DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Speeding and other criminal offences
*****************************************************
#Post#: 31695--------------------------------------------------
Driving without insurance single justice procedure notice
DIR By: Melamili
Date: July 31, 2024, 4:56 am
---------------------------------------------------------
Good Morning All,
I am in a bit of a situation and a friend has recommended your
good forum to get advice.
Summary of the situation:
On 16/2/24 I was stopped by police not sure of the exact reason
of the stop but I am assuming my vehicle was flagged up on their
ANPR as having no insurance.
I was driving my own vehicle registered under my name with my
young daughter as a passenger.
The police officer asked me if I had insurance and I said yes of
course. After checking on their systems they informed me there
was no insurance on the vehicle to my shock and I thought there
must have been some sort of mistake.
My (soon to be ex) wife and I have a multicar policy and she is
the one that normally renews every year. We are currently going
through a break up with court proceedings under way to decide
things like child custody etc. During the incident I attempted
to contact her to see if she had renewed but could not get hold
of her. I then messaged her to which she replied and it became
apparent that she had not renewed the policy on my vehicle. As
it is a joint policy I am assuming she would have had to
actively remove my vehicle from the insurance without my
knowledge and without letting me know.
I contacted a relative in the car industry who spoke with the
police and I am not sure what they discussed but after speaking
with them and explaining my situation the police were
sympathetic in allowing me to do any insurance policy there and
then to allow me to drive the vehicle again rather than get it
towed away which is what I think happens under normal
circumstances.
I have already received the letter of offer for fine and points
which I did not respond to as I wanted to explain the
circumstances of this in court. I now have the single justice
procedure notice and would like to know your thoughts. I have
until 5th of August to reply to this.
Link to documents: Apologies if they are all over the place, did
not know how to sort.
HTML https://imgur.com/a/Q9jQ8SW
HTML https://imgur.com/a/vGmQf1d
Questions -
1)Is there any defence where I can argue that I had sufficient
reason to believe I had car insurance as it was a joint policy.
If not does that mean people in such multi car policies would
have to check daily if they have insurance in case the named
policy holder has decided to cancel the insurance? Is that
realistic?
2)Is there any criminal complaint I can put against my wife with
regards to cancelling / removing my car from the multicar policy
and not informing me of this? In the knowledge I was driving our
daughter around and that I could face serious consequences where
I to be stopped by the police (which I was) and potentially
affect my employment and professional registration. I just dont
know how she could have done this and also allowed her daughter
to be driven in an uninsured vehicle.
3)Some of the officers statements are not accurate such as me
saying no comment which was not the case, I was in full
conversation with them trying to explain what had happened but
none of this appears in the witness statements.
4)Probably a moot point - on the actual letter it is addressed
without stating my first name (only has my middle name and
surname), but my name appears in full on other parts of the
documents sent by the police.
#Post#: 31704--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: 666
Date: July 31, 2024, 6:27 am
---------------------------------------------------------
It may be of no consequence, but by "actual letter", which one
do you mean?
#Post#: 31707--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: Melamili
Date: July 31, 2024, 6:40 am
---------------------------------------------------------
HTML https://imgur.com/a/9ekwPLJ
These ones for clarification
#Post#: 31711--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: andy_foster
Date: July 31, 2024, 6:49 am
---------------------------------------------------------
Driving without insurance is a strict liability offence -
whether or not you believed you were insured is irrelevant to
guilt.
On conviction, the court a re required to order your licence to
be endorsed (6 - 8 points or a ban) unless they find that there
are special reasons not to endorse.
SRNtE is not a defence (you are still technically guilty), but
is mitigation concerning the commission of the offence (why you
done it) that is so compelling that the court ought not to order
your licence to be endorsed.
I would suggest the bench are more likely to find SRNtE if the
circumstances are such that they themselves would likely have
done the same.
Merely innocently forgetting to insure or simply assuming that
you were insured is not in itself sufficient.
If your estranged wife maliciously cancelled "your" policy
without telling you, then that would seem to be something that
could potentially form the basis of SRnTE - although the obvious
counter-argument is whether you should have assumed that your
estranged wife would continue to pay for "your" insurance. If it
was cancelled mid-policy, that would probably be a stronger
argument than if it was simply not renewed. If it was simply not
renewed, I would strongly suggest avoiding arguing in court that
to avoid committing the offence you would have needed to check
every day.
