points on license

[chippy-john]

does anyone no if you can appeal against points put on by police if so how

[Loosehead]

The police do not put points on licences.

Yes you can appeal against a conviction, generally it must be done shortly after the Guilty verdict, assuming of course you pleaded not guilty in the first place.

Perhaps if you give us more detail about the curcumstances we may be able to help more.

[chippy-john]

Should have given more detail a friend had an accident was insured fuuly comp. vehicle was trashed he asked insurance company to suspend or cancel and refund rest of policy. they refused either so he presumed himself still insured but was stopped by police while driving an insurance company said he was no longer insured. so he got 6 points on license. he wants to no if he can appeal.

[Loosehead]

He pleaded guilty in court right? no appeal

If he pleaded not guilty and there was some ambiguity as to whether he was actually insured then maybe. Generally though insurance or not is absolute, if he had evidence that he was insured then he should have pleaded not guilty and produced it.

Norman will be along soon to enlighten us about the evils of driving with no insurance.

[New Judge]

It is not clear from your question whether a claim for a total loss was made following the vehicle being �trashed�. If a total loss payout was made the policy is cancelled and no refund is due (even if it just one day old).

If this happened your friend would have needed to take out a new policy to continue driving any vehicle.

As Loosehead has said, an appeal against conviction cannot be made following a guity plea. Your friend can ask to have the case reopened and change his plea, but magistrates will need to be sure that something significant has changed since the original conviction. He can appeal against the sentence imposed, but as six points is the minimum magistrates have to award for no insurance success is unlikely.

If he pleaded not guilty to no insurance but was found guilty following a trial he can appeal against his conviction and/or sentence but this must be done within 21 days of the trial.

[chippy-john]

he has not been to court its a mandatory 6 points as far as i no

thank you for your interest

[New Judge]

Nothing is mandatory if you are found not guilty.

I'n not aware of any areas where fixed penalties are applied for No Insurance. Even if such a scheme is operated, as with speeding fixed penalties you can decline the offer and opt for a court appearance. There you can plead not guilty, or guilty with mitigation. (You vcan do neither of these if you accept a fixed penalty).

Your friend needs to establish whether he believes he is guilty or not and take the appropriate action.

[Loosehead]

as the judge says you can plead not guilty to anything. The police are not judge and jury.

[Yorkie580]

6 point Fixed Penalty Notices are in use now - I know that they are used extensively in the Met.

If he accepts the points and pays the fine then he's stuck. If he hasn't, he needs to request a court hearing. Either way he needs to decide withinh 28 days of the issue of the "ticket" being issued.