Right the story goes like this,
In July I was driving my mates car when I was stopped by the police for it flagging up on the anpr for no insurance which I bellieved was held but was actually allegedly cancelled due to non payment, the problem this now threw at me is that I was now not covered due to my insurance stating the any car I drive as a third party has to have a insurance policy relating to it not held by me, which of course it didn't, now I know the onus is on me to check so I am guilty of that particular alleged offence,
This morning I recieved the paperwork for a court date only to notice the registration on the paperwork is not the one of the vehicle I was in,
Now where do I go from here, if I plead not guilty will it get thrown out due to technicalities?
Please I don't want people on their high horse over this but if I get found guilty of this I stand to be disqualified due to totting up of points,
Its not as if I have driven intentionally uninsured.
Any one with any KNOWLEDGE on this your advise will be very much appreciated,
I know I need to call my solicitor but they ain't open until Monday and I'll be worrying all weekend otherwise
Thanx

 

I'd keep worrying, only your solicitor can answer that question really.

Either way its an IN10 6 pts and a few hundred quid fine for no insurance.

 

Yes mate this I know, and as im on 8 points already then I will get banned, thanks though

 

From experience false charges will get thrown straight out.

 

Everything else was right except registration,

 

if the information on your charge sheet are wrong then they will throw it out .

 

I fuckin hope so lol could really do without being banned

 

No they won't

 

But I don't believe the car you are driving has to be covered.

It only becomes un-insured when left unattended. Its not your car so you can't be liabal for that

 

My policy states that the other car has to be insured, and the they told the officer this when he rang to check my insurance status

 

Just a thought

did they take the car? if so can they use the documents from that to give the right number plate? and convict you?

 

Yeah they did take the car but every bit of paperwork they sent me states the wrong reg, even the officers statement

 

if they are saying u were driving car x with that reg number x, then as u weren't driving that car, u plead not guilty, as u weren't driving a car with that reg, they can't do u for driving a car u didn't drive, say u don't even know anyone with that car reg, ask what sort of car it was, and in what part of the country it is reg'd in, make them work, i got the book thrown at me once, but they couldn't prove anything so it got thrown out, that was all because they got no signiture at roadside and couldn't prove it was me, case dropped

 

really? i tried to get off a speeding on a technicality. theyed wrote down i was doing 47 in a 50 instead of 47 in a 30. i got no where as the offence code was right.
how wrongs the reg? 1 digit out or totally different?

 

Slightly wrong or totally wrong. If the car was N561 TPK and he's got down N651 TPK or N561 TKP you are unlikely to wriggle out of it. If it's F712 FNM then you would have grounds to kick up.

Bank on a rotting up ban and get a proper solicitor on board.

From my recent experience with courts and magistrates there really is no way of guessing what they wil do. I got a 56 day ban for 128, magistrates dissmissed all my arguements. My mate, same offence different bench, took on board same arguements and gave a 28 day ban.

 

my small print stated that if i was driving someone elses car on my policy they had to have at least 3rd party cover for mine to cover me.i dont know if thats across the board with all though.

 

I think you done well tbh Steve, 28 day ban for 138 he must have left with a sore arse and magistrate with smile from ear to ear

 

Tbh im not too sure of the reg as it wasn't my car and im no longer speaking to the mate who's car it was over the incident, all I know is the car was a y reg and the reg on the summons is a t registration

 

I'm of the firm belief that if they have made one error, there must be others. If they are incapable of recording simple details down wrong, how can anything the police are trying to pin you with be believed or trusted ?

Yet when it comes down to it, it seems they are allowed to make all the mistakes in the world, yet can still get a conviction. That is just totally wrong.

To have any chance of getting off with it, you'll need a bloody good solicitor. Other than that, you're guilty whether the police get any details about the incident right or not.
They are allowed to be incompetent and make lots of mistakes recording important facts, you arent allowed to make any.

 

been there, done that, got the tshirt

all be it 15 years ago when i was driving a bus

i was charged with dangerous driving and had a court date and everything as the coppers not only stopped me, but they also called the garage to find out who was driving the bus at the time so they had me bang to rights as being the driver of that bus

anyway, it went to court and they had put the wrong date down so the bus company sent them the log card for the date they requested

as luck would have it, i was off that day so not only was my name not on the log card, my name wasn't down as driving that day and the bus was being driven by someone else at the time

judge threw it out and i didn't even enter a plea, i stayed absolutely quiet all the way through the 30 seconds of proceedings

i didn't have a solicitor as i was representing myself but i knew from the day they sent the paperwork with the charge listed that they were wrong and i just thought i would bluff it and see what happened

if you have someone to talk to who can advise you then by all means take their advice, but if the reg is incorrect you should be able to get away with a technicaility

 

GET LEGAL ADVICE!! A lot rides on this and you're asking for trouble expecting a definitive answer on here.

I don't know about this particular case, but in many motoring cases there is something called the 'slip rule' which allows for clerical errors, i.e. wrong dates, misspelt names, wrong reg numbers etc.

But seriously, get legal advice don't just wing it unless you're happy to accept the punishment.

