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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69161
Experience:  Over 5 years in practice.
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I work in City of London, I am running my family and expecting

Customer Question

I work in City of London, I am running my family and expecting a baby in Aug 2013. I am very tight on money and 2 weeks ago my friend asked me to work for him over the weekend to earn some extra money to buy some stuff for baby as he knew my situation. He run a fast food business and I was delivering food to one of his customer when police stopped me and ask for my insurance details. I provided them with insurance details but they issued 6 points and £200 fine as my insurance was not right. I had insurance for domestic and pleasure use only. At that time I did not know that I needed a special insurance for this purpose. I did not find out as it was just one off work and it was due to busy weekend at my friends place and he was short of driver. Unknowingly I made mistake but can I appeal for sympathy against this decision. I do know that I unknowingly committed an offence. My point is that I was just doing that work as one off to earn extra money and I have all right evidence to prove this. Is there any chances that I don't get penalty points? If they give me points i would have to surrender my Licence as it is less than 2 years old. And my wife is 6 months pregnant and I am the only person in house who can drive and I had to take her to hospital every now and than. thanks
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

Is this a fixed penalty fine?
Customer: replied 3 years ago.

Yes, It is fixed penalty fine. again I would say I have done mistake but it was more of a ignorance than mistake.

Expert:  Jo C. replied 3 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I do understand this was ignorance not a deliberate choice but the plain fact remains that is no defence Im afraid. Under the Road Traffic Acts most offences are strict liability.

You can always write to the Crown asking them to consider the merits of this prosecution but its not a good idea here. All that would happen here is that you would miss the cut off period to pay the fixed penalty and then you would be at risk of being summonsed to court paying costs and a much higher fine.

If you are prepared to take that risk then you can always refuse the fixed penalty in the hope that they will forget to summons you.

However, given the facts, CPS is not going to take the view that this is not in the public interest to prosecute unfortunately.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Customer: replied 3 years ago.

I can not really Understand your answer as I am not familiar with law terms. Can you please explain in more simpler terms. Also I would like to ask again is there any chance that I will not be given Fixed Penalty points if I plea guilty and ask for sympathy as I was insured and this has been charged for not being insured. Also I was not doing this work out of my leisure time just to make few extra quid. Please can you explain if I want to appeal against it what would be the best grounds.

Expert:  Jo C. replied 3 years ago.
I'm not sure how to rephrase it.

You have no grounds of appeal I'm afraid.
Customer: replied 3 years ago.

Thanks for your reply, my point is I except that i do not have any grounds but I am not appealing against decision. I am asking for sympathy. As I need my licence due to my wife's situation. I am asking your expert opinion that is there any way I can retain my licence?

Expert:  Jo C. replied 3 years ago.
I cannot really add to what I've said above on that point.

In terms of keeping your licence, you will get 6 points and a financial penalty. Immediate disqualification is not normal.
Customer: replied 3 years ago.

But my Licence is less than 2 years old. And 6 points means immediate disqualification. Can you please describe how to appeal or request to court not to disqualify my licence due to my situation?

Expert:  Jo C. replied 3 years ago.
You have no grounds of appeal as I have said.

I'm really sorry but I just plain cannot tell you that they will not prosecute this.
Customer: replied 3 years ago.

I am not satisfied with your answer. It seems like you are not ready to provide any advise on how to request for sympathy. You are expert in the field off-course there are cases where people have requested for sympathy and have been successful in their applications. I am just asking for your help on how to do it to avoid disqualification.

Expert:  Jo C. replied 3 years ago.
Sorry but I won't be able to continue with this because you have left a negative rating.

Opting out.

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