Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder xxxxhelpxxxx Novitiate



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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    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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  2. #2
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

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

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  3. #3
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    Quote Originally Posted by dx100uk View Post
    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.


  4. #4
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

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

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  5. #5
    Basic Account Holder xxxxhelpxxxx Novitiate



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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    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


  6. #6
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    ah yes the chicken and the Eggicon sorry.

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  7. #7
    Basic Account Holder xxxxhelpxxxx Novitiate



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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    Quote Originally Posted by renegadeimp View Post
    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


  8. #8
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

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

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

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  9. #9
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    Quote Originally Posted by xxxxhelpxxxx View Post
    What I really want to know is what the penalty is likely to be
    A level 3 fine + any costs etc. - No points.


  10. #10
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    Quote Originally Posted by Raykay View Post
    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...uly-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.


  11. #11
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    Quote Originally Posted by BazzaS View Post

    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.


  12. #12
    Basic Account Holder xxxxhelpxxxx Novitiate



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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

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


  13. #13
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    If found guilty. Yes. It's declarable


  14. #14
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    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.


  15. #15
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    Quote Originally Posted by martin2006 View Post
    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.


  16. #16
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    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.


  17. #17
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

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

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  18. #18
    Basic Account Holder xxxxhelpxxxx Novitiate



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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    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!


  19. #19
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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    hey well done
    I think that's a sensible outcome.


    dx

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  20. #20
    Basic Account Holder xxxxhelpxxxx Novitiate



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    Default Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**

    Got a letter yesterday confirming that the case has been cancelled



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