hi guys im in a spot of bother and i need some advice

[kellee]

hi guys im wondering if you could help me also, i brough a car with a friend for work and he got insured and used it for over 5 months untill my friend brought a van so he changed his insurance over from the car to the van and thought nothing of it, after a month he disappeared and iv heard nothing since whilst this happened i received a penalty for not insuring the car so i rang the number on the letter to argue the point that i cant insure it as i have no licence and that i didnt know it had to be insured to be on the road as it had tax and mot but as i went through the relevant options as to what i was ringing for it went to an automated service and basically said pay the fine so i left it for a while hoping my financial state would change relatively soon, where i could get a job. i then weighed in the car due it just sitting on my brother in laws drive causing more trouble than what it was worth, now i have a court date and letter, i dont have a job and i dont get benefits as i look after my mother in law and im not ready to move in with my partner as of yet, can you help me please kind regards kellee

[sean5302]

Re: hi guys im in a spot of bother and i need some advice

Hello again, kellee.
I asked you to start your own thread for this as it's much easier for us all to reply directly to you in your own part.

Let's take this a step at a time.
The car you bought, did you complete the V5 with yourself as registered keeper?
If so, you're responsible for tax, insurance and MoT for it.
Unfortunately, ignorance of the law is no excuse, so not knowing you needed insurance for a vehicle on the public road won't be accepted by the magistrates.
I'm afraid you are guilty of keeping an uninsured vehicle on the road, if what you wrote is true.
If you don't have a driving licence, the DVLA will give you a "ghost licence" and the likely 6 points will be applied to that. You're looking at a £600 fine.
As I wrote in the other thread, there is then the revocation law to deal with. If you accumulate 6 points in your first 2 years as a new driver, your licence is revoked and you have to take another test.
A real mess, sorry.

[kellee]

Re: hi guys im in a spot of bother and i need some advice

yes i did....... wow thats a real bummer im so upset over this i cant believe it, iv litterally just recieved a letter is there anyway that i could pay the £100 fine like by a cheque and send it via the post and hope that i wont have to go court??? and loose my licence before i even get a chance to pass my test

[sean5302]

Re: hi guys im in a spot of bother and i need some advice

No.
You're going to have to go to court, suitably suited and booted, if you know what I mean.
If you can convince the magistrates of your story, they might "let you off" with a £100 fine and no points.
In fairness, the DVLA are not helpful. They make it easy for folks to miss important points of law.
When you scrapped the car, did you send the part of the V5 back to the DVLA?
In theory, you could be fined up to £1000, but I've never known the Mags to do that.
You need to convince them that you haven't been driving around, uninsured. That's really why they're taking you to court.
Keep us informed and we'll help you.
When's your first hearing?

[kellee]

Re: hi guys im in a spot of bother and i need some advice

when i scrapped the car the guy at the scrapyard took most of the paperwork from me and left me with a green slip, iv had the car parked across the road in my brother in laws drive and iv never driven before which is sad really cause im 28 years old, my first hearing is at 9:45am on 14/05/2015. and thankyou i really appreciate what you are doing for me iv never broken the law in my life and its not exactly been a smooth ride for me and now im settled and i have a family iv got this to deal with, will it affect me getting a job?

[sean5302]

Re: hi guys im in a spot of bother and i need some advice

Look, I'm trying to help you and not to upset you.
If you're open and honest with the Mags, they should go leniently on you.
This is a criminal matter, heard in the magistrates' court. It shouldn't affect your job prospects as it won't be a conviction you'd need to declare to most types of employer.
Blimey. Your first hearing is in 2 days. You left it late to come here.
Do you understand that you need to demonstrate to the Mags that you're a responsible person and this was just an oversight for something you really didn't know about?
In the big scheme of things, it's not a big matter. If you read some people's problems here, you're at the light end.
Just try and dress smartly. Turn up on time. (They usually tell everyone to appear at 9:45am, even though you might be there all day.)
Take as much paperwork with you as you can. The green V5 slip. The receipt for scrapping. Anything that supports your story.
Take your family if they will speak up for you in court, or even just to support you. It can be unnerving and upsetting.
I feel for you.

[des8]

Re: hi guys im in a spot of bother and i need some advice

"Blimey. Your first hearing is in 2 days. You left it late to come here."

2 days and 1 month: court date 14 May!

[sean5302]

Re: hi guys im in a spot of bother and i need some advice

Thanks des.
Yes, it's April. What was I thinking, mate?

[des8]

Re: hi guys im in a spot of bother and i need some advice

I always put it down to late nights, early mornings and the whiskey

[sean5302]

Re: hi guys im in a spot of bother and i need some advice

At least it's not what the doctor said. I can't remember. Alzheimer's or something.
Glad one of us knows what month it is.
Thanks again.

[kellee]

Re: hi guys im in a spot of bother and i need some advice

thankyou i really appreciate this, ill try save some money up and get some smart gear and ill appeal to the family and see if i can get them to come with me i hope it all goes well, im not a scruffy person or someone that sighns on for the sake of things i struggle through life and make ends meet because i try so hard to do things on my own with the help of anyone, but i guess at time like these a little help goes a long way im not good at controlling my nerves at the best of times especially now knowing what kind of pressure ill be under having to face a judge and his/her piers.

[sean5302]

Re: hi guys im in a spot of bother and i need some advice

Don't worry.
It won't be a Judge. It'll be a stone-faced man or woman, usually with friendly looking folk either side. 3 people on the bench, just dressed in civvy clothes. No cap or gown or robes.
It's all over in a few minutes.
The prosecutor will present the case against you. You then plead (guilty) and put your case in mitigation.
You'd explain exactly what has happened, in the way you have to us here.
You offer any proof you have (the V5 green slip, the receipt from the scrapper and anything else you have.
An ideal person to then speak is the chap who drove the car you bought.

You see where this is going?
The more you substantiate your story, the more likely you are to be believed.
The more likely you're believed, the lesser penalty you attract.

You have come through this thread as a thoroughly responsible, believable and decent person. All you need to do is tell the Mags that and you should be laughing.
Good luck.