SRNtE is very "fact specific" and dependent on the disposition
of the bench - it is not paint by numbers.
As regards facts, you would need some. Mere supposition that she
must have removed you from the policy is unlikely to ingratiate
you to the bench or persuade them to find SRNtE.
#Post#: 31739--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: Melamili
Date: July 31, 2024, 11:23 am
---------------------------------------------------------
Thank you for your reply.
It was my wife that would normally renew our insurance policy
plus it would have been on autorenew if that helps my case I'm
not sure.
I am in the process of obtaining information from the insurer to
try and prove she actively removed my car from the policy but im
having trouble as the policy is in her name. I don't if doing a
subject access request would help or if they are obliged to hand
over information if ifs regarding a criminal case.
Regardless of how I wish to present my extenuating circumstances
I am assuming u should just plead guilty and then try to explain
the situation to the judge. I already have 6 points so I am
potentially at risk of losing my license but I need my car for
work as I commute long distances.
Can I make a criminal complaint against my wife's actions?
#Post#: 31745--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: FuzzyDuck
Date: July 31, 2024, 11:45 am
---------------------------------------------------------
--- Quote from: Melamili link ---
>
> Can I make a criminal complaint against my wife's actions?
>
--- End Quote ---
No. Well technically you can but the police will not be
interested.
#Post#: 31754--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: andy_foster
Date: July 31, 2024, 1:08 pm
---------------------------------------------------------
Depending on the facts, she may or may not be guilty of some
inchoate offence.
#Post#: 31766--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: NewJudge
Date: July 31, 2024, 2:27 pm
---------------------------------------------------------
--- Quote from: Melamili link ---
>
> I already have 6 points so I am potentially at risk of losing
my license but I need my car for work as I commute long
distances.
>
--- End Quote ---
Whatever else you do regarding mitigating the offence itself,
you should prepare an "Exceptional Hardship" (EH) argument. As
you realise, if your attempt to avoid six points is
unsuccessful, you will face a six month ban for "totting up".
Magistrates have this guidance which they use when considering
an EH argument:
When considering whether there are grounds to reduce or avoid a
totting up disqualification the court should have regard to the
following:
It is for the offender to prove to the civil standard of proof
that such grounds exist. Other than very exceptionally, this
will require evidence from the offender, and where such evidence
is given, it must be sworn.
Where it is asserted that hardship would be caused, the court
must be satisfied that it is not merely inconvenience, or
hardship, but exceptional hardship for which the court must have
evidence;
Almost every disqualification entails hardship for the person
disqualified and their immediate family. This is part of the
deterrent objective of the provisions combined with the
preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the
risk to their licence of further penalty points, the court can
take this circumstance into account.
Courts should be cautious before accepting assertions of
exceptional hardship without evidence that alternatives
(including alternative means of transport) for avoiding
exceptional hardship are not viable;
Loss of employment will be an inevitable consequence of a
driving ban for many people. Evidence that loss of employment
would follow from disqualification is not in itself sufficient
to demonstrate exceptional hardship; whether or not it does will
depend on the circumstances of the offender and the consequences
of that loss of employment on the offender and/or others.
Noting my emphasis, that loss of employment would not in itself
normally make an EH argument successful, would you or others
suffer EH if you were banned?
#Post#: 31768--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: The Rookie
Date: July 31, 2024, 2:33 pm
---------------------------------------------------------
--- Quote from: Melamili link ---
> I don't if doing a subject access request would help
>
--- End Quote ---
That would seem to be your best bet, the answer certainly can’t
harm your case but may well help it.
#Post#: 31799--------------------------------------------------
Re: Driving without insurance single justice procedure notice
DIR By: slapdash
Date: August 1, 2024, 3:10 am
---------------------------------------------------------
--- Quote from: Melamili link ---
> I don't if doing a subject access request would help
>
--- End Quote ---
You may have some difficulty with that. Be as clear as you can
in what you are asking for. They may refuse on the
(questionable) grounds it is not your personal data.
*****************************************************
Page 1 of 3
DIR Next Page