Bentley Insurance Mishap Glasgow JP Court

Kept Licence
Glasgow Sheriff Court and Justice of the Peace Court

Our client was a business man who had recently obtained his full driving licence and was subject to the new driver's provisions. He took his partner's Bentley Continental (nice) to a business meeting. He had been disqualified under the totting-up provisions by Liverpool Magistrate's Court for twice failing to provide the details of the driver in a minor speeding matter. This was simply because of an issue with receiving mail rather than any attempt to circumvent his statutory obligations.

Conscious that his ban was soon to end, he contacted DVLA to ask when his ban was up and was told that his licence was "in the post". He took this to mean that he was entitled to drive. He checked with his own insurer that there was cover in place to allow him to drive other vehicles with the consent of their owner and was told no but then told yes if he was over 25 years of age. What he had failed to appreciate was that as he was subject to the new driver's rules, the first 6 points endorsed upon his licence led to the revocation of his licence and the second 6 points invoked a totting-up disqualification for 6 months. The effect of this was that he was not only banned for 6 months but also until he passed his test as his entitlement had reverted to that of a provisional licence holder following revocation. 

It was a fairly complicated set of circumstances. He was charged with inter alia taking and driving without consent (for which there was no proof); driving without insurance; and driving otherwise than in accordance with a licence.

The most serious of the charges was taking without consent as this carries an 8 penalty point endorsement. We were able to persuade the Crown to drop that charge and a plea of guilty was tendered to the remaining charges. We further agreed with the Crown that we could make ex parte statements to the Court without the need for a full hearing on the issue of Special Reasons. Our submissions to the Court were upheld and our client received no penalty points in respect of the charge of driving without insurance and a modest 4 penalty point endorsement (in the range 3-6) for the licence charge. 

Our Mr Simpson dealt with this case at Glasgow JP Court on 17th May 2018.

 Kept Licence!



Published: 17/05/2018

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