Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Slick490 on September 28, 2024, 10:04:20 am
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Damn... I work in healthcare. So all my enhanced DBS will show with a criminal conviction?
My partners indiscretions never showed on her enhanced DBS. She was in a sensitive healthcare role.
I rather imagine a reasonable number of your colleagues may have speeding convictions beyond the fixed penalty regime for example.
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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...
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:
That’s when the MIB stepped in and sent me a letter saying I didn’t have insurance on ABC123D.
Now, I’ve received the Single Justice Procedure Notice for not having insurance on the old plate, ABC123D,...
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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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.
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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.
Damn... I work in healthcare. So all my enhanced DBS will show with a criminal conviction?
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?
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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.
Damn... I work in healthcare. So all my enhanced DBS will show with a criminal conviction?
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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).
Plus the victim surcharge - 40% of fine.
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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.
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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.
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.
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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.
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.
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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.
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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).
:( I think I'd rather just plead guilty if it's just a fine. Don't want things to get messy
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What would happen if I plead guilty? What could potentially happen? Is it just a fine?
Am I able to enter the reasoning for why this silly mistake happened on the online portal?
Sorry for all the questions. Quite worried about this...
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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).
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I'm also not sure if I'm getting done for s144a and s144c. It's not very clear.
Given the words it seems fairly clear it is s144a. Maybe I missed some words.
My suggestion remains unchanged.
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Well, as s. 144C does not create an offence, and s. 144A does, I'm going to have to say that it's impossible to say which section you're accoused of committing an offence under.
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Have I got this right ?
You have a vehicle reg ABC123D. You held apolicy for that vehicle, but declared it as XYZ123, that was the reg on the policy and presumably on display on the vehicle.
You changed the reg from ABC123D to XYZ123.
The MIB complained you didn't have a policy on (which one?), and you didn't deal with this.
You have now got an SJPN for not having a policy on (which reg) but do have a policy (and have all the time) on (which reg).
Explain to your insurers and ask for written confirmation that cover would have been honoured for the other reg. They may be prepared to confirm this.
If so then you may be able to persuade whoever issued (presumably dvla) to withdraw.
Or use this as a basis for a not guilty plea (the vehicle was in fact insured).
The vehicle originally had the registration ABC123D, and I changed the plate to XYZ123. I updated my insurance policy right away to reflect the new plate, XYZ123, and it has been insured under that plate the entire time.
However, I forgot to notify the DVLA about the plate change, so as far as they’re concerned, ABC123D (the original plate) wasn’t insured. That’s when the MIB stepped in and sent me a letter saying I didn’t have insurance on ABC123D. Due to recovering from knee surgery, I didn’t deal with the MIB’s letter in time. I never received the small fine letter they were supposed to send afterwards.
Now, I’ve received the Single Justice Procedure Notice for not having insurance on the old plate, ABC123D, even though the vehicle has been insured under XYZ123 the entire time.
I'm also not sure if I'm getting done for s144a and s144c. It's not very clear. I've quoted exactly what it's said in the letter above. I think it might be s144a which seems like a lesser offence with no chance of points just a fine, and no other penalties. But if someone could clarify this. It would be helpful.
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Have I got this right ?
You have a vehicle reg ABC123D. You held apolicy for that vehicle, but declared it as XYZ123, that was the reg on the policy and presumably on display on the vehicle.
You changed the reg from ABC123D to XYZ123.
The MIB complained you didn't have a policy on (which one?), and you didn't deal with this.
You have now got an SJPN for not having a policy on (which reg) but do have a policy (and have all the time) on (which reg).
Explain to your insurers and ask for written confirmation that cover would have been honoured for the other reg. They may be prepared to confirm this.
If so then you may be able to persuade whoever issued (presumably dvla) to withdraw.
Or use this as a basis for a not guilty plea (the vehicle was in fact insured).
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Thanks for your reply. I didn’t give enough context, so I appreciate you pointing that out. I thought itd be more helpul with the links
Apologies for dropping the scans without explaining everything properly!
