received a fixed penilty notice for no insurance

kizkiz

You keep talking about the op having a possible defence, but he has already stated that he was insured and has a letter stating this from his insurance company.
He asked about the driving licence issue and between us we have done a lot of rather pointless speculating. lol
I can tell you now that no police offier would stick someone on for no insurance and then let them drive away :rotfl:

Perhaps i was not as clear as i could have been, but thought it obvious if going to court he would produce some evidence from the DVLA concerning his licence (although he should have it back by then and would just need the proof of them having it during the 7 days)
This is a very common occurrence, and not something the courts won't have dealt with before.
As for DVLA sending things out within 48 hours :rotfl:....they really are totally incompetent, and getting anything quickly is like pulling teeth.

Tilt

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

There is no discretion. You are either insured or your'e not. What if 'law abiding' Mrs Miggins (aged 102 and still driving?) carried on driving (as the police didn't seize her car) because she 'doesn't really understand' and then knocked over and killed little Billy (age 6)? Sorry, but it just dosn't happen these days. The police have no discretion available in these matters. If they cannot confirm that the driver is insured at the time, then they should not allow them to continue to drive, By doing so, may mean that are allowing further offences to be commited and it is that reason I say that a defence MAY be available in respect of the FPN which was issued.

kizkiz

Tilt wrote: »

There is no discretion. You are either insured or your'e not. What if 'law abiding' Mrs Miggins (aged 102 and still driving?) carried on driving (as the police didn't seize her car) because she 'doesn't really understand' and then knocked over and killed little Billy (age 6)? Sorry, but it just dosn't happen these days. The police have no discretion available in these matters. If they cannot confirm that the driver is insured at the time, then they should not allow them to continue to drive, By doing so, may mean that are allowing further offences to be commited and it is that reason I say that a defence MAY be available in respect of the FPN which was issued.

TILT - please try reading what i wrote.
I was talking about seizing vehicles, not about letting people off for having no insurance. Two very different things

Tilt

kizkiz wrote: »

TILT - please try reading what i wrote.
I was talking about seizing vehicles, not about letting people off for having no insurance. Two very different things

Where have you (or I) said anything about 'letting people off' for having no insurance? The fact is that it usually follows that a vehicle will be seized unless the police can establish adequate insurance cover is in place at the time. One of the reasons for this has already been pointed out by someone else; to prevent the driver from committing further offences which is why the vehicle will not be left at the side of the road. Remember it is always the driver's responsibility to ensure he/she hasd adequate insurance cover for the vehicle they are driving. So I do not see how the two are 'very different things'. Obviously if the OP can provide proof that he was insured at the time then I would think that he will be ok in the respect of challenging the FPN. By the way, I myself had to request a repacement driving licence not long ago from the DVLA by phone. It arrived 3 days later.

birkee

Too many unanswered questions to this one.
Nobody has asked yet, whether the friend was insured to drive georgestar's car.
The car georgestar was driving also needs to be insured, regardless of insurance to drive third party, a car not owned by georgestar.

vaio

birkee wrote: »

......The car georgestar was driving also needs to be insured, regardless of insurance to drive third party, a car not owned by georgestar.

Nah, it depends on the policy, some DOC cover requires the other car to have insurance, other don't


As always, read the small print

kizkiz

Ok, so in the cold light of day, and having re-read the first post....

1. You need to speak to DVLA and confirm where your licence is. If it's not going to come back inside the 7 days, get them to send you a letter confirming that they have it
2. Go to the police station to produce your documents. If no licence, then take the letter and explain. Tell them you will be requesting a court hearing. Worth showing them the insurance company letter and asking them to include a copy on the HORT/2 (the person in the front office cannot cancel the ticket though)
3. Request a court hearing
4. Attend court with you evidence from the insurance company, your driving licence, and the DVLA evidence of your licence being with them during the 7 day period and explain what happened.

It might not even get this far if the traffic CJU (criminal justice unit) see your insurance letter when produced and check to find you were insured.

georgestar

thanks all, have spoket to the policeman he said if i can get the letter that stats i was insured at the time of getting arrested he will contact ticket office and get the penalty notice withdrawn (this letter better hurry up) as with regard to no licence he has checked on his system and is willing to let that go as long as i get another one asap,
they did not take the car they allowed me to park it and the owner picked it up later

i must say the policeman has been very helpfull and understanding

r.

Hammyman

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

If you allow her to continue to drive it, you need to be sacked.

peter_the_piper

I suggest that a pop on over, by the OP, to pepipoo.com and post in the speeding/criminal section and let the lawyer types on there give their views.