Magistrates court fine
Discussion
Evening all,
As title I have been convicted of having a car "parked of the road " with no insurance it was not sorn . The court found me guilty without me being present. I responded to the letter late, which I know is not acceptable!
I know in hindsight now that the car should have been sorn. My question is will this conviction give me a criminal record? I have never been in trouble with the law no motoring convictions or any thing?
I have found mixed answers from my research online? Is there are anyway if it goes on record for me to appeal against it?
Please advise
As title I have been convicted of having a car "parked of the road " with no insurance it was not sorn . The court found me guilty without me being present. I responded to the letter late, which I know is not acceptable!
I know in hindsight now that the car should have been sorn. My question is will this conviction give me a criminal record? I have never been in trouble with the law no motoring convictions or any thing?
I have found mixed answers from my research online? Is there are anyway if it goes on record for me to appeal against it?
Please advise
Edited by mm23 on Tuesday 7th March 23:59
mm23 said:
Evening all,
As title I have been convicted of having a car "parked of the road " with no insurance it was not sorn . The court found me guilty without me being present. I responded to the letter late, which I know is not acceptable!
I know in hindsight now that the car should have been sorn. My question is will this conviction give me a criminal record? I have never been in trouble with the law no motoring convictions or any thing?
I have found mixed answers from my research online? Is there are anyway of it will go on record for me to appeal against it?
Please advise
Is this just not an endorsement on your driving licence? Not sure why it would be considered a criminal conviction. Have you handed your licence in? It's been a long day....were you convicted for not having insurance? As title I have been convicted of having a car "parked of the road " with no insurance it was not sorn . The court found me guilty without me being present. I responded to the letter late, which I know is not acceptable!
I know in hindsight now that the car should have been sorn. My question is will this conviction give me a criminal record? I have never been in trouble with the law no motoring convictions or any thing?
I have found mixed answers from my research online? Is there are anyway of it will go on record for me to appeal against it?
Please advise
Firstly, I'm not a lawyer.
But technically, yes, you have been convicted of a criminal offence - a very minor one.
http://www.legislation.gov.uk/ukpga/2006/49/sectio...
Here's the law you were convicted under. It's not a conviction if it's dealt with by fixed penalty notice (FPN), which you failed to respond to by the sound of it.
Your available options to appeal are limited IMO - if you committed the offence and didn't bother to respond to the FPN then you appear to be out of luck.
It's not all bad though. As far as I can see you only get a fine and no endorsement on your licence (makes sense as you don't need to drive to own a car), and since the rehabilitation period for a fine is only 12 months now you will be free of it reasonably quickly.
But technically, yes, you have been convicted of a criminal offence - a very minor one.
http://www.legislation.gov.uk/ukpga/2006/49/sectio...
Here's the law you were convicted under. It's not a conviction if it's dealt with by fixed penalty notice (FPN), which you failed to respond to by the sound of it.
Your available options to appeal are limited IMO - if you committed the offence and didn't bother to respond to the FPN then you appear to be out of luck.
It's not all bad though. As far as I can see you only get a fine and no endorsement on your licence (makes sense as you don't need to drive to own a car), and since the rehabilitation period for a fine is only 12 months now you will be free of it reasonably quickly.
Thank you for the replies chap, just to clarify I wasn't driving the vehicle hadn't been driven in ages was stored off the road where it could not pose any risk to anybody!
Therefore it is not a matter of being convicted of driving with no insurance, more so of having a motor vehicle which is not declared off road (sorn).
I did come across the fact that it is only on 'record' for twelve months, this is not the point. I appreciate that it is my fault for not responding in time to the fix penalty to be honest I don't remember receiving it however I am not arguing that it was not sent.
The court date letter I responded to but was told was out of time, I am not complaining about the fine which being a inconvenience is something which I guess I have to stomach. It is more that I would hope that this would not tarnish a otherwise clean history, I may need to go for a crb check in the future and wouldn't want something like this to be shown.
I may give Citzens advise a ring tomorrow to see if they can shed any light!
Therefore it is not a matter of being convicted of driving with no insurance, more so of having a motor vehicle which is not declared off road (sorn).
I did come across the fact that it is only on 'record' for twelve months, this is not the point. I appreciate that it is my fault for not responding in time to the fix penalty to be honest I don't remember receiving it however I am not arguing that it was not sent.
The court date letter I responded to but was told was out of time, I am not complaining about the fine which being a inconvenience is something which I guess I have to stomach. It is more that I would hope that this would not tarnish a otherwise clean history, I may need to go for a crb check in the future and wouldn't want something like this to be shown.
I may give Citzens advise a ring tomorrow to see if they can shed any light!
mm23 said:
Thank you for the replies chap, just to clarify I wasn't driving the vehicle hadn't been driven in ages was stored off the road where it could not pose any risk to anybody!
Therefore it is not a matter of being convicted of driving with no insurance, more so of having a motor vehicle which is not declared off road (sorn).
Doesn't matter. It's an offence under the continuous insurance regs, which have been in place since 2011. If a car isn't on MID, it MUST be SORNed.Therefore it is not a matter of being convicted of driving with no insurance, more so of having a motor vehicle which is not declared off road (sorn).
mm23 said:
Yes I know it is a offence, what I want to is does it constitute a criminal record? And if i can contest it?
Happened to me, when I forgot to SORN a car i was in the process of selling. Anyway, was fined ~£175 but have had numerous Enhanced CRB checks in the next 5-10 years with no consequences for my teaching jobs. Yes as you were convicted at a magistrates court it counts as a criminal conviction however certain traffic offences are not recordable and won't appear on your criminal record.
