Free Traffic Legal Advice

I have not needed to post on here since Pepipoo days, but sadly find myself here again and hope you guys can help.

Firstly, this is not for me, its for my son. I know not ideal, but I have good and honest relationship with him and so am trying to help him out of the pickle he has got himself into with the least amount of pain.

So on to the the the tail of woe. He is a new driver of less than 2 years and is in possession of a COFP from the police for driving without insurance. He was stopped by a marked police car while driving a friends car in a car park. His friend has received the same for driving my son’s car. Stupid I know, but in his young mind he genuinely thought in a carpark he was ok. Now it sounds bad, I know, and I went straight to the same place as you probably, but having seen the dashcam footage from his car it is not the teenage car meet I was expecting. It is literally him and his friend driving in a straight line for 42 seconds at a max speed of 26mph to try each others cars. The car park was quiet, although not deserted, and it was not part of a big big car meet etc, although the carpark is known for that and hence probably why the police was about.

Both he and his friend hold full black box insurance for their respective cars. At a cost of ~2k per year i might add and both are 'gold' drivers according to their apps.

To cut to the chase. He is guilty for sure and although harsh in my humble opinion he has to face the consequences. The question is what to do? If he accepts the COFP he is revoked almost immediately and probably off the road for 6+ months while he waits for a slot for theory and an even longer wait for a test date. What are the court options? Ignorance is not a defence, but could he go to court, plead guilty and ask for a different punishment? Reduced points or a ban? If doing the court route he would need legal help i am sure and so any recommendations of specialist motoring lawyers from your experiences?

Its a mess and of his own doing, but as his old man i want to help if i can. Your expertise and advice would be gratefully received.

Thank you. Yes I have checked the insurance on the off chance and neither is covered.

As far as court options go, the court cannot impose fewer than six points. That is the minimum mandated by the statute. The alternative sentence (a short ban) is unlikely to be successful. Whilst the Magistrates’ guidance suggests that the effect of any revocation should be considered, it only points out that fewer points or a ban will avoid that consequence. However, It goes on to say:

“An offender liable for an endorsement which will cause the licence to be revoked under the new drivers’ provisions may ask the court to disqualify rather than impose points. This will avoid the requirement to take a further test. Generally, this would be inappropriate since it would circumvent the clear intention of Parliament.”

There is no doubt that the offence would not otherwise warrant a ban to be considered and I would expect the court to follow the above guidance.

As above, the only grounds for a “Special Reasons” argument to be made would be on the basis of a short distance driven. I don’t expect that to succeed. From your description it is not clear whether the episode would have continued had he not been stopped and in any case, there was absolutely no reason for it to have taken place in the first place.

I think he must plan for revocation.

...but it sounds an expensive gamble with odds against.

The SRNTE is only valid with a guilty plea so costs aren't so bad.  But the odds are against him as there was no necessity to 'test drive' another car.

Obviously accepting a fixed penalty is instant 'game over'.

Also, looking on the bright(ish) side, revocation doesn't have to stop him driving.

He can apply immediately for a new provisional licence.

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?

Scroll down on this page for "places that are not public places" 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?

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.