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jomo1972
jomo1972, Barrister
Category: Scots Law
Satisfied Customers: 69907
Experience:  Bar Exams, 3 years in practice.
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My girlfriend was stopped by the police on 4th October 2015

Customer Question

My girlfriend was stopped by the police on 4th October 2015 for driving without valid insurance which is completely my mistake. I was in charge of getting and insurance for both on her birthday and eventhough i verbaly ask the insurance to add her to the policy apparenly I did not confirm it.
Since this incident happened we have receive one letter from the police asking us to settle down the case by just returning the license and pay a fine which we haven't because we believe that we would be able to explain our case in the court and rely on the ground that she was completely innocent and its her first ever offence and she is a good character and her job completely rely on her driving license.
We moved to a different address and we never heard anything for a good 6 month, now we have received a new letter from the court this time for endorsing her license with 6 penalty point which means she's losing her license.
I would like to appeal the decision, because we were not notify on the court date and also as we are both not born and raised UK citizen we did not know the correct procedure.
I am desperate for help and any advice would be appreciated. Thank you
Submitted: 11 months ago.
Category: Scots Law
Expert:  jomo1972 replied 11 months ago.
What would you like to know about this please?
Customer: replied 11 months ago.
I would like to get advise on what to do. Whether or not i should be appealing against the decision of the court to endorse her license when we depend and live upon our job and she's a carer who requires to be driving 24h/7. Or any option for us !
Expert:  jomo1972 replied 11 months ago.
Who would have been liable to pay for her insurance?
Customer: replied 11 months ago.
Me
Expert:  jomo1972 replied 11 months ago.
Does she share your account?
Customer: replied 11 months ago.
We own two cars . We both insure to drive her car and I was suppose to add her to my insurance which I think went wrong and came out as she was not insured !
Expert:  jomo1972 replied 11 months ago.
Yes, but does she share your bank account?
Customer: replied 11 months ago.
No she doesn't
Expert:  jomo1972 replied 11 months ago.
Was the money deducted from your account?
Customer: replied 11 months ago.
Yes it was
Expert:  jomo1972 replied 11 months ago.
The amount required to cover her to drive as well?
Customer: replied 11 months ago.
No, and I didn't know that she was not insure either. Now the court have made a decision of 6 penalty point which means she's losing her license. She has only been driving for a year now !
Expert:  jomo1972 replied 11 months ago.
Yes, well I wouldn't feel too bad about this. It is her responsibility to check she was insured not yours. She is the driver. She has the duty to check she is insured and the car is roadworthy. It really depends what she wants to achieve here. Whatever happens she will have to plead guilty to driving without insurance. It is an offence of strict liability and she was not insured. What she could do though is take this matter to court and argue special reasons exist not to add points. If there was no way she could have known that she was not insured as you told her she was then that is the basis of a special reasons application. The Bench could say that she should have checked but there is no way of predicting that. Can I clarify anything for you? Jo
Customer: replied 11 months ago.
Thank you for your reply but just to clarify that we missed the court date because we weren't aware of it. The court order went to our old address so the decision was already made. How long do we have to make an appeal, and are you able to help us doing that !
Expert:  jomo1972 replied 11 months ago.
You have an automatic right of appeal to the Crown Court within 21 days of sentence.You should be in time?