Jump to content

NE1advice

Registered Users

Change your profile picture
  • Posts

    6
  • Joined

  • Last visited

Reputation

1 Neutral
  1. In order to validly cancel, insurer should have written to policyholder - contact insurer to find out what they did. If insurer has not done something correctly as anubis points out, a complaint can result in a letter of indemnity. In your case, your son was misled into believing he was insured, by you. He remains guilty of no insurance BUT if he is able to persuade the court he was misled by a third party, this could amount to "special reasons" not to impose the penalty points. Court would probably want to hear evidence from you and him. This could place YOU at risk of causing and permitting him to drive without insurance (also 6PP and a fine). If you wish to pursue this Iould suggest you cotact a solicitor. He may qualify for legal aid or a solicitor may be willing to quote for a "fixed fee"
  2. If you need the date of conviction/ which court, contact the DVLA. They will have the conviction recorded whether or not it was on a UK licence.
  3. An insurance company's terms and conditions will normally require they write to you giving a certain amount of days notice of cancellation. Contact them and ask for a copy of any letter they sent you. If they have not sent one, they have not validly cancelled. It can be worth submitting a formal complaint to your insurance company if they have not made any proper effort to contact you before cancelling, especially if they hold your phone number or email address. If your complaint is upheld they may be willing to provide a letter of indemnity (basically saying you are covered) which would result in any charges being dropped. However, most insurers will send a couple of letter chasing payment and warning insurance to be cancelled. On the bright side, if they have cancelled the policy, it is void from commencement and they have to repay any of the premium you have already paid (less an admin fee)
  4. Phone the fixed penalty unit and ask why you were not offered the speed awareness course. The answer is likely to be you were not deemed suitable OR you were offered and did not respond to the letter in time. If you were not deemed suitable, not much you can do so long as their reasons are correct. If you were sent an offer and didn't receive it, they may be willing to re-consider. However they will be working within strict time limits as if you fail to attend course they have to then summons you within 6 months. Don't drag it out by refusing FPN and asking for court hearing. Whether you admitted offence or not is irrelevant as police officer can give evidence of speed as he showed you at the time.
  5. There is only one charge - it will be under section 87 (1) of Road Traffic Act 1988 - the learner driver was driving otherwise than in accordance with their licence. It sounds like the attached police statement refers to lack of L plates and lack of supervising driver. Either or both of these make the driver guilty of the offence. If the lack of supervising driver is disputed, the learner driver is still guilty of the offence. Dragging it out at court may only serve to increase costs to the defendant. As you have already been advised, the reason for stopping the vehicle is irrelevant as the police are permitted to stop any vehicle under the Road Traffic Act. Your complaint regarding the subsequent search is also irrelevant to the charge. Again as advised above, if your friend accepts driving without L plates displayed, he should plead guilty. I don't think it will make any difference to the fine that he in fact had a supervising driver. If the court thinks it will make a material difference to sentence, then the court can hold a Newton Hearing to hear evidence on this. I cannot imagine they will go to the time and effort and will probably just accept what your friend says. Careful not to push too much for technicalities - as the supervising driver, technically you are guilty of causing and permitting the offence - also punishable with 3PP and a fine. Having asked for free advice, perhaps you should accept what several contributors have now told you.
  6. I know this is an old thread but I thought I should answer it correctly in case anyone else is looking for the answer. If you apply for legal aid in a criminal case which is sent or committed to the Crown court, you may be asked to pay a contribution towards your legal costs, depending on your financial circumstances. The court will issue an Income Contribution Order is your income is above a certain threshold and is paid monthly OR if you are convicted at the end of the case a Capital Contribution Order, if you have assets or capital above £30,000. The £30,000 limit can also be removed by the court if you have failed to respond to requests for evidence or further information about your financial circumstances. Collection of these contributions orders have been passed to Rossendales. The courts have various powers of seizure and enforcement. See here - sorry I can't post the link but look at the justice dot gov dot uk website and search for capital contribution orders Your first step should be to go back to your solicitor to ensure the court has the correct information regarding your financial circumstances.
×
×
  • Create New...