driving uninsured - help/advise

crazy_house

Help please
I went out yesterday evening as we had run out off toilet rolls, I drove to Tesco express 5mins in car, parked next to traffic police, never even gave a 2nd thought, as I got out of car to go in store, the officer asked if I had 2mins & asked me to get in car.
He then asked me who car belonged too, which is my husband, he then informed me that there was no insurance details on mid, as I advised the officer yesterday, I have spent the last 8 weeks trying to get swintons to cancel the policy they auto renewed & issue back my money as I was insured with yes from 31/3/11.
So I have gone from having 2 insurance to 0 without my knowledge, I have been issued with a producer for my licence certificate of insurance & mot, to be produced within 7 days of yesterday, they also seized car & issued me with a seizure notice,
As any sane person would 1st thing I did upon getting back on bus & foot was go online to check what happening with yes insurance logged into self-care section for there to be an “EXCEPTION” policy for vehicle ......... ........ Has been cancelled on 24th may 2011.
What should I do, neither myself or my husband has asked for it to be cancelled I paid 1st payment by credit card which covered me for 2months & set direct debit up. They are not open due to long bank holiday so I can’t find out why it cancelled, by the time I speak to them Tuesday, 2dayshas passed of the 7days
Will I be charged with driving uninsured, if insurance has been cancelled in error? I ask because I asked my bank to cancel swintons direct debit and I again can’t do anything to check this until Tuesday, I have felt physically sick with worry since I got home & don’t know where to turn for help... so any advise/help you can offer will be really appreciated

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I have TWO valid uk certificates of motor insurance, I need to go produce my docs today because allowing time for public transport I will be at work while station I got to go to open, Should I take both of them, I cant get in touch with either company until tuesday...

Am I correct in saying the RTA road traffic act has to be read or sent in writing allow 7days notice for company to cancel individuals insurance or has this changed. neither company has made any contact with me, but for 8weeks i been contacting swintons asking for my money back providing proof of dual insurance and they still hadn't done it on 25/5/11, but as per officer last night car uninsured, I just want my boring old life back, and to never have to deal with police again.

alastairq

I've PM'd you with a recommendation

vax2002

Who has the certificate or cover note , if you have it do not let it out of your sight, You have been asked to produce the certificate, its a legal document and can not be easily destroyed or revoked.
as far as you are aware you were insured at the time of the offence, nobody has notified you other wise. You are Not guilty of the offence Driving with no insurance and must plead so in court.
Do not do the prosecutions Job for them by digging what has happened, let them do that.
You may be found guilty at the "guilty court" which is a magistrates as that's what they are their to do, however your appeal will probably succeed if what you are saying is the truth.

Wig

First thing to do, is to get your car back ASAP without extra storage costs. You have to go to the storage yard ASAP (not sure if you have to show the police the insurance first to get authorised release.

As you don't have insurance -or allegedly don't- you might want to ask the police if somone else with comprehensive insurance which allows driving other cars will be allowed to drive your car away from the storage yard? And do you have to get any release papers from the police station before going to the storage yard?

You will need to ensure that your friends policy does allow driving other cars but does not have the exclusion "the other car must also have a policy of insurance covering it" You will find this information in the policy book under "third party liabilities".

Storage charges will be charged daily from noon the day after seizure - from the first day the yard is open before noon. These places are often 24/7 so you will have already incurred 1 day storage, if they are not open on Sunday, I don't know if they can charge storage for Sunday. If you can pick the car up before noon on any day you will not be charged storage for that day, only up until & including the day before.

You should pphone the storage yard and find out their opening hours, whilst you are on the phone you might ask them if you need a relases from the police to get the car out or just valid insurance docs. I imagine it must be that a police release is required.

The charges are quite steep like £20 a day so you need to get on this, there will also be a towing fee of about £185

alastairq

You may need to obtain a ''release'' from the Police station.

be aware, that when going to the place of storage, they may not 'accept' credit or debit cards.....so think in terms of cash or cheque.

vax2002

Wig wrote: »

First thing to do, is to get your car back ASAP without extra storage costs. You have to go to the storage yard ASAP (not sure if you have to show the police the insurance first to get authorised release.

As you don't have insurance -or allegedly don't- you might want to ask the police if somone else with comprehensive insurance which allows driving other cars will be allowed to drive your car away from the storage yard? And do you have to get any release papers from the police station before going to the storage yard?

