[DONOFO]

Before anyone comments that I deserve the ban. I know this already and was expecting it.

I'll try and keep this short...

Through my own negligence I was caught driving without insurance last year. I already had 6 points on my lisence from a few years ago for a different matter.

Basically since being pulled over , having my car impounded and having to go through the process of getting it back, I've not heard a thing from the police or court. Until today. Naively I thought that after 6 months I couldn't be prosecuted (or whatever the correct term is). It's been 10 months since the date of offence and today I've had a letter saying I've been banned from driving but haven't sent off my licence. I've gone on the DVLA website and found that exactly since months from the date of offence I was prosecuted and then following that, it was decided in court that I would be banned for 6 months and fined.

I'm understand the ban. I expected it.

I thought I would have the opportunity to plead my case in court (totting up).

Is there anything I can do to appeal the process and what are the chances?

[NMNeil]

You can appeal.
https://www.gov.uk/appeal-magistrate...bout-your-case
But as you did'nt have insurance it may be better to just grin and bear it as the court is unlikely to change their mind, unless you can show them you did have insurance at the time.

"You should prepare to enter into conflict only when the outcome shows the likelihood of success for your side."

Sun Tzu, The Art of War

Or in simpler terms,

"Never start fight you have no chance of winning"

[TC1474]

Information has to be laid before the court within 6 months of the date of the alleged offence. In simple terms the court must be told of their intention to prosecute you, although it may be several more months before the case is actually heard.

A summons will have been sent out to you informing you of the date, time and name of the court that your case had been listed for, and it will also ask you if you intend to plead guilty or not guilty, however they are not obliged to check that you received the summons in the first place.

Usually if a defendant does not appear on the stipulated date, then the case is adjourned and a new summons is sent out, but...... the court does reserve the right to hear the case in the absence of the defendant and hand down whatever punishment is deemed appropriate.

Had the information been put before the court after the 6 month period, then like a wrongly dated NIP, the case would have to be thrown out and no prosecution would take place.

You could appeal, but all I can say based on 45 years experience is that it is very unlikely any appeal would succeed unless you can prove that the information was laid before the courts late, there was a serious mistake made in the administration of your case and/or the issuing of summonses, or there is a good reason why you should not be banned from driving.

Given that your case was dealt with 6 months on from the date of the offence, your first argument goes straight out of the window, and you will find that the paper trail regarding the actual court case will be fairly watertight unless the CPS screwed up which has been know to happen from time to time.

As previously said in the post above, I would be inclined to just suck it up, bearing in mind that even under totting up, no insurance defendants often get a 12 month ban, and if you were to appeal and it was allowed, they could actually increase your ban and your fine, so that may be worth thinking about.

[Beelzebub]

OP, the most likely reason you didn't hear from the court is a wrong address on your V5C. Have you checked it? Or have you moved recently?

[TC1474]

Originally Posted by Beelzebub

OP, the most likely reason you didn't hear from the court is a wrong address on your V5C. Have you checked it? Or have you moved recently?

Shouldn't apply in this case as the Police and the CPS do not go by the V5C as it has little relevance as it may have been a company vehicle (for example) and the address on the V5 would be different to the drivers details..

His vehicle was seized and so the correct postal address would have been given to the Police at the time of being stopped and his driving licence details and address would also have been checked at the time, and the pound would have relied on these details before the car was released from the pound..

The Police would only have used confirmed details, and these details would be what the CPS would have been working with, so unlikely that they had an incorrect address which was confirmed when he was written to informing him of his penalty.

[Beelzebub]

Originally Posted by TC1474

Shouldn't apply in this case as the Police and the CPS do not go by the V5C as it has little relevance as it may have been a company vehicle (for example) and the address on the V5 would be different to the drivers details..

His vehicle was seized and so the correct postal address would have been given to the Police at the time of being stopped and his driving licence details and address would also have been checked at the time, and the pound would have relied on these details before the car was released from the pound..

The Police would only have used confirmed details, and these details would be what the CPS would have been working with, so unlikely that they had an incorrect address which was confirmed when he was written to informing him of his penalty.

Fair point.

[NMNeil]

Originally Posted by Beelzebub

OP, the most likely reason you didn't hear from the court is a wrong address on your V5C. Have you checked it? Or have you moved recently?

The OP said he got a letter telling him he was banned, so they must have the correct address on file

[Rolebama]

My personal dealings with the Court Services was very disappointing. Back around 2002 I took a personal prosecution against a couple. After three visits to the Magistrates Court, they were found guilty and fined. Around five years later I discovered they had appealed and the conviction was quashed by the Crown Court. This was because I had not turned up. I checked with the original Magistrates Court, and was told that they had not been advised. It turns out that when the conviction was quashed, the fine they had paid to the Magistrates Court had been refunded by the Crown Court. Usually, this would then be followed by a request to the Magistrates Court to reimburse the Crown Court. This had not happened. Via my MP I was put in contact with the Parliamentary Ombudsman to the Court Services. After many letters and phone calls over a period just shy of two years including contact with the Magistrates Court, a Final Draft letter was sent out by the Crown Services. It stated that the Crown Court must have sent letters to both myself and the Magistrates Court advising us of the appeal, as it was standard practice to do so. It also concluded that I had admitted to having received said letter and ignored it. They seemed to overlook that I had started my complaint on the grounds that neither myself or the Magistrates Court had received any such letter, and I had never stated that I had. Bearing in mind that the Magistrates Court has never received any communication asking for reimbursement of the fines, it is apparent to me that Crown Services work from a big top under the control of a ringmaster.

[TC1474]

Originally Posted by Rolebama

it is apparent to me that Crown Services work from a big top under the control of a ringmaster.

The Crown Prosecution Service has not been fit for purpose since its introduction back in the early 80's when it took over from the Police prosecutions department.

As someone once told me, any solicitor or official in law worth his salt or has half a brain would be working in private law not for the crown.

Never a truer word said..

[Rolebama]

I spent quite a few days in early 80s taking groups of late teens to sit in Courts for them to see how it all works. General consensus was that prosecutors were not as good as defending solicitors/barristers. Some Clerks of the Court and Ushers were making noticeable efforts to keep straight faces whether through disdain or trying not to laugh. To be honest though. I think the same could be said for some of the legal aid characters. I know this is preaching to the choir, but it was the lads and lasses seeing this for themselves.