Insurance problem

Car_54

wgl2014 wrote: »

What stage are things at? Were you given a penalty notice or told you were being reported?

Neither is needed for an insurance offence.

Warwick_Hunt

Car_54 wrote: »

Neither is needed for an insurance offence.

So other than being charged at a police station how would they get you to court?

Car_54

Warwick_Hunt wrote: »

So other than being charged at a police station how would they get you to court?

A summons. Failing that, an arrest warrant.

Warwick_Hunt

Car_54 wrote: »

A summons. Failing that, an arrest warrant.

And to raise a summons they defendant is first reported.

the_sherrif

Hi all,thanks for all replies here is an update of the outcome of my post.On Thursday I received a letter from the procurator fiscal.In law I could’ve been taken to court but due to the circumstances they have decided a warning would be enough.If I accept the warning by not replying to the letter within a month then that is the end of the matter.To say I’m delighted is an understatement and obviously I’m accepting it.No penalty points or any other endorsements so in this case I must say common sense has prevailed.

IamNotAllowedToUseMyName

the_sherrif wrote: »

Hi all,thanks for all replies here is an update of the outcome of my post.On Thursday I received a letter from the procurator fiscal.In law I could’ve been taken to court but due to the circumstances they have decided a warning would be enough.If I accept the warning by not replying to the letter within a month then that is the end of the matter.To say I’m delighted is an understatement and obviously I’m accepting it.No penalty points or any other endorsements so in this case I must say common sense has prevailed.

What does a warning mean? It appears to be similar to a caution in England and Wales and counts as a conviction.

Before accepting a warning I would check with a Scottish solicitor as to the implications. As other people have observed, you have a valid defence so should not need to accept the warning. The danger is that you think that the court is intimidating and therefore accept the warning. You then effectively have a criminal record and you also will need to report this to your personal insurance.

However, I am not familiar with the status of warnings in Scotland, so I strongly recommend you seek proper advice before thinking that a warning is as simple as a note not to do it again.

[Edit]PS I've asked the question on Pepipoo to see what people think there.

the_sherrif

The letter was pretty clear basically it said although in the eyes of the law I had committed 2 road traffic offences due to the circumstances they would go down the road of a warning.It explained if accepted there would be no further action taken and no record would be taken with no black marks either on my license or against me.Warnings are common up here(Scotland)for all sorts of offences and are generally given for minor offences with no stain on the persons character.

Joe_Horner

^^^ What Ian says.

CHECK what they mean by a warning and whether it's the same as a caution south of the border. Accepting a caution in E&W is an admission of guilt and goes on your record as such. You are NOT guilty (see the statutory defence linked above) and they know it.

It looks like a recorded police warning isn't a finding of guilt but IS recorded on your criminal history for 2 years:

https://www.askthe.scottish.police.uk/content/Q927.htm

Speak to a Scottish solicitor about exactly what a "warning" means before replying to them either way.

trigger_fish

This 'warning' needs further inspection.

If its meaningless then why issue it.

wgl2014

https://www.askthe.scottish.police.uk/content/Q562.htm