i have been banned from driving because i didnt show my insurance papers to the court in time but the reason for this is because i changed car and had to give the papers back i was insured on the date i was stopped.is it possible to appeal against it? because i now have the papers back from my insurers to show i was covered on the day? please help
2007-05-13 19:27:46 · 23 answers · asked by Leigh F 1 in Politics & Government ➔ Law Enforcement & Police
Appeal your case and provide evidence that the disqualification will be overturned by the court.
2007-05-13 19:30:51 · answer #1 · answered by FRAGINAL, JTM 7 · 1⤊ 1⤋
If you are in the UK, the case can be reopened with a bench of at least two of the magistrates originally hearing the case (or the district judge, as the case may be) within 21 days or the conviction and the conviction can be set aside. It can sometimes be a problem to set up this formal hearing if the magistrates are tied up with other things and unable to get back to court within the time limit, but it is worth phoning the court and speaking to the clerk of the court to see if it can be arranged. Sometimes this will involve magistrates having to drop things and travel all the way into court just on your behalf, so if it happens be suitably grateful.
If it is too late to do this, then you will have to appeal to the Crown Court. As the time limit for appealing is 28 days, it may be necessary to apply for leave to appeal out of time.
2007-05-14 06:41:21 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
Doesn't sound right to me.I have changed cars several times and have never had to return insurance documents.I still have certificates and cover notes for cars I owned many years ago.I don't really have any reason for keeping them.I think you are trying to manufacture a reason to get off.Either that or you were too darn lazy to produce your documents when required.In the UK the DVLA at Swansea keep computer records of all insurances and MOT's for all vehicles so the police do not require to see them.They would only want to see your driving licence.No there is something fishy about this.
2007-05-14 02:47:08 · answer #3 · answered by Anonymous · 3⤊ 0⤋
My very word, go & see either the clerk of the court or a solicitor to follow this up. Didn't they give you long enough to get a copy of these papers in the first place? On what information you have given I would imagine you have a case & whilst you are there try asking the court for court costs. Worth a try, haha!! The very best of British to you.
2007-05-15 06:26:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Actually you get plenty of time to produce documents. Firstly you get a notice to produce at your local police station. If you don't, you can get an extension and eventually if you don't produce you get a summons. By the time you actually go to court, a minimum of six weeks will have passed. We live in an age when cover notes and other policy documentation can be produced by your broker at once and on-line. I think that unless your insurance company submit to the court that they have been incredibly negligent, the court are likely to assume ( as I do ) that the negligence is on your part.
2007-05-14 04:35:10 · answer #5 · answered by Anonymous · 1⤊ 0⤋
So long as you were insured i don't think you should have a problem, contact the court and speak to them, they will want to see the insurance certificate, so take it with you. I do know insurance company's want your old certificate back, so this shouldn't be a problem and the courts will understand this.
2007-05-14 03:11:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
This doesn't make sense to me.....
Why didn't you just go to your insurance company and get a copy of your insurance card or policy?
There is usually a few weeks before a court date. Plenty of time to take care of something like that.
2007-05-14 03:02:36 · answer #7 · answered by Kenneth C 6 · 0⤊ 0⤋
Take your paperwork to the Clerk of Courts and ask them what you can do to appeal or get the records changed. If that doesn't work, take them to the BMV and see what they tell you. Hopefully one of them can help you with this, if not, check with a lawyer for advice.
2007-05-14 03:16:22 · answer #8 · answered by KittyKat 6 · 0⤊ 0⤋
Yes you can appeal, I would suggest that you instruct a solicitor to handle your case as appeal are notoriously hard to get to court in a reasonable time.
2007-05-14 16:32:33 · answer #9 · answered by rick_wenham 2 · 0⤊ 0⤋
Write to the court. Your story doesn't stack up, however. Since when did we have to send back our insurance documents when we change cars? Never. They just lapse and the new insurance for the new vehicle takes effect.
2007-05-14 02:31:40 · answer #10 · answered by Anonymous · 3⤊ 1⤋
Why do you need to ask the question?????
If you have evidence that shows you didn't commit the offence then you can't be convicted of it.
Contact the Courts and a solicitor and explain the situation to them.
2007-05-14 14:20:13 · answer #11 · answered by Ian UK 6 · 0⤊ 0⤋