Pulled over for driving with no insurance...

GirlfromLondon

Thank you for your responses.

While I know it's no excuse, sister had just missed a letter about the policy being cancelled and not noticed direct debit stopping... I will talk to her about vouching for me in court as I think she'd be willing to do so.

Does anyone have any idea of the maximum fine if I challenged in court and failed?

Thanks again for all your help! Nightmare!

dt3887

Op, firstly, slap your sister. you can almost guarantee that the insurance company would have sent her a recorded delivery letter saying policy was being cancelled.
the other worrying thig, has she been driving the car since may was it?

i did have an issue a couple of years ago when i was driving the MILs car (i asked the insurance if i could and they said i could), got stopped and the cops said i wasnt insured, they called the insurance aswell who said i wasnt covered, and done me for no insurance. i elected for hearing. all solicitors i spoke to told me i had no way of not being done, but plead guilt with special circumstance.
went to court, represented myself, and the judge threw out my please and told me while yes i had commited the offence, given the circs, he was not prepared to prosecute me for it. walked out with my clean licence, and a lesson learned. it DID take a lot of work to build my case, including getting my policy docs, trying to get the call recording from the insurance company (which convienently was lost) as well as written statements from the MIL, and various other people that were with me.

it is very hard and very stressfull to sort out, but it IS do able.

if you sister is 100% positive she recieved no notification of the policy being cancelled, having her swear on oath that she didnt recieve it and therefore was under the impression of being insured.

as for the people saying about being 100% positive before driving, the only way of doing that, would be to phone the insurance company EVERY time you are about to drive... how many of you do that?

Happychappy

bigbulldog wrote: »

Get her to pay the fine your going to get.

also...you say "as to my absolute knowledge the car was insured"I wonder how many times has that been said to the police.

Normally it starts "Misteh, me swear on me babeez life, it wer inzured, I ain't lyin, no way" :rotfl:

maninthestreet

www.askmid.com can be used to check if an insurance policy is in place for a car.

neilmcl

robpw2 wrote: »

why do people assume when driving cars?
you shouldnt get in a car unless your 100% sure your insured

As far as the OP was concerned she was 100% sure, her sister told her so. What else do you want her to do, ask to see her sister's policy docs every time she wants to use the car, and even in this case that wouldn't have thrown up anything!

As other's have suggested go to court and mitigate.

Foxy-Stoat_3

Have you got a motor insurance policy in your own name? You may have driving other car extension, depending on the wording in your policy document. Worth a look.

Aretnap

The maximum fine for no insurance is £5000, but in practice fines are means-tested so there's no chance of getting a fine anywhere near the maximum unless you're seriously rich. The usual fine is in the region of one and a half times your weekly post-tax income, which would then be reduced by a third for a guilty plea - so about your weekly take home pay. If the magistrates do find special reasons not to endorse they would probably also reduce the fine substantially, or give you a conditional or absolute discharge (ie no penalty at all).

HappyMJ

GirlfromLondon wrote: »

Thank you for your responses.

While I know it's no excuse, sister had just missed a letter about the policy being cancelled and not noticed direct debit stopping... I will talk to her about vouching for me in court as I think she'd be willing to do so.

Does anyone have any idea of the maximum fine if I challenged in court and failed?

Thanks again for all your help! Nightmare!

The maximum fine is thousands possibly even a 12 month disqualification...however you won't get that. You have mitigating factors which will mean you will get a fine of probably £200 plus court costs whatever they come to plus victim surcharge of £15. The sentencing guidelines state that your licence must be endorsed with 6 points if found guilty but they also say consider a reduction for an early guilty plea.

Sgt_Pepper_2

HappyMJ wrote: »

The maximum fine is thousands possibly even a 12 month disqualification...however you won't get that. You have mitigating factors which will mean you will get a fine of probably £200 plus court costs whatever they come to plus victim surcharge of £15. The sentencing guidelines state that your licence must be endorsed with 6 points if found guilty but they also say consider a reduction for an early guilty plea.

You won't get a reduction on points. Guidelines are 6-8.

harveybobbles

OP, take it on the chin and hopefully lesson learnt?