No Insurance

foxxylady_2

HI, I dont know if this is in the correct place, so feel free to move it.



I am after some advise. My brother was pulled over by the Police this afternoon:mad:
The problem is that he was not Insured and had no Tax on the car:eek:
The thing is he needs his licence for work, and he dosent want to loss it.The car was impounded and is going to be crushed, but hes not realy bothered about that at the moment.


The advise I am after is basicaly what can he do? and (even though he broke the law) what rights does he have? if any?



Thank you for any help.

Bossyboots

I know he's your brother but I'm a bit flabbergasted by your post. You use and angry smilie after saying he was pulled over by the police, like he should be immune from this. Then you want to know what rights he has. What about the rights of other road users who are paying for their insurance and tax?

I can never understand people who need their cars for work committing offences that can lose them their licence or vehicle.

There was a programme on the tv the other week about the zero tolerance applied to drivers with no insurance or tax in Hampshire. This was that their vehicle was impounded and daily storage fee charged. At the end of 14 days the vehicle was crushed if the car was not reclaimed and the fees paid. Or the owner could sign the car over for crushing then and there. The upshot is, that he has no rights. He either pays for return of his vehicle and buys his insurance and tax or forgets about driving.

It also appears that you are saying he is not bothered about the car, just his licence. This implies that he will just get another car and doubtless commit the same offences. If this is his first offence, he probably won't lose his licence. He should however expect his local police to be on the watch out for him and to stop him as soon as he is back on the road. If he commits the same offence again, he will lose the next car as well. Eventually, he will lose his licence.

If it was my brother, he would have received a strong telling off, not help to assert "his rights".

I make no apologies if that all sounds harsh. He should be grateful he has not caused an accident while driving uninsured and take this as a wake up call.

Mishy

Bossyboots wrote:

I know he's your brother but I'm a bit flabbergasted by your post. You use and angry smilie after saying he was pulled over by the police, like he should be immune from this. Then you want to know what rights he has. What about the rights of other road users who are paying for their insurance and tax?

I can never understand people who need their cars for work committing offences that can lose them their licence or vehicle.

There was a programme on the tv the other week about the zero tolerance applied to drivers with no insurance or tax in Hampshire. This was that their vehicle was impounded and daily storage fee charged. At the end of 14 days the vehicle was crushed if the car was not reclaimed and the fees paid. Or the owner could sign the car over for crushing then and there. The upshot is, that he has no rights. He either pays for return of his vehicle and buys his insurance and tax or forgets about driving.

It also appears that you are saying he is not bothered about the car, just his licence. This implies that he will just get another car and doubtless commit the same offences. If this is his first offence, he probably won't lose his licence. He should however expect his local police to be on the watch out for him and to stop him as soon as he is back on the road. If he commits the same offence again, he will lose the next car as well. Eventually, he will lose his licence.

If it was my brother, he would have received a strong telling off, not help to assert "his rights".

I make no apologies if that all sounds harsh. He should be grateful he has not caused an accident while driving uninsured and take this as a wake up call.

I couldn't agree more

Why should people that keep there cars fully taxed and insured have to pay for narrow minded people that think it's okay to not pay.

I'm sorry but I'm glad the police stop your brother maybe he will think about what he's doing before driving a car next time?

JBsplit

i think in reality he will get 6 points and a small fine if he pleeds guilty, thats why people dont bother with insurance because the fine (even if you get caught) is far less than the insurance anyway. its all wrong i know and i dont in anyway support this thought but unforunatly thats what happens. bossybooots makes the point what if he had killed someone....very true.

foxxylady_2

Thank you bossboots.

Sorry I just reread my post and I have got myself across all wrong (silly hubby demanding on being fed :rolleyes: )

I am in no way condoning his actions and I am utterly outraged that he has been so stupid (thats what the angry smile was for )

What I meant to ask was what can he do to get the car back? and what sort of court action will he face?

