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Q.A friend of mine received a fixed penalty notice for not having a child in a booster seat, this has been duly paid. The PC took his insurance documents for checking. He has been informed (after he rang the PC) that his insurance document is invalid as Direct Debit payments weren't kept up. This may be partly due to moving house but appears to be an innocent error. For the offence of driving without insurance would he need to be told within 14 days of the offence that they intend to prosecute? The vehicle is not being used but is parked on a public highway, it has full tax and MOT. Is this Ok or does it need taking off the public highway?
| A.The requirement to give notice of intended proceedings only applies to certain specific motoring offenses of which driving without insurance is not one. It is an offense of strict liability which means he either had insurance or he did not. There is probably little alternative other than for him to plead guilty which he should do at the first opportunity and this with an apology and explanation should well mitigate the penalty. |
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