6 months ago me and my partner was pulled up by police as we parked outside my house. long story short they found that my partner wasnt covered to drive my car on his insurance i had no idea . Now they are charging us and due in court on 17th july . is there anything i can do?
Province/Country relating to question : uk
nothing just got served the papers
HiThank you for your question and welcome to Just Answer. I will try to help with this.It depends. Are you charged with permitting no insurance? Or just him for no insurance?
this is what is says on the paperson 28/12.2011 at swansea permitted Mr Kane to use a motor vehicle ona road or other public place namely caergynydd road (my address) when there was not in force in relation to that use such a policy of insurance or such a security in respect of third party risks as complied with the requirements of part V1 of the road traffic act 1988 contary to section 143(2) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988 we both had our own insurance Mr kane had only renewed his insurance 3 days before and it was comprehensive his mistake was he didnt tick the box that required him to be able to drive mine or be covered for mine... i had no knowledge of this i had no reason to mistrust him and ask to see proof... this was a genuine mistake. the fact it has taken so long has surprised me i thought they were not going to take action as it was a genuine mistake.
Thank you for the further information. I am just travelling to Court and cannot see your reply. I will get back to you as soon as I arrive which should be around 10.30. Thank you for your patience. Jomo
for jomo1972thank you awaiting your reply
Ok. Do you have any other live points?
for jomo1972 no i do not its a clean driving licence
If they have already summonsed you then it is too late to make representations although you could make them on the morning you attend.You do have a defence under s143(3)(c) on the basis that you neither knew or had reason to believe that no policy of insurance was in force.However, the burden of proof does pass to you to convince the court of that although, in truth, I'm not sure that makes any difference at the magistrates court in practical terms. You will need to produce evidence to support your reasonable belief that he was insured.Failing that the bench may accept there are special reasons not to add points but if you genuinely had no reason to know then it's probably worth fighting this.Hope this helps. Please rate my answer and then I will give you related follow up information for free.
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for jomo1972i geniunely did not know that he had not ticked the box on his insurance ...how on earth do i prove i did not know he didnt tick the box on his insurance. we have been together for 2 years now and he has not given me one reason not to trust him in such matters. He also seems to think he can take all the blame in this matter, is this true? i believe it is not and have no choice but to plead guilty, I understand that the best policy is to turn up at court and just explain my case and hope that the court can understand that it wasnt a plot to decieve.. would that be the best way to procede.? i ask as im on benefits to have points on my licence could in effect make me unable to afford insurance next year and as i am unable to walk more than 50 meters would render me house bound.
Im not sure whether my post is visible to you? I make clear that you do have a defence and it would be worth fighting?Please press accept and then I will give you related information for free
for jomo1972 thank you although i see no button to accept lol i accept
Ok. You might not be seeing an accept button now. We can sort that out at our end.What else did you want to know?
for jomo1972just what my defence is really and the best way forward to procede. As i said Mr Kane thinks he can take all the blame and i dont think he can
I suppose he is charged with using without insurance alone?I've worked out the difficulties with accept. You have to rate the answer now. Its a recent change. you won't be seeing the accept button.
for jomo1972i will assume you will be charged or has been summoned driving a car without 3rd party insurance he may have left home this morning without mail being delivered. i am assuming that im sending the forms back putting in a plea of not guilty if im to use my defence s143(3)(c) of that i neither knew or had reason to believe that no policy of insurance was in force.?i will rate the answer now to get the accept button
OK. One thing at a time.Has he been summonsed for no insurance only?
for jomo1972i have no idea he has not told me he has recieved anything
He is probably charged with no insurance alone.Either way he cannot take the blame for you. It is possible for you to both be guilty.What he could do is plead on a basis that you would not have known the true position and he can give evidence at your trial to that effect.
for jomo1972right i thought so, so is the best way to procede, to put in a plea of not guilty and call him as a witness to plead that i would not have known the true position?i just need to know how to process these forms back to the court
If you genuinely could not have known he was not insured then thats the right thing to do.You can just plead not guilty by post but should probably attend on summons dates to enter the plea as well.
for jomo1972 thank you for your help this is what i will do
No problem.All the best.
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