I have offered to help sort out some insurance so that would be sorted when he gets a new car (it on the condition that he faces up to it all)

Thank you and sorry for the missunderstanding of my post

cheekymole

I sympathise with you foxxylady but I would let him sort it out. If you bail him out he will never learn his lesson

foxxylady_2

JBsplit wrote:

i think in reality he will get 6 points and a small fine if he pleeds guilty, thats why people dont bother with insurance because the fine (even if you get caught) is far less than the insurance anyway. its all wrong i know and i dont in anyway support this thought but unforunatly thats what happens. bossybooots makes the point what if he had killed someone....very true.

Well if that is all he will get I am very disapointed in our justice system. I was hoping for more than that, that way he may see the wrong in his actions.

Thank you all, for your replys.

Bossyboots

Fair enough. Those blasted hubby's expecting feeding, who do they think they are?

Going by what I saw on the programme, to get the car back he will need to pay the removal fee (it was £115 on that) plus the daily storage charge until the day the car is collected. If I recall correctly, then he will also have to produce an insurance document and of course the tax to be allowed to drive it away.

He will receive a summons for the offences. Provided his licence is currently clean, he will be able to plead guilty by post. As he was caught in a zero tolerance area, I agree that he will get 6 points and a fine. I am not entirely convinced the fine will be small but it will depend on his income. There will be a form to state income with the summons.

I hope he appreciates the help you are giving him.

foxxylady_2

Bossyboots wrote:

Fair enough. Those blasted hubby's expecting feeding, who do they think they are?

Going by what I saw on the programme, to get the car back he will need to pay the removal fee (it was £115 on that) plus the daily storage charge until the day the car is collected. If I recall correctly, then he will also have to produce an insurance document and of course the tax to be allowed to drive it away.

He will receive a summons for the offences. Provided his licence is currently clean, he will be able to plead guilty by post. As he was caught in a zero tolerance area, I agree that he will get 6 points and a fine. I am not entirely convinced the fine will be small but it will depend on his income. There will be a form to state income with the summons.

I hope he appreciates the help you are giving him.

I have just spoken to him and he has signed the car over, so he will at least not have to pay for the storage costs.

He currently has 3 points on his licence for speeding, but other than that it has been clear from day one and has never been in trouble before (being car or other)

Bossyboots

foxxylady wrote:

I have just spoken to him and he has signed the car over, so he will at least not have to pay for the storage costs.

He currently has 3 points on his licence for speeding, but other than that it has been clear from day one and has never been in trouble before (being car or other)

I am sure that 6 is the maximum points he can get which will take him to 9. If he commits another offence with those on his licence, he will lose it unless he can show exceptional circumstances why he shouldn't. You can only use an exceptional argument once and if that worked, he would be given sufficient points to ensure that if he offended again he would lose his licence. So hopefully this will be a kick up his backside to obey the rules of the road. The three speeding points will of course come off at some stage so he might have a period of grace but lets hope he has learnt a lesson. Even with six points on his licence, if he commits another six point offence he would be disqualified and it is harder to win an exceptional hardship argument when the points are cranked up on more serious offences rather than accumulating for, say, a series of speeding summonses (bad enough, but not as serious as other offences in terms of how punishment is dealt).

foxxylady_2

Bossyboots wrote:

I am sure that 6 is the maximum points he can get which will take him to 9. If he commits another offence with those on his licence, he will lose it unless he can show exceptional circumstances why he shouldn't. You can only use an exceptional argument once and if that worked, he would be given sufficient points to ensure that if he offended again he would lose his licence. So hopefully this will be a kick up his backside to obey the rules of the road. The three speeding points will of course come off at some stage so he might have a period of grace but lets hope he has learnt a lesson. Even with six points on his licence, if he commits another six point offence he would be disqualified and it is harder to win an exceptional hardship argument when the points are cranked up on more serious offences rather than accumulating for, say, a series of speeding summonses (bad enough, but not as serious as other offences in terms of how punishment is dealt).

Thank you very much, Im sure that this will be a kick in the right place for him.