To clarify the situation:
I received a Single Justice Procedure Notice under Section 144A(1) of the Road Traffic Act 1988 for not meeting statutory insurance requirements, and it mentions that a Fixed Penalty Notice was sent earlier in accordance with both Section 144A and Section 144C.
The offence seems to be that I didn’t declare the vehicle as SORN after changing the number plate, even though the car was insured the entire time. I forgot to notify the DVLA, as my brother usually handles this, and it was an oversight on our part.
I did receive a letter from the MIB informing me I had 28 days to act, but due to recovering from knee surgery, I didn’t respond within that time. After that, I should have received a letter with a small fine, but I never received that. Instead, I’ve now been sent this Single Justice Procedure Notice, which includes the possibility of a larger fine or court appearance.
Here are my main concerns:
1. Am I being penalised for both Section 144A and Section 144C, or is Section 144C just referring to the process of issuing the notice? From what I understand, Section 144C seems procedural, but I want to make sure I’m not being charged for both.
2. If I plead guilty, what is the likely fine, and would it be reduced by 33% for an early plea? I’m worried about the potential costs, especially since the notice mentions a fine and possibly a sentence. I'd also like to avoid court if possible, but if I plead guilty, is attending court mandatory?
3. Is there any way to resolve this by paying the original small fine that I would have been willing to pay if I had received the letter? I’m frustrated that I never got the opportunity to pay that smaller fine and would much prefer to settle the issue in that way if possible.
4. Can I still contact the DVLA or another authority to try to settle this without going to court, or is it too late now that I've received the Single Justice Procedure Notice? I’ve read that some people were able to sort these issues out with the DVLA, but I’m unsure if I’ve passed that point.
Ultimately, I’d prefer to settle this with the original fine if that’s possible, but I’m lost on how to proceed. Any guidance or advice on the best way to handle this would be really appreciated!
Thanks again for your time and help.
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Presumably you are being prosecuted for a "continuous insurance" offence - being the keeper of a vehicle that is not covered by an insurance policy and is not declared SORN. This is far less serious than driving without insurance.
I say "presumably", as I have no intention of reading through scans to find out what is going on without the OP troubling us with the basic details himself. I also don't know the ultimate answer, and have no intention of trying to work it out for the same reason.
My advice, as a moderator, is that if you want posters to give up their free time to try to help you, it is often helpful to do more of the leg work yourself, rather than being seen as someone dumping a pile of paperwork on someone else's desk and asking them to "kindly do the needful". That said, at least you have presumably provided us with all the relevant information in the scans.
On the face of it, the compound question is whether the fact that the car was insured, but the issue arose because you committed some other offence (failing to update the VRM with the DVLA) a defence, and if so would admitting the other offence put you in a better position.
These are all regulatory offences. Whether you intended to commit them, or whether some other family member usually dealt with such matters is irrelevant.
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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.
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Hi guys,
I received a letter from DVLA as attached - Road traffic act 1988 s144a and 144c
I changed my plate but forgot to mention it to DVLA - I know it's silly but my brother usually deals with insurance and plates etc but he forgot to notify DVLA. My insurance had the correct plate on the car the whole time. I didn't even know this was a thing!
I received a letter from MIB 6 months before this DVLA letter explaining that I will have 28 days before they issue me a fine. During that time I just had total knee replacement and couldn't keep up with my letters or any of my daily activities - mixture of being out of it with pain meds and actually being out of it due to the pain...
From the people I've spoken to, they told me that I was supposed to get a fine letter before this single justice procedure notice.
I'd like a chance to at least pay the original fine whatever that would be but I'm not sure how to go about it. If I tick guilty it seems like I have no say and I get slapped with a fine. If I tick guilty I have to attend court. That also seems like an additional cost. I'm really lost.
How much is this fine if i tick guilty? They say if you tick guilty it's 33% off whatever it is. They also mention that there's a chance of a sentence as well, which, of course, I want to avoid
from checking online people have mentioned to give DVLA a call. Perhaps they could sort this issue outside of court?
Thanks for any help anyone can offer me
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