Applying for Stay on No insurance Judgment

[wrecked]

Hi

 

I have been going through CAG on no insurance on a car even though its taxed and found that I have no choice but to pay the fine. The problem I have is the summons was issued whilst i was abroad and so I had no idea and therefore did not respond or attend court. I have now been ordered to pay a fine of £ 300+some fees which I really cannot afford and feel its really excessive.

 

Is it possible to request a Stay of execution of this judgment using N244 form and present my case?

 

I wrote to the court and explained my circumstances and basically they were extremely curt ... just told me to naff off.

 

please help and give me some guidance?

thank you

Wrecked.

[Conniff]

Court can fine up to £5,000 for no insurance so £300 isn't so bad.

[ploddertom]

Stay of Execution & N244 is only applicable to civil debts through the County/High Court.

[Tony P]

I do wonder about the point that the OP had no knowledge of the Hearing.

 

In such circumstances would he not have reasonable grounds to have the case relisted and reheard? Assuming he can reasonably prove he was unaware of the Summons.

[wrecked]

Hi

thank you for your replies. pl let me give an explanation.

1. I can prove i was abroad by showing my passport and the visa and stamps etc. as i had to get a visa for travel

2. I bought the car some years ago for my son to use. He bought another car and transferred the insurance to that car.

3. He did sell this car to his friend who failed to come up with the money to pay for it. and therein lies the problem. he waited for his mate to come up with the money and instead of it taking a couple of weeks - it took a couple of months.

4. Unfortunately, my wife and I are separated. My son left the car with his Mum on her drive, off the road. It still had tax and MOT.

5. At the time i was busy with my very new job ( I had been unemployed and on ESA etc. and just came off it as I managed to get well and get a new job) so i regret - i did not think about the insurance or its transfer. i was just happy that my son got a new car. i my son if the carwas still MOT'd and Insured. As he said - its OK as his friend was going to buy it ... i did nothing more. I can substantiate all of this.

So thats the full story in brief. my question is can i not use N244 to apply for a stay and I guess - if not - i will have to write to the DVLA and the Court... what else can I do?

thank you

wrecked.

[wrecked]

Hi

thank you for your replies. pl let me give an explanation.

1. I can prove i was abroad by showing my passport and the visa and stamps etc. as i had to get a visa for travel

2. I bought the car some years ago for my son to use. He bought another car and transferred the insurance to that car.

3. He did arrange to sell this car to his friend (so my son did do everything correctly) But his friend failed to come up with the money to pay for it. and therein lies the problem. My son waited waited for his mate to come up with the money (as you do) and instead of it taking a couple of weeks - it took a couple of months.

4. Unfortunately, my wife and I are separated. My son left the car with his Mum on her drive, off the road. It still had tax and MOT.

5. At the time i was busy with my very new job ( I had been unemployed and on ESA etc. and just came off it as I managed to get well and get a new job) so i regret - i did not think about the insurance or its transfer. i was just happy that my son got a new car. I asked my son if the car was still MOT'd and Insured. As he said - its OK as his friend was going to buy it ... i did nothing more. I can substantiate all of this.

So thats the full story in brief. my question is can i not use N244 to apply for a stay and I guess - if not - I will have to write to the DVLA and the Court... what else can I do?

unfortunately - whist I do have a job - i just do not have £ 300 to pay it and forget about it.

thank you

wrecked.

[ploddertom]

 

So thats the full story in brief. my question is can i not use N244 to apply for a stay and I guess - if not - I will have to write to the DVLA and the Court... what else can I do?

 

 

See Post 3

[ploddertom]

 

So thats the full story in brief. my question is can i not use N244 to apply for a stay and I guess - if not - I will have to write to the DVLA and the Court... what else can I do?

 

 

See Post 3

[mch1991]

Unfortunately "No Insurance" Offences are strict liability in the fact that either insurance was held or not, there is no middle ground, and it really would have to be under extreme circumstances that any judgement would be reconsidered.

 

Unfortunately, continuous insurance enforcement which was brought in a few years ago means a vehicle that isn't declared as SORN must have a valid insurance policy held.

 

Your son or who ever remains the registered keeper of the vehicle would have received correspondence before it got to the stage of court action.

 

I personally think that just paying the money (telephone the court and ask for a payment plan if you can't afford the whole lot), as if you ignore it then it'll be transferred over to a bailiff company which just complicates everything ten fold.

[wrecked]

Ah..Mr. Plodder....

so basically, i am stuffed...?ah hell.

thanks for your help anyway ... at least its clear now.

Wrecked.

[wrecked]

Dear Mch1991

sorry I did not see your post - and now i see posts being duplicated...

yes thank you for your advice. i shall write to the court and explain - and try and get a payment plan sorted

warm regards

Wrecked.