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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64352
Experience:  Over 5 years in practice.
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Hi. On 13/03/13 I was driving my 125cc bike. Police stopped

Customer Question

Hi. On 13/03/13 I was driving my 125cc bike. Police stopped me for a check, finding in my box 4 envelopes with different adresses on it, the reason I had these, is That my friend was not feeling well, so he asked me if I can sort out this things for him, (for no money payment) I was on the way to hackney town hall at the time, And obviously I have regular domestic and pleasure insurance. 
After showing the officer my provisional license card and paper and cbt, and they checked the insurance by phone, They asked me if the letters are for a business? I said yes, its for hackney town hall which they are a business. So they took my words as i said that i work for a buissnes, so i was meant to have business insurance. They made me sighn that it's for business and that I do it 3 times a week - which I never said and is not true! (the reason I sighned it, was because it was raining and very cold weather, so all I wanted was to get home a s a p, so did not concentrate on sighning.) they marked me as: no insurance and took away my bike, which I picked it up next day for   £150, They gave me a ticket fine £200 and said I need to surender my license within 7 days - which I didn't! And I will get 6 points! (the reason I did not surrender my license is because I thought that if I want a court hearing I don't need to go to police station - which I know now it's wrong.)

So my qweshten is: what do I do next?
Should I go now to surrender my license?
Will I still receive a court hearing?
If I do receive a court hearing, and i lose and i get 6 points, what will happen? will I lose my provishnel license? - if yes, all I need to do is apply for a new one?!? (i know the insurance will go up)

Thanks for taking your time reading my letter.

Waiting to here from you!
S. Tunk
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

When did you pass your test?
Customer: replied 1 year ago.
Hi I don't have a full license, only provisional, my cbt I passed on 28/09/12
My provisional Is valid from 19/11/11 to 06/05/21
Thanks please tell me what to do next!
Expert:  Jo C. replied 1 year ago.
You will not be disqualified probably.

Proceeding on the basis that you are convicted for no insurance, that would normally attract 6 points and a fine. The fine will be much higher than the fixed penalty amounts and you will also have to pay court costs of £85.

You do not have a full licence though and so if you do get 6 points that will not lead to revocation. They can only revoke a full licence. Although will happen is that the points will be added to your provisional licence. They will remain there for 3 years.

However, if you pass your test subsequently then you will not have your licence automatically revoked because the points were added before you passed.

In relation to failing to surrender your licence, they could prosecute you for that but that is just a fine. There really isn't much to be gained in surrendering your licence because you do not have one that allows you to drive fully in the UK.

It is likely that they will summoned you to court unfortunately.

Hope this helps. Please let me know if you need more information.
Customer: replied 1 year ago.
Hi Jomo1972

Thank you for answering!!!

You manshent that I can get prosecute, and can get a fine,
Up to How much do you think the fine could be?

2) What will happen if tomorrow police will pull me down, will they see something on there system (that I did not surrender)

3) so just to be clear, getting points on provisional is nothing, just the insurance will go up
Expert:  Jo C. replied 1 year ago.
1. Usually 75-125% of your weekly income

2 Yes they will. Since you don't have a licence there isn't much point

3. Yes, except that obviously you will have 6 points
Customer: replied 1 year ago.
thank you jomo1972 so much for your help!
Last one I promise!

I'm trying to make insurance, I don't have 6 point's YET, why is it already double higher then usel??

Expert:  Jo C. replied 1 year ago.
I'm not an insurance specialist but not sure why you are seeking insurance? You don't have a licence and so cannot drive ?

Even if you are insured it will be invalidated if you drive alone.
Customer: replied 1 year ago.
Hi jomo1972.
I am looking for insurance for my moter bike!

I'm sorry but I think you got it wrong..

The law is that a motor bike upto 125cc you are allowed to drive with a provisional licence with a CBT - which is a course you take and the CBT last for 2 years, (need to display L plates, only 1 passenger on bike, no motor way!)

My insurance expires this week, and I am looking for new 1!

Can't wait to hear from you!
Expert:  Jo C. replied 1 year ago.
Yes, sorry you are riding on a cbt

I need to look up whether or not 6 revokes that entitlement. I'm fairly sure it doesn't but ill just check
Expert:  Jo C. replied 1 year ago.
Ok

It doesn't seem to apply to cbt. You will find the competences here

http://www.legislation.gov.uk/ukpga/1988/52/section/89

And cbt is not mentioned.

Your insurance has increased because you have points pending probably.

You may as well surrender your documents in this instance. You are late and they can add a further offence for that but that is a fine only and its not likely they would
Customer: replied 1 year ago.
What If I listen to you and surrender and will get a big fine bigger than what you mentioned or any other charge??
Expert:  Jo C. replied 1 year ago.
I don't understand?

You didn't surrender in time so they could summons you. They probably wouldn't but they could.
Customer: replied 1 year ago.
To jomo 1972 thanks for replying so let me get to the point, your saying it's best to surrender now? How much is the maximum fine I wil get for surrounding after 7 days?
Expert:  Jo C. replied 1 year ago.
The maximum fine is £1000 but you won't get that. Nobody really gets maximum fines.

Im happy to continue with this but please rate my answer.

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