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xxxxhelpxxxx
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!!
southpaw82
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.

xxxxhelpxxxx
I received a letter about the offence and replied pleading guilty with a note as above. Then received a summons to magistrates court
southpaw82
Aha, that'll be why then. IIRC the fine is about a week's pay.
xxxxhelpxxxx
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?
BaggieBoy
It's not a motoring conviction, i.e. there is no endorsement of your licence, so nothing to declare to the insurance company.
southpaw82
Depends what the insurance company ask for.
xxxxhelpxxxx
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
Logician
But surely it is a motoring conviction?
peterguk
QUOTE (Logician @ Fri, 30 Dec 2016 - 22:11) *
But surely it is a motoring conviction?


I would agree. A motoring conviction without endorsement.
nigelbb
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?
sgtdixie
Do insurance companies specify moving traffic offences or motoring offences?
NewJudge
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
Logician
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.

xxxxhelpxxxx
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!
Jlc
Fixed penalty after a summons - buy a lottery ticket. biggrin.gif
andy_foster
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?
Jlc
True, but best from the OP's situation too.
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