Driving without insurance

HO87

Stigy wrote: »

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.

A fair point, but it will have very much depended on where the stop took place; the day of the week and the time of day and whether the officer was in a position to contact the MIB. As is becoming more widely known the MIB database is not entirely reliable and, for example, in the face of apparent genuine protestations an officer may exercise his discretion and chose to issue a HORT/1 as opposed to seizing the vehicle/reporting or issuing a EFPN.

As for the disposition, at court, endorsement is mandatory with the minimum of 6 points (could go up to 8) and a fine in the range of 125-175% of "relevant weekly income" which means wage/salary minus tax and NI - no other deductions are considered. The starting point is at 150% of RWI. A discretionary ban in these circumstances is unlikely.

The fact that the imposition of 6 points will take her to 12 will mean that she is liable to a 6-month totting ban. The fact that the other points (assuming that they are still current) were for speeding is irrelevant but may mean the court is somewhat more lenient in terms iof any ban they impose.

If there are mitigating facts the court should consider - the depression if it has been formally diagnosed may well help - but if she is to avoid a ban of any length or at all then she will have to show that being disqualified will cause exceptional hardship - and not necessarily to her but to those around her and those who rely upon her.

Arg

Stigy wrote: »

It's strange that the Insurance wasn't checked at the road side, as it's fairly easy to do these days.

The database used to check insurance is faulty which has led to many innocent moterists cars been taken away perhaps that's why.

Incyder

Strange isn't it, if this were a case involving an 18 year old with 2 speedings and no insurance people would be calling for the proverbial book to be chucked at him, but an old lady with a disabled husband and its fine, poor old forgetful luvvy.

I'm with freddy snowbits here, ban the bint. I don't need to be sharing a road with her thanks and I don't expect you to either.

Lets hope her insurance quotes after the ban are so massive due to being banned and the 2 speedings and the no insurance conviction and having insurance cancelled that she never gets behind the wheel again.

KillerWatt

Freddie_Snowbits wrote: »

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

If you are ever misfortunate enough to suffer mental health issues and lose your grip for while, let's you hope you don't get someone with as caring an attitude as your's eh.


@ homeworkgirl,

Most likely scenario for your friend is 6 points and a fine that will be based on her financial income.
Although 12 points should equal a ban, it isn't written in stone.
If she can prove that hardship will ensue if her license is withdrawn, the court do have the power NOT to disqualify even though they have just issued the points that should lead to a ban.

I personally think your friend stands a good chance of keeping her license given the underlying circumstances and her otherwise unblemished driving record (speeding is nothing).

alastairq

hi....the OP's friend will have to attend Court....since, under the totting-up procedure, there is a likelihood of a ban being imposed.

With this in mind, the OP's friend needs to make arrangements for travel to and from the Court.

Bearing in mind the OP's friend drives a disabled partner, this fact may be submitted in mitigation against an actual driving ban.

Don't forget to take along all evidence relating to this mitigation....ie proof of disability, etc.

The points will still be imposed, however.

Regarding the fine?

There is some latitude open to the magistrates...much will depend upon the circumstances surrounding the day of the offence.

The level of fine will also be based upon the 'ability to pay'...

In which case, a full 'statement of affairs' needs to be presented to the Court.

There is no need to obtain the services of a solicitor in advance....the OP can/should attend in person, anyway...and can speak for themselves.... the Court Officials will assist, and ensure the individual is not disadvantaged.

Alternatively, there are duty solicitors at Court who will be pleased to quickly sort out mitigation....for a lost less cost than hiring a Solicitor beforehand....just ask an Usher to point them out to you.

Regarding the debt situation?

An appointment with a concern like CAB will start the ball rolling, and get the debt issue sorted one way or the other.

Once the debt issue is sorted, the OP's friend may well find life a lot less depressing...

taffy056

Incyder wrote: »

Strange isn't it, if this were a case involving an 18 year old with 2 speedings and no insurance people would be calling for the proverbial book to be chucked at him, but an old lady with a disabled husband and its fine, poor old forgetful luvvy.

I'm with freddy snowbits here, ban the bint. I don't need to be sharing a road with her thanks and I don't expect you to either.

Lets hope her insurance quotes after the ban are so massive due to being banned and the 2 speedings and the no insurance conviction and having insurance cancelled that she never gets behind the wheel again.

Thing is no matter what your morals are you should bare in mind what Martin Lewis says below

I didn't set up MSE to be personally judgemental, but to help people whatever their circumstances.

So if you can't offer advice don't bother replying, if you want to offer criticism try doing it constructively instead of your diaribe above!

patman99

The OP did not state how long ago each speeding offence occurred. It could well be that at least one happened over 3 years ago, in which case she will only have 9 points under the totting-up. Therefore no ban.

taffy056

patman99 wrote: »

The OP did not state how long ago each speeding offence occurred. It could well be that at least one happened over 3 years ago, in which case she will only have 9 points under the totting-up. Therefore no ban.

The OP mentions two speeding offences last year I am afraid

fadetogrey

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.

I wish your friend all the best but from what I see in the papers "undue hardship" is the reserve of third rate models,actors and footballers.

sharpy2010

It isn't MY friend, I was merely posting some help for the OP :-)