Plead Guilty by Post/At Court... What to put?

Plead Guilty by Post/At Court... What to put?

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Discussion

StottyEvo

Original Poster:

6,860 posts

163 months

Wednesday 12th November 2014
quotequote all
Copied from another thread:

I wonder what the take is on my current situation.

Months ago the GF at the time wanted to drive my car, one night I conceded and we headed to the most suitable place I could think of. We went to a huge Tesco car park at 11.30pm on a Tuesday. As you can imagine, it was empty.
I showed her how I wanted to driver (down one isle, u turn and up the next)then we switched seats. For about 1min 30secs she drove up and down, no car came in the car park or came near us the entire time.

To my horror a Police car entered the car park and pulled up near the door. I instructed her to pull into a bay and we switched seats. I drove away and the Police car followed and pulled me.

It transpired that they'd noticed the car from the main road. I explained what we were doing, given the circumstances I thought I'd pass the attitude test and they'd say fair enough, have a nice night.

The Police agreed that the driving was at a sensible speed but told me that they had to report it nevertheless.

She rung me in floods of tears yesterday, apparently she's being prosecuted for driving without insurance, I'll be prosecuted for Aiding & Abetting driving without insurance. Its a minimum of 6 points for each offense and as shes within her 2years her license will be revoked.

A little harsh or just deserts? I'm taking it on the chin either way hippy



I'm being charged with Aiding&Abetting driving without insurance and "permitted *** to drive a motor vehicle, on a road..., otherwise then in accordance with a licence authorising her to drive of a motor vehicle of that class"

Should I plead guilty and fill in the form, or plead guilty and go to court?

It appears that I'm looking at 9 points and a hefty fine

Any advice would be appreciated

Edit to add: It could be worth mentioning that they're hearing the case at Crown court 12 days from today, so I'm sending my letter today at 4pm.

SLCZ3

1,207 posts

205 months

Wednesday 12th November 2014
quotequote all
It would seem that the officers had not taken their discretion pills that night.

agtlaw

6,702 posts

206 months

Wednesday 12th November 2014
quotequote all
At least one of you should argue special reasons to avoid endorsement.

The offence carries a fine and 6-8 points or a discretionary ban. Might be worth arguing for a 7 day ban?

The drive otherwise in accordance with a licence offence is NOT GUILTY - as you were not on a road.


StottyEvo

Original Poster:

6,860 posts

163 months

Wednesday 12th November 2014
quotequote all
Agt as the car park has public access I thought it would count as a road? I forget to mention that at the time of the offense she hadn't passed her driving test. I thought that charge was in relation to not having L plates displayed.

agtlaw

6,702 posts

206 months

Wednesday 12th November 2014
quotequote all
The offence is not being dealt with at crown court - it can't be (except by way of appeal from the magistrates' court).

Not sure what the rush is to return a form more than a week before its due. It won't be looked at until the hearing anyway - which is when full credit is given for an early guily plea. There's no extra credit for sending it in a week or weeks before the hearing.

V8forweekends

2,481 posts

124 months

Wednesday 12th November 2014
quotequote all
As it happened in the USA, it's tricky knowing what to do really.

Vaud

50,426 posts

155 months

Wednesday 12th November 2014
quotequote all
V8forweekends said:
As it happened in the USA, it's tricky knowing what to do really.
??

marshalla

15,902 posts

201 months

Wednesday 12th November 2014
quotequote all
Did she have a provisional licence at the time ?
Did you have reason to believe that she would be insured to drive your car with you supervising ?

agtlaw

6,702 posts

206 months

Wednesday 12th November 2014
quotequote all
StottyEvo said:
Agt as the car park has public access I thought it would count as a road? I forget to mention that at the time of the offense she hadn't passed her driving test. I thought that charge was in relation to not having L plates displayed.
A car park is not generally a road. Thread on here about the law. Another about NG using phone in Tesco car park where trial issue was road or not.

