received a fixed penilty notice for no insurance

aka_shortie

kizkiz wrote: »

Perhaps they allowed him to leave it parked up and walk home? Not impossible.

Not very likely IMO, if that happened the minute the officers drove off, an unscrupulous person would just return to the vehicle and continue driving it. That is why seizures were introduced, as when left in possession of the vehicle, most continued to drive without insurance

Tilt

kizkiz wrote: »

Perhaps they allowed him to leave it parked up and walk home? Not impossible.
You will have to attend the police station and produce your documents within the 7 days. Explain the licence situation and that you are appealing. You will have a day at court and you can prove you were insured, so that will be fine

Perhaps the OP can confirm this? Unless the police establish that the car has insurance, then it cannot be 'parked up' on a public road. I'm not sure your advice is suitable. You could giving the OP possible false hope without knowing all the facts.

aka_shortie

kizkiz wrote: »

Only if the insurance firm were open at the time.
Given that they generally all open for enquiries between 9 and 5 monday to friday, that isn't really an option at 3am sunday morning

Bang on the money, can only be checked office hours lol

Tilt

kizkiz wrote: »

Only if the insurance firm were open at the time.
Given that they generally all open for enquiries between 9 and 5 monday to friday, that isn't really an option at 3am sunday morning

Sorry, I didn't notice the fact that the OP got stopped at 3am on a Sunday morning in his first post. In any event, how do you suppose that the police thought he wasn't insured then?

kizkiz

Tilt wrote: »

Perhaps the OP can confirm this? Unless the police establish that the car has insurance, then it cannot be 'parked up' on a public road. I'm not sure your advice is suitable. You could giving the OP possible false hope without knowing all the facts.

It was his friends car, as they swapped.
I rather suspect there was a policy in force

not sure what you are on about with false hope?
His insurance company say they will cover him, so he has nothing to worry about anyway?

kizkiz

Tilt wrote: »

Sorry, I didn't notice the fact that the OP got stopped at 3am on a Sunday morning in his first post. In any event, how do you suppose that the police thought he wasn't insured then?

The time was an example, not a fact

georgestar wrote: »

i so i looked at the faq on my insurance and it stated i am able to drive other cars third party. however in my policy document it says nothing
........ i contacted my insurance company and said they website is misleading they admited it is there fault and they will be sending out a letter to state i was insured at the time i was pulled over, .

This is wild speculation, but that makes it sound like his insurance policy was incorrect, and the company have admitted that to him.
In that case, when giving the VRM of his own to check on PNC it would have come back as not being allowed to drive other vehicles.

aka_shortie

Tilt wrote: »

In any event, how do you suppose that the police thought he wasn't insured then?

He was stopped for a traffic violation. The vehicle would have been checked on the police national computer / insurance database as a matter of course which would have shown a policy in place but him not named.

They could then check his vrm which would show he had insurance on his vehicle but not to driver other vehicles.

It a common misconception, a large proportion of people believe that if they have fully comp insurance, they are covered TPFT to drive any vehicle which is not the case, it must be specifically stated in the policy

kizkiz

aka_shortie wrote: »

Not very likely IMO, if that happened the minute the officers drove off, an unscrupulous person would just return to the vehicle and continue driving it. That is why seizures were introduced, as when left in possession of the vehicle, most continued to drive without insurance

Absolutely agree 99% of the time, but it is still down to discretion.
If i stop law abiding Mrs miggins driving her daughters car and she has made a mistake about being covered 3rd party on other cars as she is 102 years old and doesn't really understand,then i might just not seize her car too

I've spoken to the driver parked on their own driveway after seeing them driving there

The driver does not own the car, and it is normally used by a disabled owner who is screwed without it.

I've done all of the above, but still take the vast majority

aka_shortie

kizkiz wrote: »

Absolutely agree 99% of the time, but it is still down to discretion.
If i stop law abiding Mrs miggins driving her daughters car and she has made a mistake about being covered 3rd party on other cars as she is 102 years old and doesn't really understand,then i might just not seize her car too

I've spoken to the driver parked on their own driveway after seeing them driving there

The driver does not own the car, and it is normally used by a disabled owner who is screwed without it.

I've done all of the above, but still take the vast majority

Agreed, but its the exception to the rule and doesnt happen very often lol

Tilt

kizkiz wrote: »

It was his friends car, as they swapped.
I rather suspect there was a policy in force

not sure what you are on about with false hope?
His insurance company say they will cover him, so he has nothing to worry about anyway?

exactly; you SUSPECT. If the police issued a FPN for no insurance then it follows that the OP would not have been allowed to continue to drive unless he could prove he was insured at the time. The OP dosn't mention whether he was allowed to continue or not. If he was, then the police have not followed correct proceedure and as such POSSIBLY provides a defense fo the OP. (NOTE i use the word POSSIBLY which I always use before knowing all the facts of a case). The other issue her is the OP cannot produce his licence within the required 7 days. You state that he will be able to 'explain this away' in court. Do you think it is that simple? Why not suggest that the OP obtains proof from the DVLA that he has requested a new licence? In which case, it should arrive within around 48 hours so certainly in enough time to produce it at a police station.

Are you getting my drift here? There are issues here that don't all add up and without more information, I can't see how you can offer 'everything will be all right' advice.