 

If you have a decent solicitor it will defiantly be thrown out. I use Michael Lyon Solicitors in Glasgow and he'd defo get you off with this.

 

I'd be truly horrified to hear there is actually such a rule in place that allows the police to make blatant and important mistakes, yet still secure convictions !!

What next....they can run around picking people at random to convict because they feel like it ? Like parking wardens almost do already in fact...

If the police are trying to convict people of an offence. One which could have massive implications to their lives ( ie losing a license etc )...every single detail should be 100% correct ! There is no excuse at all for them making mistakes.
If they are incapable of doing their jobs, sack the useless fucks !

 

you cant really compare a clerical error with a random framing. there would obviously need to be some substance to a charge and a court should be able to convict based on that should you try to contest it if/when you obviously did it.
why should someone get off a charge just because of a spelling mistake by 1 little cog in the justice machine?

 

They wont be assured .

Someone on here was caught speeding going North on the M1 but the paperwork said he was travelling South all other things were correct. Judge said it was clerical not a technical fault & the person was banned for 6months.

 

thanks for everyones advise, I will be speaking to a solicitor first thing Monday morning to see what they have to say,
Until then in just gonna accept that im going to get a ban and if I somehow don't I've had a bit of a result

 

i wouldnt think the o/p has much of a chance of dodging this, he committed the offence, regardless of the unfortunate circumstance ultimately its up to the driver to check hes covered and theres a minimum penalty for driving with no insurance.
he cant deny he did it he can only plead on the circumstance and hope for leniency.
obviously im no expert but having been banned 8 times, paid thousands in fines and done many hours community service for motoring offences in my misspent youth i do have lots of personal experience

 

good luck with it though.

 

Mate I think im equal with you on the driving records and punishment but have not done anything naughty for a while now, even the points I have are from an offence I committed 4 years before I was punished for it due to me not going to court when I should have,
Just a kick in the balls as for a long time I've tried my best to stay 100% legal, also am I right in thinking its an automatic year ban under the totting up procedure?

 

to be banned under totting up your points must be all gained in a 3 year period, also points after 4 years can be removed as a general rule..

 

Yes my points still count, even though the offence is now 6 years old I was only sentenced for it 2 years ago

 

some motoring offences are date of offence and some are date of conviction.i also think your previous record will influence the court rergardless of the circumstances now if its as you say as bad as mine.

 

Believe me mate my driving record is truely shocking and I know my driving record is going to throw any chance I have of a lienient sentence out the window, I've had 7 bans in total myself ranging from a month to a year

 

i suspect youre fucked.

Youd be very very lucky to throw it out on a typo. any magistrates with common sense would see that the offence occured regardless of a typo at the station. To be fair thats how it should be anyway. Getting off because a piece of paperwork was wrong or someone cant spell isnt right IMO. however if there is a technical fault in the evidence gathering, then thats a different matter.

You would be better off going down the line of good mitigation in that you had asked your mate if it was insured and you reasonably had no reason to distrust him. You might then be lucky and be allowed to keep your license on 14 points.

However if you didnt ask your mate if he was insured and just assumed then you are fucked.

 

I did ask him and him and he was adamant and still is that he was insured but we have since fallen out over this and suspect he would not stand in court and say this as deep down he knows I know he's chatting shit, I was standing next to the officer when he rang Tesco insurance

 

i think its irrelevant with your driving history you posted that up while i was replying.

Would require a very unbiased and totally 100% objective set of magistrates to ignore such a bad driving history and not make some judgement as to your guilt on the basis of your past.

It is worthwhile doing some digging into the offence that took 4 years to be convicted to see what the relevant date was for totting up purposes.

 

By the same logic....why should someone get charged with say 40 in a 30....it's just a single digit back to 30. 3 instead of 4.

If a doctor made the same simple clerical mistake and someone got an overdose of medicine and died...would you see it as a simple mistake to be ignored ?

If a cop cannot do their job properly which involves noting down very simple facts, then they shouldnt be in that job.
Nor should someone be charged when "facts" or fiction used against them are wrong.

They seem to manipulate everything to do with motoring law so that no matter what mistakes they make, no matter how wrong any laws are, they can still convict regardless. That is totally and utterly wrong.

 

Sadly someone believing or claiming they are insured is not the same thing as actually having insurance. And the Judge wont give a toss. You dont have the paper trail to back up any claims, so you're screwed.

Although maybe you could just make up a paper trail....the cops are allowed to write down anything they want and use it as evidence lol

 

depends if youve had a totting up ban before or not.

first totting up ban - 6 months

2nd ban within 3 years - 12 months

3rd ban within 3 years of the 2nd- 2 years.

ie you dont learn your lesson, the longer the totting up bans get.

 

The story behind that was me gettin caught riding my motocross bike in a public place which I never turned up to court for, it was only when I was stopped in my car one night 4 years later when they done a PNC check it came back I had a warrant for failure to appear and as they didn't have a up to date address for me they couldn't serve it so I was found guilty in my absence and had to go to court to be sentenced, hence the 8 points which are only 2 years old so I think im still fucked