No insurance offence is on a road or other public place
Drive o/w licence is on a road - therefore not guilty

If she hasn't passed her test then her licence won't be revoked. That only applies after the driving test is passed

StottyEvo

Original Poster:

6,860 posts

163 months

Wednesday 12th November 2014
quotequote all
agtlaw said:
The offence is not being dealt with at crown court - it can't be (except by way of appeal from the magistrates' court).

Not sure what the rush is to return a form more than a week before its due. It won't be looked at until the hearing anyway - which is when full credit is given for an early guily plea. There's no extra credit for sending it in a week or weeks before the hearing.
My apologies I misread the form! It is at Magistrates.

I won't rush to send the paperwork then, the girl who was driving sent hers the very day she received it, she was in quite a panic :/

anonymous-user

54 months

Wednesday 12th November 2014
quotequote all
It doesn't really seem a proportional outcome to me. You both end up with court appearances for something minor, yet people receive cautions of all sorts of offences.

The police have little choice when it comes to outcomes (other than discretion or sending the generic form to the central office who decide the outcome).



V8forweekends

2,481 posts

124 months

Wednesday 12th November 2014
quotequote all
Vaud said:
??
Offense, license.

Eclassy

1,201 posts

122 months

Wednesday 12th November 2014
quotequote all
No advice to give but I'll like to commend the police for removing dangerous and uninsured criminally minded drivers off our roads.


Vaud

50,426 posts

155 months

Wednesday 12th November 2014
quotequote all
V8forweekends said:
Offense, license.
Ahh, it was a bit subtle. wink

Pebbles167

3,436 posts

152 months

Wednesday 12th November 2014
quotequote all
Seems very unfair, although it sounds obvious, don't plead guilty to anything that you are not, its quite easy to do that.

Accompany your reply with an apologetic letter explaining what kind of people you are, and try and show your reasons for doing what you did and how ypu thought it would be ok.

StottyEvo

Original Poster:

6,860 posts

163 months

Wednesday 12th November 2014
quotequote all
agtlaw said:
StottyEvo said:
Agt as the car park has public access I thought it would count as a road? I forget to mention that at the time of the offense she hadn't passed her driving test. I thought that charge was in relation to not having L plates displayed.
A car park is not generally a road. Thread on here about the law. Another about NG using phone in Tesco car park where trial issue was road or not.

No insurance offence is on a road or other public place
Drive o/w licence is on a road - therefore not guilty

If she hasn't passed her test then her licence won't be revoked. That only applies after the driving test is passed
Great information! Upon checking the second charge it states "-Non endorsable" am I correct in thinking that this means it is simply a fine? That won't go on my licence.

AngryPartsBloke

1,436 posts

151 months

Wednesday 12th November 2014
quotequote all
Eclassy said:
No advice to give but I'll like to commend the police for removing dangerous and uninsured criminally minded drivers off our roads.
11:30 at night, in an empty car park, teaching someoen to drive. Really?


I hope you don't get knocked down off your high horse otherwise I don't know what you'd do having to walk around like the rest of us.

"uninsured criminally minded drivers" Pleb

Mark-C

5,063 posts

205 months

Wednesday 12th November 2014
quotequote all
Eclassy said:
No advice to give but I'll like to commend the police for removing dangerous and uninsured criminally minded drivers off our roads.
You really are the most boring person on the internet ....

LocoCoco

1,428 posts

176 months

Wednesday 12th November 2014
quotequote all
AngryPartsBloke said:
11:30 at night, in an empty car park, teaching someoen to drive. Really?


I hope you don't get knocked down off your high horse otherwise I don't know what you'd do having to walk around like the rest of us.

"uninsured criminally minded drivers" Pleb
The poster you quoted was being sarcastic.

AngryPartsBloke

1,436 posts

151 months

Wednesday 12th November 2014
quotequote all
LocoCoco said:
AngryPartsBloke said:
11:30 at night, in an empty car park, teaching someoen to drive. Really?


I hope you don't get knocked down off your high horse otherwise I don't know what you'd do having to walk around like the rest of us.

"uninsured criminally minded drivers" Pleb
The poster you quoted was being sarcastic.
Attempting sarcasm in written conversation?

That's even worse!