Driving without insurance

homeworkgirl

My friend was stopped by the police when driving home late this evening as they could not trace her motor insurance. They cautioned her and gave her 7 days to produce proof of her insurance to the local police station. She phoned me just now in a real state as she had been up until now looking for her insurance documents and found to her horror that her insurance had been cancelled by the company 6mths ago due to problems with her direct debits. She had been going through a depressive stage and had not been opening her letters due to debt problems which she couldnt face and has only now found out that the companyhad cancelled her policy. She is beside herself with worry wondering what is going to happen to her, will she be sent to prison etc. as she already has 6 points on her licence and the police said she would get at least another 6. Are we right in thinking that if you have 12 points you get an automatic ban?

Does anyone know what is likely to happen please? Until now she has had a very good driving record for about 30 years until she had two speeding offences last year. She really needs her car as she drives her disabled husband everywhere.

She is well aware that she has made a big mistake and has to pay for it but can anyone give her a clue where she stands?

Many thanks.

sharpy2010

Firstly, this is a wakeup call she desperately needs to heed. The time for hiding has finished, and she must "man-up" and become responsible for her actions and stop hiding.

That said, this isn't likely to be as bad for her as she thinks. It is VERY unlikely that she will go to prison, generally what happens is that a fine and points are issued. How many, and how much, depends on her solicitor. If she can't afford one, she can represent herself in court, which although isn't pleasant to do, it can be done. If she chooses to represent herself, she should go to a Citizens Advice Bureaux for exactly that; some advice.

As a side issue, she can inform the court with regards to her disabled husband, and plead "undue hardship". This is where the person who goes to court claims that if their driving licence was to be taken away, others would suffer exceptionally, which does seem to be the case here.

Finally, it may well be worth posting the same questions at http://forums.pepipoo.com/ where people will be much better versed with correct information.

All the best.

Fergie76

sharpy2010 wrote: »

Firstly, this is a wakeup call she desperately needs to heed. The time for hiding has finished, and she must "man-up" and become responsible for her actions and stop hiding.

That said, this isn't likely to be as bad for her as she thinks. It is VERY unlikely that she will go to prison, generally what happens is that a fine and points are issued. How many, and how much, depends on her solicitor. If she can't afford one, she can represent herself in court, which although isn't pleasant to do, it can be done. If she chooses to represent herself, she should go to a Citizens Advice Bureaux for exactly that; some advice.

As a side issue, she can inform the court with regards to her disabled husband, and plead "undue hardship". This is where the person who goes to court claims that if their driving licence was to be taken away, others would suffer exceptionally, which does seem to be the case here.

Finally, it may well be worth posting the same questions at http://forums.pepipoo.com/ where people will be much better versed with correct information.

All the best.

You can't beat trying to scare people.

Your friend will NOT go to prison. First offence of driving with no insurance, if it goes to court, usually carries 6-8 points and a fine.

A lot of police forces issue fixed penalty notices for first offences of 6 points and a £200 fine.

If I was your friend I would go to the police station where I was meant to report to with insurance certificate and explain. She is going to get minimum 6 points, so there is not point in delaying it.

I'm not sure if it is only roadside police that can issue the fixed penalties or not. Obviously, this would be the best option for your friend, although if they already have points on their licence can, they can be looking at a ban under the toting up procedure.

http://www.drivingban.co.uk/drivingban/drivingwithoutinsurance.htm
I have been stopped by the Police for driving without insurance. Do I face a driving ban?

Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences.
For first offences, the Court would normally impose between 6 and 8 penalty points, but no ban.
There will also be a fine which will vary depending on the circumstances and whether the Defendant was using the vehicle themselves or permitting another person to use the vehicle.


Can I receive a Fixed Penalty for driving with no insurance?

Yes. Many Police forces issue a Fixed Penalty Notice of 6 points and £200 fine.

System

The big problem, even if the person manages to keep their licence is that insurance is going to be very expensive both because of the points AND the fact that she has had insurance cancelled.

taffy056

But this is not her first offence as she has six points already, it could be her 2nd or 3rd one, think she's got to face the prospect of a ban unless the mitigating circumstances she has will help.

Fergie76

taffy056 wrote: »

But this is not her first offence as she has six points already, it could be her 2nd or 3rd one, think she's got to face the prospect of a ban unless the mitigating circumstances she has will help.

Yeah, but it's the first offence of driving without insurance.

The other two offences were for speeding, but I agree she is looking at a ban under the toting up process.

Scooby_Doo.

If she gets another 6 points taking her up to 12, she faces a 6 month disqualification from driving. She can of course keep her licence is she can show someone else will suffer extreme hardship if she is banne.

Freddie_Snowbits

Good, that will be an uninsured driver off the road for a while.

taffy056

Freddie_Snowbits wrote: »

Good, that will be an uninsured driver off the road for a while.

You again trolling on here and offering nothing to a thread

redbull5

Ok.

Firstly your friend has to wake up. No point in hiding from debt and not opening letters and there could be alot more Direct debits that could be cancelled that she doesn't know about.

Also, she will get 6 point and a £200 fine. If i were her i would decline the Fixed penalty from the police and take it to court. Obviously she has no defence and there is 2 police witnesses and she has probably admitted it under caution.

BUT

If it goes to court she can explain the situation to them and tell them about how she cares for her disabled husband and needs to be able to drive. Also mention the point that she has been in depression and has financial difficulties. The court normally cares for these circumstance so you can plead for 5 points and maybe a £400 fine. Although the fine is doubled you will get less points and wont get banned. Also with these sorts of things you can offer to take a driving course or pass plus etc to improve her driving.

It all depends how much you need your licence and how much you want to fight for it. Its easily do-able.

Hope i have helped.

Stigy

It's strange that the Insurance wasn't checked at the road side, as it's fairly easy to do these days. Most producers occured before the PNC started to hold all the details of the vehicle and driver etc. Typically if reported for having no insurance as will more than likely be this case (although a FPN can be issued some time the offence I believe) the driver will go to court and get 6 - 8 points and a hefty fine.