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Stoped in a certasy car

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  • Stoped in a certasy car

    6 months ago I was stoped in Macanice car I was driving whilest he was fixing my van it turned out I was not covered by his policy and the car had a bad tyre so I have a court Summonds for no insurance and a bad tyre wich could be 6 points I already have 3 points I’m a self employed painter and need to drive for work any one got any ideas
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  • #2
    Hi Lenjeff

    Welcome to LB

    I think the only thing you can do is write a carefully worded 'statement', giving mitigating circumstances, explaining that as you are self employed, that you are self - employed so rely on driving to get to work. Because you are self - employed other people rely on your income to support them. If you have children explain why the driving ban will effect them. Don't forget the 'background', i.e. van in for repair, given 'courtesy car', which you believed was insured and in a roadworthy condition to be driven.

    islandgirl des8

    Comment


    • #3
      Do you mean you risk 6 points in total for the two offences you are being prosecuted for? If so, as you only have 3 points now that would give you 9 points, which does not mean an automatic ban under totting up (unless you are a new driver who passed their test less than 2 years ago). Why do you think you might be banned?
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        Is there any possibility that you were covered under your own insurance?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          https://sentencingcouncil.org.uk/gui...-revised-2017/
          If your offence goes into the lowest category you are on 6 to 8 points plus 3 max 11, so should not be an automatic ban. If it goes into the other categories it is a possiblity which is why you have to bring evidence as stated above. Real paper based evidence of how you cannot work if you cannot drive, what that will mean for your mortgage/rent, the impact on your family. You should be aware that technically the mechanic could be prosecuted for permitting someone to drive without insurance which carries 6 to 8 points and a fine on conviction.. Check your own insurance too as above.

          Comment


          • #6
            The mechanic is also probably in breach of RTA1988 sec75 in supplying an unroadworthy vehicle.

            Comment


            • #7
              Originally posted by des8 View Post
              The mechanic is also probably in breach of RTA1988 sec75 in supplying an unroadworthy vehicle.
              Is a vehicle with no valid insurance cover "unroadworthy", or is it rather permitting to drive without insurnace?

              Comment


              • #8
                unroadworthy due to a "bad" tyre

                Comment


                • #9
                  I think it may be the bad (or perhaps bald) tyre which Des is referring to:

                  ...it turned out I was not covered by his policy and the car had a bad tyre so I have a court Summonds for no insurance and a bad tyre...
                  That said, nothing the OP has told us suggests the Insurance offence will be dealt with in any way other than six points. Although the tyre offence carries an endorsement, since it was committed "on the same occasion" as the insurance offence, no points will be imposed. (Road Traffic Offenders' Act, s28(4))

                  Comment

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