KNOW YOUR RIGHTS
If you plead guilty, you will be given fines, costs and a surcharge to pay. If you plead not guilty the case will be listed for trial a couple of months down the line. That gives you time to prepare your defence (under one of the defences outlined in s.144B).
But be warned, if you take the matter to trial and lose, you will lose credit in sentencing meaning the fines, costs and surcharge will all increase. And in addition, any fine imposed at court may be regarded as a conviction (whereas a fixed penalty is not), which could have other implications.
IN PRACTICE
If you feel that you have exceptional circumstances relating to why your vehicle was not insured, please do get in contact for a free legal advice call.
PENALTIES
In practice the DVLA will often send a letter warning you that unless the vehicle is insured or declared SORN, the registered keeper will receive a fine.
If you are issued a fixed penalty notice, it will offer you the opportunity to avoid a criminal conviction by paying a fine of up to £100 which you may pay via pre- paying and posting a letter containing the amount of the penalty in cash or other means, to the person at the address as stated in your fixed penalty notice letter. This is outlined in Section 144C of the Road Traffic Act 1998. This is not an endorsable offence, and as such you will not receive any points on your licence.
Should you fail to pay your fixed penalty you could be subject to face prosecution in a Magistrates’ Court, with a possible maximum fine of up to £1,000, as well as prosecution costs and a victim surcharge.
WHAT TO DO IF YOU ARE ACCUSED
Initially you should get a warning letter from the DVLA before action is taken, but by law the DVLA doesn’t have to give you a warning, so don’t be surprised if it goes straight to the fixed penalty stage.
If you are sent a fixed penalty, you have a choice to make – either accept it, pay the £100 fine and move on, or reject it and take your chances at court. If you take the matter to court, you will be sent a court summons asking you to plead guilty or not guilty.
PHTM APRIL 2023
Here at Patterson Law we see a couple of mistakes being repeated regularly. The most common is where people keep an un-SORN’d vehicle on private land – thinking that because it’s on private land it doesn’t need to be insured. In December alone we had three enquiries on this basis. Don’t forget, if you have a vehicle, either declare it SORN or insure it, regardless of where it’s parked. If you have declared it SORN, then you must keep it off road.
Another mistake we often see is upon purchasing a vehicle declared as SORN, people think that they don’t have to make any declaration themselves.
The earlier you can seek advice, the better. If you can seek advice at the fixed penalty stage we can review the case and advise whether to pay the fine or take it to court – potentially saving you hundreds of pounds.
If this has not cleared up any questions regarding any ‘keeping a vehicle without insurance’ matter, please do not hesitate to get in touch.
If you need advice on motoring matters then please email
e.patterson@
pattersonlaw.co.uk or call us on 01626 359800 for free legal advice. For regular updates on road traffic law follow us on
facebook.com/PattersonLawMotoringSolicitors or
twitter.com/Patterson_law_
81
We always urge professional drivers to seek legal advice before deciding whether to proceed with Ccourt and a trial.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90
