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#Post#: 62973--------------------------------------------------
Re: No insurance help
DIR By: disgruntchelt
Date: March 17, 2025, 4:30 pm
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I feel for your son. It’s nothing lots of us haven’t done,
I think there are 2 very slim chances that have been suggested.
Both maybe complete long shots but is the possible upside worth
the extra risk?
What are 6 points going to do to his future insurance premiums?
Will he even be able to get insurance? Does the type of policy
he has allow the insurers to jack up the premium mid policy year
for offences and not just poor driving? If taking a fixed
penalty effectively takes him off the road for several years
does rolling the dice seem worthwhile?
What is his income? How much more will a guilty plea fine be vs
the fixed penalty? This is the amount he is gambling on a SRNTE
plea working.
How much would the not guilty plea fine be if the “it wasn’t
public” defence failed?
#Post#: 62979--------------------------------------------------
Re: No insurance help
DIR By: adders
Date: March 17, 2025, 4:48 pm
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Well his insurance is already stupidly high and so moving
forward whatever the outcomes he is going to struggle for years
now. Currently in full time education completing a levels prior
to moving onto university. Though that might be changed by this
as he was planning on a commutable university that he already
has his offer for.
Job wise he does part time work in the service industry, also in
a place that is in the sticks and 30 mins drive, so that will
have to change.
I have reached out to a couple of motoring lawyers and waiting
on replies. Slim as the chances seem it increasingly feels like
it is worth a go.
#Post#: 62981--------------------------------------------------
Re: No insurance help
DIR By: sparx
Date: March 17, 2025, 5:05 pm
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Scroll down on this page for "places that are not public places"
HTML https://thedrivingsolicitor.co.uk/2019/03/11/road-or-other-public-place-where-do-driving-laws-apply/
Where exactly was the car park and what business is it
associated with?
#Post#: 62984--------------------------------------------------
Re: No insurance help
DIR By: adders
Date: March 17, 2025, 5:17 pm
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A cinema car park shared with a retail park.
#Post#: 62985--------------------------------------------------
Re: No insurance help
DIR By: NewJudge
Date: March 17, 2025, 5:53 pm
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As a rule of thumb (but not entirely foolproof) if anybody can
drive into it without the need for permission, a pass, or for
any gates or barriers to be opened that would only be done for
authorised people, it is a public place. The place you describe
seems as though it probably fits the bill.
#Post#: 62991--------------------------------------------------
Re: No insurance help
DIR By: disgruntchelt
Date: March 17, 2025, 6:27 pm
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As per the link above, were the retail premises open? was the
cinema open? Is it a genuinely shared carpark or are certain
sections reserved or separated?
Case law says a pub car park is a public place when the pub is
open, and not a public place when the pub is closed.
Are there any signs up governing the use of the car park?
Just to manage expectations, your son should explore all
options, but expect to be embracing bus travel.
Just one last thought, a not guilty plea will push out the date
when he loses his licence/ has it revoked. It might be worth a
not guilty plea just for that purpose.
#Post#: 63021--------------------------------------------------
Re: No insurance help
DIR By: BertB
Date: March 18, 2025, 4:51 am
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I would have thought getting it done and dusted ASAP so he can
put in for his test again prior to going to Uni would make more
sense. Although 6 months might be tight for getting theory and
practical done. There is an app apparently to apply for test
cancellations that gives you access to multiple regions.
#Post#: 90918--------------------------------------------------
Re: No insurance help
DIR By: adders
Date: September 22, 2025, 6:54 am
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An update.
We opted for court and after dragging out the replies and then
getting it moved to our local magistrates my son was up this
morning. 56 day ban, which all things considered is a good
result and one we are happy with.
#Post#: 90920--------------------------------------------------
Re: No insurance help
DIR By: disgruntchelt
Date: September 22, 2025, 7:07 am
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Thanks for the update.
I think that is a good result for his circumstances.
#Post#: 90925--------------------------------------------------
Re: No insurance help
DIR By: NewJudge
Date: September 22, 2025, 8:28 am
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Yes, thanks for the update.
I must say I am surprised. A a disqualification when points are
available which would see revocation is clearly contrary to the
Magistrates' guidance.
I usually suggest that such an outcome is unlikely. I'll modify
my suggestions in future, but I must say it is unusual. Anyway,
probably a good outcome for him. Whether he will still be saying
that when he finds out the insurance implications is perhaps not
so certain! >:(
Thanks again for he feedback. As you can see, it does help.
PS. The court should have made him aware that although his
licence has not been revoked under he New Drivers' legislation,
he will still have to apply for a new one when his ban finishes,
but this will be a full licence. His old one has been revoked
because his ban for was 56 days.
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