permit use of vehicle with no insurance

aagill

Being taken to court by Herts Constabulary for
permit to use vehicle with no insurance.

I do not understand what the heck.

I did let a friend of mine (his Spaniard) to drive my car and he did exceeded a speed limit. No problem with it.
I have provided all his details, he wrote a letter as well
I to Herst Constablary explained that MY insurance covers ME, not my car.
It also covers ME to drive any other car with the owners permission.
So does HIS insurance, fully comp.
He has HIS insurance cover, he had MY permission to drive MY car.
They did not accepted this and taking me to court.

Prosecutor reference:
On 14/12/2010 at Hertfordshire permitted Antonio......... to use a motor vehicle on a road when there was not in force
in relation to that use such a policy of insurance or such a security in respect of third party risks as complied with requirements of Part VI of the Road Traffic Act 1988. Contrary to section 143(2) of the road Traffic Act 1988 and Schedule 2 to the road Traffic Offenders Act 1988.
This ofence carries penalty points.

Any advice would be greatly appreciated

Scooby_Doo.

aagill wrote: »

Being taken to court by Herts Constabulary for
permit to use vehicle with no insurance.

I do not understand what the heck.

I did let a friend of mine (his Spaniard) to drive my car and he did exceeded a speed limit. No problem with it.
I have provided all his details, he wrote a letter as well
I to Herst Constablary explained that MY insurance covers ME, not my car.
It also covers ME to drive any other car with the owners permission.
So does HIS insurance, fully comp.
He has HIS insurance cover, he had MY permission to drive MY car.
They did not accepted this and taking me to court.

Prosecutor reference:
On 14/12/2010 at Hertfordshire permitted Antonio......... to use a motor vehicle on a road when there was not in force
in relation to that use such a policy of insurance or such a security in respect of third party risks as complied with requirements of Part VI of the Road Traffic Act 1988. Contrary to section 143(2) of the road Traffic Act 1988 and Schedule 2 to the road Traffic Offenders Act 1988.
This ofence carries penalty points.

Any advice would be greatly appreciated

Did he have uk insurance?

aagill

No, but is it relevant?
I don't speak spanish but he claims his policy is valid here

They have asked for a copy of MY policy, they did not want his policy at all. ( I offered he could fax it or email a scan)
I have sent a letter and explained that my policy covers ME not my car,
they got a copy of my policy as requested and prosecuted me.

Scooby_Doo.

aagill wrote: »

No, but is it relevant?
I don't speak spanish but he claims his policy is valid here

Yes.

He claims wrong and you're looking at six points and a fine.

Outpost

aagill wrote: »

No, but is it relevant?
I don't speak spanish but he claims his policy is valid here

Judging by your opening post your English isn't too hot either.

Scooby_Doo.

So by the look of it the OP hasn't had sight of the insurance policy.

mrbadexample

Outpost wrote: »

Judging by your opening post your English isn't too hot either.

Very helpful. Have you considered that English might not be the OP's first language?

OP, I think you need a statement from Antonio's insurers, in English, confirming that he was insured by them for that journey in that vehicle.

Failing that, a copy of the Spanish insurance policy. Take that to court and hope to show that you believed insurance to be in force, and did not therefore knowingly permit the offence.

I'm not sure who would bear the responsibility for translating the document. The offence is for the police to prove, so it might fall to them. However, this could form part of the court costs if you are still found guilty. If you go down that route, you'd want to be pretty sure that what Antonio is telling you is 100% true.

Scooby_Doo.

mrbadexample wrote: »

Very helpful. Have you considered that English might not be the OP's first language?

OP, I think you need a statement from Antonio's insurers, in English, confirming that he was insured by them for that journey in that vehicle.

Failing that, a copy of the Spanish insurance policy. Take that to court and hope to show that you believed insurance to be in force, and did not therefore knowingly permit the offence.

I'm not sure who would bear the responsibility for translating the document. The offence is for the police to prove, so it might fall to them. However, this could form part of the court costs if you are still found guilty. If you go down that route, you'd want to be pretty sure that what Antonio is telling you is 100% true.

Get real, I bet Antonio has also been done for no insurance.

sebdangerfield

mrbadexample wrote: »

Very helpful. Have you considered that English might not be the OP's first language?

OP, I think you need a statement from Antonio's insurers, in English, confirming that he was insured by them for that journey in that vehicle.

Failing that, a copy of the Spanish insurance policy. Take that to court and hope to show that you believed insurance to be in force, and did not therefore knowingly permit the offence.

I'm not sure who would bear the responsibility for translating the document. The offence is for the police to prove, so it might fall to them. However, this could form part of the court costs if you are still found guilty. If you go down that route, you'd want to be pretty sure that what Antonio is telling you is 100% true.

This is an absolute offence, whether you knowingly committed it or did it unaware the offence is still complete so do not say this.

The offence isn't for the police to prove (it would be the CPS anyway, not the police), it's for the op to prove he didn't do it. The burden of proof lies with the defendant.

Get a lawyer, a road traffic one and don't listen to forums for legal advice.

Hammyman

aagill wrote: »

No, but is it relevant?

Hell yes.

I don't speak spanish but he claims his policy is valid here

For him to drive HIS car in the UK the same mine is for me to drive my car in Spain. There are very very few policies that allow someone to drive any car other in a foreign country. Driving other vehicles not owned by the policyholder isn't a condition that usually crosses borders.

I have sent a letter and explained that my policy covers ME not my car,
they got a copy of my policy as requested and prosecuted me.

Good luck getting off with this, you'll need it.

Just to add, the points are the same as if you'd been driving without insurance. Your next renewal quote after getting the points will be seriously high and likely to be until the points come off.

KillerWatt

mrbadexample wrote: »

I'm not sure who would bear the responsibility for translating the document.

The law is quite clear, the onus is on the owner to ensure that whoever they let drive is insured.

mrbadexample wrote: »

The offence is for the police to prove,

It's down to the CPS to prove, and that won't be too hard as the OP has already admitted on a public forum that they didn't actually see the insurance before they handed the keys over.