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!!

I take it the car was stored on a public highway then?

I take it the car was stored on a public highway then?

It doesn't matter where it is stored for that offence - s.144A, Road Traffic Act 1988.

It wasnt insured so the charge is valid. Thats why SORN exists.

It was round the back of our block of houses, near the garages. I suppose it is a public highway as public have access to it

ah yes the chicken and the egg sorry.

It wasnt insured so the charge is valid. Thats why SORN exists.

You're right, it wasn't SORN'd or insured. Yes I know - stupid of me.

What I really want to know is what the penalty is likely to be

depends on circumstances tbh. normally a fine, and/or points.

https://www.gov.uk/vehicle-insurance/uninsured-vehicles

What I really want to know is what the penalty is likely to be

A level 3 fine + any costs etc. - No points.

A level 3 fine + any costs etc. - No points.

I agree.

Level 3 (maximum £1,000) is what statute says it is, but statute also allows for points and or disqualification (but unlikely here).

However, the statute then gets interpreted, via the Magistrates Court sentencing guidelines (p.130 applies here)

https://www.sentencingcouncil.org.uk/wp-content/uploads/Final-MCSG-July-2016-1.pdf

There are advantages for the OP attending court (both in terms of the court looking more favourably on people who attend, plead guilty and express remorse, as well as the mitigation of this being more "failed to make a SORN" than "failed to have insurance and used the car", which the OP can bring to the court's attention more easily if they attend.

Noting that the car wasn't driven at all will reduce the culpability, and pleading guilty will reduce the fine (usually by a third).

Band C has a starting point of 150% of "relevant weekly income" (p. 148), so with a 1/3 reduction : 100% of "relevant weekly income" (with a maximum of £1,000, if the OP earns takes home more than £1,000 per week!).

If the OP is on benefits, expect £120. If the OP doesn't complete a means form, expect £440 (but in court they might then ask you why you haven't completed the means form if pleading guilty ....)

The court isn't bound to use these exact figures, but the guidelines are there to give some degree of consistency across courts and across benches within the same court.

Add to that any costs order made, and any victim surcharge.

 

Level 3 (maximum £1,000) is what statute says it is, but statute also allows for points and or disqualification (but unlikely here).

That would be the penalty for using a vehicle with no insurance - s.143, Road Traffic Act 1988,

The penalty for s.144A is different - sch.2, Part 1, Road Traffic Offenders Act 1988, as amended by s.22, Road Safety Act 2006.

Level 3 fine only, no points or disqualification.

Thank you. Will it affect my insurance - do I have to declare it as a criminal conviction? And will it show on my licence?

If found guilty. Yes. It's declarable

If your licence becomes endorsed as a result then yes you will have to declare any endorsements so as not to invalidate cover. Most insurers ask fir a copy of your licence nowadays and bet your bottom dollar any endorsements will be on an insurance database.

If your licence becomes endorsed as a result then yes you will have to declare any endorsements so as not to invalidate cover. Most insurers ask fir a copy of your licence nowadays and bet your bottom dollar any endorsements will be on an insurance database.

It is not an endorseable offence, it could depend what the insurance company ask.

In my experience when it comes to insurance, always best to disclose and let them decide if its relevant or not. Better than non disclosure and potential cancellation of policy.

It goes down well with most judges if you attend court and explain and bring your licence with you.

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.

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!

hey well done

I think that's a sensible outcome.

dx

Got a letter yesterday confirming that the case has been cancelled

Still do not understand why your case was cancelled - I am in a situation where my car is SORN'd but I am not insured.

Occasionally the car leaves the garage unit and placed outside my home so I can maintain and clean up that area.

Usually takes me a total of 2-3 days when really changing between the seasons.

Am I risking a fine if I have no insurance? How is that even checked...?

I visited the main site and found no answers, but did manage to get the main number which is the government contact.

Not prepared to sit on the phone so I figured I could get an answer here on the message board.

Whether or not you are risking a fine depends on a few factors...

If the car is SORN, then you do not need to have the vehicle insured.

Although the best advice would be to still maintain a policy of insurance 'fire & theft only'.

However. You go on to say that the vehicle is sometimes placed outside your home.

1. How does it get there?

2. Define "outside my home". Is this on the road, or on a driveway?