I believe (may be wrong) the only driving offences that can appear on criminal record are:
Drink driving
Drug driving
Failing to provide a breath/blood/urine specimen
Failing to stop or report an accident
Dangerous driving
Causing death by dangerous/careless driving
As a rule of thumb, if you can go to prison for the offence then it will appear on your record.
I believe (may be wrong) the only driving offences that can appear on criminal record are:
Drink driving
Drug driving
Failing to provide a breath/blood/urine specimen
Failing to stop or report an accident
Dangerous driving
Causing death by dangerous/careless driving
As a rule of thumb, if you can go to prison for the offence then it will appear on your record.
Edited by HantsRat on Wednesday 8th March 15:33
You have been convicted in court. It will be recorded. I see PCs showing this daily I'm afraid.
On the plus side, don't panic. My experience is that most folk do appreciate this is an admin rather than a motoring offence. It's rarely held against anyone and will soon drop off a standard crb. You can appeal, but what ? That you didn't commit the offence as you did have insurance ? You didn't. Mistakes happen. Accept it I'm afraid.
On the plus side, don't panic. My experience is that most folk do appreciate this is an admin rather than a motoring offence. It's rarely held against anyone and will soon drop off a standard crb. You can appeal, but what ? That you didn't commit the offence as you did have insurance ? You didn't. Mistakes happen. Accept it I'm afraid.
Thanks for the replies guys.
So some of you believe it won't count as a record some do? I spoke to a solicitor who gave me legal advice and said even though you were convicted in court it will be seen as a motoring offence and will not appear on your record. He said it was like getting prosecuted for speeding and going to court for it. He said if someone was to ask have you had a criminal conviction your answer should be no, however if you are asked have you had any motoring offences then you will have to admit to it.
I appreciate what you have said bobthebench this has now given me more doubt. I wanted to appeal and request that I have paid the fine it was administration error and I would hope I could get it taken of my record. What is the procedure to appeal?
So some of you believe it won't count as a record some do? I spoke to a solicitor who gave me legal advice and said even though you were convicted in court it will be seen as a motoring offence and will not appear on your record. He said it was like getting prosecuted for speeding and going to court for it. He said if someone was to ask have you had a criminal conviction your answer should be no, however if you are asked have you had any motoring offences then you will have to admit to it.
I appreciate what you have said bobthebench this has now given me more doubt. I wanted to appeal and request that I have paid the fine it was administration error and I would hope I could get it taken of my record. What is the procedure to appeal?
Edited by mm23 on Thursday 9th March 08:59
mm23 said:
Thanks for the replies guys.
So some of you believe it won't count as a record some do? I spoke to a solicitor who gave me legal advice and said he Ben though you were convicted in court it will be seen as a motoring offence and will not appear on your record. He said it was like getting prosecuted for speeding and going to court for it. He said if someone was to ask have you had a criminal conviction your answer should be no, however if you are asked have you had any motoring offences then you will have to admit to it.
I appreciate what you have said bobthebench this has now given me more doubt. I wanted to appeal and request that I have paid the fine it was administration error and I would hope I could get it taken of my record. What is the procedure to appeal?
I'm genuinely surprised. A court found you guilty and therefore convicted. It's a non-endorsable offence, but still a conviction. So some of you believe it won't count as a record some do? I spoke to a solicitor who gave me legal advice and said he Ben though you were convicted in court it will be seen as a motoring offence and will not appear on your record. He said it was like getting prosecuted for speeding and going to court for it. He said if someone was to ask have you had a criminal conviction your answer should be no, however if you are asked have you had any motoring offences then you will have to admit to it.
I appreciate what you have said bobthebench this has now given me more doubt. I wanted to appeal and request that I have paid the fine it was administration error and I would hope I could get it taken of my record. What is the procedure to appeal?
Rehabilitation period for a fine under the Rehabilitation of Offenders Act is 1 year.
Every day is a school day.
Thanks.
You have been convicted of a criminal offence by a criminal court, but you do not have a criminal record. Unless on the same occasion you were also convicted of an imprisonable offence then a non-imprisonable motoring offence is not recorded on the Police National Computer. Your conviction is recorded by the DVLA as a non-endorseable minor motoring offence. It's in the same category of offences as not wearing a seatbelt. Quite distinct from speeding - which is endorseable.
I make no comment as to whether it is advisable but if you want to appeal against conviction then within 21 days of conviction, send this form to the convicting court and a copy to the prosecuting authority:
https://www.justice.gov.uk/courts/procedure-rules/...
Some background reading in Part 34 of CrimPR:
https://www.justice.gov.uk/courts/procedure-rules/...
Note that the crown court has the power to increase your sentence and there will also be further prosecution costs to pay if your appeal fails - the average prosecution costs award is £520.
I make no comment as to whether it is advisable but if you want to appeal against conviction then within 21 days of conviction, send this form to the convicting court and a copy to the prosecuting authority:
https://www.justice.gov.uk/courts/procedure-rules/...
Some background reading in Part 34 of CrimPR:
https://www.justice.gov.uk/courts/procedure-rules/...
Note that the crown court has the power to increase your sentence and there will also be further prosecution costs to pay if your appeal fails - the average prosecution costs award is £520.
Edited by agtlaw on Thursday 9th March 07:32
agtlaw said:
You have been convicted of a criminal offence by a criminal court, but you do not have a criminal record. Unless on the same occasion you were also convicted of an imprisonable offence then a non-imprisonable motoring offence is not recorded on the Police National Computer. Your conviction is recorded by the DVLA as a non-endorseable minor motoring offence. It's in the same category of offences as not wearing a seatbelt. Quite distinct from speeding - which is endorseable.
What he said (Said much better than I was trying to put across)Edited by agtlaw on Thursday 9th March 07:32
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