You will need to ensure that your friends policy does allow driving other cars but does not have the exclusion "the other car must also have a policy of insurance covering it" You will find this information in the policy book under "third party liabilities".

Storage charges will be charged daily from noon the day after seizure - from the first day the yard is open before noon. These places are often 24/7 so you will have already incurred 1 day storage, if they are not open on Sunday, I don't know if they can charge storage for Sunday. If you can pick the car up before noon on any day you will not be charged storage for that day, only up until & including the day before.

You should pphone the storage yard and find out their opening hours, whilst you are on the phone you might ask them if you need a relases from the police to get the car out or just valid insurance docs. I imagine it must be that a police release is required.

The charges are quite steep like £20 a day so you need to get on this, there will also be a towing fee of about £185

The police will only allow release with a certificate with the car registration printed upon it, which they may already have. as no body has informed them it is not valid

vax2002

A case has been tried on appeal in the Bradford Crown courts last year and a ruling that the police can not legally remove, impound a vehicle if the owner is in possession of a valid insurance certificate that they have had no notification has been revoked, that details held on a computer website however accurate or in accurate are not sufficient evidence to cause loss or penalty, that a valid insurance certificate is a legal document and remains valid until it is either, destroyed or revoked by writing by the person who's signature is bonded to the certificate issued.
That the police are wholly responsible for any loss/ losses caused by doing so in acting outside relevant legislation.
That the vehicle must be returned to the registered keeper without delay, cost or exception.
F****** VS West Yorkshire police

A Very expensive lesson in making up your own laws for the police.

crazy_house

the seizure notice states £150.00 charge then £20 per day, The office said yesterday that the £20 fee would NOT be charged over bank holiday weekend, My husband needs the car for work,tuesday morning, no car, no work, no money.... thank you for advice you have provided, we are now looking into my hubby's uncle moving it for us, thats if police allow it.

I feel like a babe because its not the sort of thing that happens to us.

thank you

pompeyfaith

I have had a similar problem and they will not release the car until you have proved to the police it was insured to cover the driver.

As unjust as this is as there are many insured drivers out there that do not show as such on the MID database I was stopped the day after one policy ran out but because it was a continuous policy I was insured as the new policy started staight after, but because the cert had not arrived from ireland and that the MID had removed my vehicle from the database I successfully sued the MID for my costs.

Now before I drive I always login to Mid and check my vehicle is there and shows as insured that takes 2 mins at most and can safe a massive headache.

You can check your own vehicle here for free

http://www.askmid.com/

pompeyfaith

Vax I do not believe that the police are responsable as they are doing there job and keeping uninsured drivers of the road which is what we all want.

That is what the judge in my case told me and the police where vindicated as I took them and MID to court the judge did say however that as my insurance was a continuous policy (like many are these days) and that I had not cancelled it and made my first monthly payment the Mid where wholly responsable.

If anyone is to blame it is the insurers and the MID as they have removed the vehicle from that database so it is they you go after to recover the money it has cost.

I do belive though as situations like these do happen the police should show more caution before impounding a vehicle.

vax2002

pompeyfaith wrote: »

Vax I do not believe that the police are responsable as they are doing there job and keeping uninsured drivers of the road which is what we all want.

If anyone is to blame it is the insurers and the MID as they have removed the vehicle from that database so it is they you go after to recover the money it has cost.

The courts thought of it a bit differently, the simple truth is a lot of innocent people are getting caught up and suffering badly because the police are trying to change the law themselves by insisting that a car has insurance held upon it.
Unfortunately you can not insure a car on a private policy, you can only insure yourself to drive it, whilst they may catch many uninsured drivers. innocent people are getting caught up and virtually having their lives destroyed because their car is not in some silly website, police have even been known and seen on TV trying to get insurance companies to cancel peoples insurance at the road side so they can grab a few brownie points and earn some fine money for the office they serve.
An insurance certificate is a valid legal contract which you are under no duty to carry with you, although it is very good advice theses days.
We forget, the police have 2 jobs, they are to uphold the Law of the Land and to collect fines and forfeitures for breach of statutes for their office of employment, do a credit check on your local police, you may be astonished to find they are a registered trading company.
This is Bad Law, the whole insurance industry is been used to mug is over a barrel and now the police are cashing in on the act.
3rd party insurance could be made a simple part of the vehicle excise licence with the option to buy extra cover, as it is in many other civilised countries around the world, its just we have a fascination with large corporations ripping us off, something to do with allowing MP's to have extra "jobs" ..