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#Post#: 38833--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: Slick490
Date: September 29, 2024, 1:01 pm
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--- Quote from: Southpaw82 link ---
>
> It does seem the the OP is not guilty of the offence under s
144A, as the vehicle was insured. He does seem to be guilty of a
registration offence though (not that it matters right now).
>
--- End Quote ---
:( I think I'd rather just plead guilty if it's just a fine.
Don't want things to get messy
#Post#: 38845--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: Southpaw82
Date: September 29, 2024, 1:57 pm
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If you plead guilty, you’ll get a fine, court costs and victim
surcharge. If you tell the court what you tell us (i.e. put it
on the online form) then it’s likely that the court will reject
your guilty plea, as it seems that your mitigation amounts to a
defence.
#Post#: 38865--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: Slick490
Date: September 29, 2024, 6:10 pm
---------------------------------------------------------
--- Quote from: Southpaw82 link ---
>
> If you plead guilty, you’ll get a fine, court costs and victim
surcharge. If you tell the court what you tell us (i.e. put it
on the online form) then it’s likely that the court will reject
your guilty plea, as it seems that your mitigation amounts to a
defence.
>
--- End Quote ---
Okay - I think I'm going to guilty plea and just explain my
situation and apologise. I won't mention my brother forgot, I'll
just mention I forgot and I didn't receive the intermediate fine
which I would have paid and avoided this fiasco.
#Post#: 38875--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: Slick490
Date: September 30, 2024, 3:16 am
---------------------------------------------------------
--- Quote from: 666 link ---
>
> S144a and 144c are to do with insurance. What has your number
plate got to do with it?
>
> You say you had insurance, so why would you plead guilty?
Please explain what happened, with a timeline.
>
> S144c says the Secretary of State MAY offer a fixed penalty.
There is no entitlement, and in any event it would be too late
as the matter is now with the court.
>
--- End Quote ---
Hey, I'd appreciate if you could have a read of the thread. And
what I've decided to do. Is it sensible - or am I misinformed.
#Post#: 38881--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: slapdash
Date: September 30, 2024, 3:51 am
---------------------------------------------------------
If you do just plead guilty (and word any mitigation carefully
to avoid it being taken as a not guilty plea) the fine would
typically be half a week's wages (max 1000) less 1/3rd for early
guilty plea plus victim surcharge (40%) plus 90 costs (may have
gone up a bit).
You will also have a criminal conviction which you must declare
if asked, all insurers seem to ask (for any form of insurance).
Edit: forgot surcharge.
#Post#: 38891--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: 666
Date: September 30, 2024, 4:39 am
---------------------------------------------------------
--- Quote from: slapdash link ---
>
> If you do just plead guilty (and word any mitigation carefully
to avoid it being taken as a not guilty plea) the fine would
typically be half a week's wages (max 1000) less 1/3rd for early
guilty plea plus 90 costs (may have gone up a bit).
>
> You will also have a criminal conviction which you must
declare if asked, all insurers seem to ask (for any form of
insurance).
>
--- End Quote ---
Plus the victim surcharge - 40% of fine.
#Post#: 38927--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: Slick490
Date: September 30, 2024, 9:13 am
---------------------------------------------------------
--- Quote from: slapdash link ---
>
> If you do just plead guilty (and word any mitigation carefully
to avoid it being taken as a not guilty plea) the fine would
typically be half a week's wages (max 1000) less 1/3rd for early
guilty plea plus victim surcharge (40%) plus 90 costs (may have
gone up a bit).
>
> You will also have a criminal conviction which you must
declare if asked, all insurers seem to ask (for any form of
insurance).
>
> Edit: forgot surcharge.
>
--- End Quote ---
Damn... I work in healthcare. So all my enhanced DBS will show
with a criminal conviction?
#Post#: 38928--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: 666
Date: September 30, 2024, 9:22 am
---------------------------------------------------------
--- Quote from: Slick490 link ---
>
> [quote author=slapdash link=topic=3290.msg38881#msg38881
date=1727686260]
> If you do just plead guilty (and word any mitigation carefully
to avoid it being taken as a not guilty plea) the fine would
typically be half a week's wages (max 1000) less 1/3rd for early
guilty plea plus victim surcharge (40%) plus 90 costs (may have
gone up a bit).
>
> You will also have a criminal conviction which you must
declare if asked, all insurers seem to ask (for any form of
insurance).
>
> Edit: forgot surcharge.
>
--- End Quote ---
Damn... I work in healthcare. So all my enhanced DBS will show
with a criminal conviction?
[/quote]
Not necessarily. It would depend on whether the police thought
it relevant to your role.
And would any employer really care about an insurance offence?
#Post#: 38930--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: Slick490
Date: September 30, 2024, 9:27 am
---------------------------------------------------------
I've tried looking for the solicitors list on the forum but
cannot find it. I'd be really grateful if someone could point me
in the right direction for a solicitor.
I can't risk having a criminal conviction.
If it was merely a fine to pay I would have done so, as I was
happy to pay the initial fine, since I made a mistake. :'(
I don't think it's fair for the court to implement a conviction
on my name since I never received the letter in the first
place... but I guess that's for me to discuss with a solicitor
now.
#Post#: 38943--------------------------------------------------
Re: Single justice procedure notice - did not receive
intermediate letter
DIR By: NewJudge
Date: September 30, 2024, 11:01 am
---------------------------------------------------------
--- Quote ---
> I don't think it's fair for the court to implement a
conviction on my name since I never received the letter in the
first place...
--- End Quote ---
If you are convicted (whether by way of a guilty plea or having
been found guilty following a trial) you will have a criminal
conviction recorded against you. The court has no discretion
over this.
Have you asked your employer whether a conviction for this
offence (which will become "spent" in 12 months) will have any
effect?
In any case, from what you've said, I don't believe you are
guilty of an offence under s144A:
--- Quote ---
> That’s when the MIB stepped in and sent me a letter saying I
didn’t have insurance on ABC123D.
>
--- End Quote ---
--- Quote ---
> Now, I’ve received the Single Justice Procedure Notice for not
having insurance on the old plate, ABC123D,...
--- End Quote ---
But you didn't need to insure a vehicle bearing the reg'n number
ABC123D if, for no other reason, (presumably) there was no
vehicle bearing that mark.
Section 144 says this: "For the purposes of this section a
vehicle is covered by a policy of insurance if the policy of
insurance is in force in relation to the use of the vehicle."
Well yours was covered by a policy of insurance because you had
a policy which covered its use.
What you may be guilty of is some sort of offence under the
legislation covering registration marks, but that's not what you
have been charged with.
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