Nov 2018 - 20:29) *
Can i just ask what is NIP? I just got a letter saying I need to go to court in Dec from the pps


Notice of Intended Prosecution.

Sent by post, or verbal if a roadside stop. i


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The Rookie
post Sun, 11 Nov 2018 - 21:03
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For future reference
1/ you can’t buy a car with tax as it’s cancelled from the date of transfer
2/ DVLA never send MOT reminders, MOTs are nothing to do with them at all, you would get a reminder form the garage who last did the MOT for you, but as you didn’t get that MOT you wouldn’t get a reminder anyway.


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OUYSINEP
post Sun, 11 Nov 2018 - 21:17
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https://www.gov.uk/mot-reminder here you go OP get reminders sent to your phone so you can be reminded.
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