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Keeping a car with no insurance - summonsed to court
xxxxhelpxxxx
post Tue, 20 Dec 2016 - 18:11
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Hello,

I received a court summons for January from dvla. They sent me a letter back in November for having no insurance and I responded. Pleaded guilty but put a note on there saying that the car had been off the road since last November/December as the injectors and the steering rack had gone. It still had tax and mot

Under the single justice procedure they have decided that I am to be taken to magistrates court for trial "owing to the reasons given".

The charge is

On 24/06/16 at "town", you were the person in whose name a vehicle, namely Motor Vehicle "registration number", was registered under the Vehicle Excise and Registration Act 1994 when it did not meet the insurance requirements of section 144A of the Road Taffic Act 1988.
Contrary to section 144A of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

This car has not moved since November 2015. I drove my partners car for a few months and then got a new car myself. My old car into have a SORN (yes stupid I know).

Anyone know what sort of penalty I'm likely to get. I am supposed to be working on the day of the trial but it gives no option of not attending court. Certainly don't want a warrant out for me or anything like that!!
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post Tue, 20 Dec 2016 - 18:11
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southpaw82
post Tue, 20 Dec 2016 - 18:18
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Have you received a single justice procedure notice and/or a summons? There seems to be no reason for this not to be kept on the SJP route, unless you've objected to that, pled not guilty, or the court has decided to go to a hearing of its own accord.



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xxxxhelpxxxx
post Tue, 20 Dec 2016 - 18:21
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I received a letter about the offence and replied pleading guilty with a note as above. Then received a summons to magistrates court
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southpaw82
post Tue, 20 Dec 2016 - 18:25
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Aha, that'll be why then. IIRC the fine is about a week's pay.


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xxxxhelpxxxx
post Fri, 30 Dec 2016 - 20:24
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Do I have to declare it when I renew my insurance on my new car? Will it show on my driving licence as a criminal conviction?
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BaggieBoy
post Fri, 30 Dec 2016 - 20:33
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It's not a motoring conviction, i.e. there is no endorsement of your licence, so nothing to declare to the insurance company.
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southpaw82
post Fri, 30 Dec 2016 - 21:00
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Depends what the insurance company ask for.


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xxxxhelpxxxx
post Fri, 30 Dec 2016 - 21:21
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QUOTE (southpaw82 @ Fri, 30 Dec 2016 - 21:00) *
Depends what the insurance company ask for.


I generally use a comparison site. So they ask the usual - have you had any motoring convictions, any endorsements or accidents/claims in the last 5 years
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Logician
post Fri, 30 Dec 2016 - 22:11
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But surely it is a motoring conviction?


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peterguk
post Fri, 30 Dec 2016 - 22:20
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QUOTE (Logician @ Fri, 30 Dec 2016 - 22:11) *
But surely it is a motoring conviction?


I would agree. A motoring conviction without endorsement.

This post has been edited by peterguk: Fri, 30 Dec 2016 - 22:21


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nigelbb
post Sat, 31 Dec 2016 - 08:18
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It's arguable that it's a motoring conviction. It's certainly not a moving vehicle offence. Would you need to inform the insurance company if you were fined for not having road tax?


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British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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sgtdixie
post Sat, 31 Dec 2016 - 08:25
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Do insurance companies specify moving traffic offences or motoring offences?
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NewJudge
post Sat, 31 Dec 2016 - 11:24
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If they ask about motoring convictions (which they certainly will) then declare it. The insurers will decide if it makes any difference to the premium or not. Failing to declare it may be fine until you knock down a consultant brain surgeon on a zebra crossing. Then you may find the insurers suggest you should have told them. cool.gif
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Logician
post Sat, 31 Dec 2016 - 14:43
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QUOTE (nigelbb @ Sat, 31 Dec 2016 - 08:18) *
It's arguable that it's a motoring conviction. It's certainly not a moving vehicle offence. Would you need to inform the insurance company if you were fined for not having road tax?


Yes it is a motoring conviction, and yes so is a road tax conviction. A moving vehicle offence is not normally distinguished, "no insurance", an offence insurers are rather concerned about, applies equally whether the vehicle is being driven or is parked on a road.

As an example, Confused.com ask "Any motoring convictions, driving licence endorsements or fixed penalty points within the last 5 years?" and that is followed by a question about unspent non-motoring convictions.



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xxxxhelpxxxx
post Thu, 5 Jan 2017 - 19:39
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So, I called DVLA yesterday. I realised I hadn't sent back the statement of earnings and that may be why I have to go to court. Anyway, spoke to them and they said that, as it hadn't gone to court yet I could pay the £100 fixed penalty fine and the case would be cancelled!

This post has been edited by xxxxhelpxxxx: Thu, 5 Jan 2017 - 19:40
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Jlc
post Thu, 5 Jan 2017 - 19:56
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Fixed penalty after a summons - buy a lottery ticket. biggrin.gif


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Thu, 5 Jan 2017 - 20:58
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Fixed Penalty - DVLA get the money. Court fine - Chancellor gets they money. How surprised am I that the DVLA were prepared to re-instate the fixed penalty?


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"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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Jlc
post Thu, 5 Jan 2017 - 21:19
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True, but best from the OP's situation too.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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