Car impounded for no insurance, was told by insurance company that we were insured

xxkitcatsxx

atrixblue.-MFR-. wrote: »

OP your posts just keep geting more and more confusing everytime you post.

answer these please:

did the police officer take his driving license from him and not give it back? (photo license).

or did the officer, take his driving licese, then hand it back saying that if he fails to surrender his license for the points to be added it will be revoked/suspended untill he does.

like has been said, the police CANNOT suspend his license they have ZERO powers to do so, only the DVLA can issue and revoke licenses an the courts can disqualify you.

this seems more and more wierd as you go on, are you insured or not why ask if you need to take out a policy again? if you already have one running?..

Oh this last point is due to the policy being made invalid now because his licence was suspended by the officer/dvla possibly due to this other gut having numerous driving offences and obviously being a wanted man.

Sgt_Pepper_2

xxkitcatsxx wrote: »

Oh this last point is due to the policy being made invalid now because his licence was suspended by the officer/dvla possibly due to this other gut having numerous driving offences and obviously being a wanted man.

So what licence has your oh got?

Is everything up to date, current address etc?

Rover_Driver

xxkitcatsxx wrote: »

Oh this last point is due to the policy being made invalid now because his licence was suspended by the officer/dvla possibly due to this other gut having numerous driving offences and obviously being a wanted man.

As has been said on several other threads, no-one can 'suspend' a licence - DVLA can revoke a licence, and courts can disqualify someone from holding a licence.

When you get the paperwork for the insurance, check the certificate, somewhere there are usually words similar to 'holds, or has held and is not disqualified from holding, a driving licence'.

If those words are there, and they apply to your partner, the insurance is valid.

xxkitcatsxx

Sgt_Pepper wrote: »

So what licence has your oh got?

Is everything up to date, current address etc?

Current address is not yet updated due to recently moving but dvla give 6 months to do this so this is not a problem.

Licence is a full UK licence for car and for motorbike. My partner sat all the relevant tests etc.

He had one ticket for speeding (34mph in a 30mph zone) which was paid up and left him still with a clean licence as there was no dispute over it etc.

There is no issue with the licence it was just that they thought he was this man who was wanted for driving offences among other things so as part of protocol the licence was suspended as this "alias" was banned from driving. This was cleared up today with fingerprints.

The only existing issue with the licence is whether the dvla will reinstate it given that there are no other misdemeanors and the mix up has been resolved, or whether they will keep it suspended until he goes to court which could take months.

The issue is with the insurance and the court.

Will they still prosecute if he goes and shows his documents down the station when they come in the post? He has to take copies and send the documents back to the insurer as now with a suspended licence, his insurance has been made invalid so we have to go through the whole rigmarole of getting insurance again when this is eventually reinstated, like I said, hopefully when we call the dvla on tues.

Do you think they will still take him to court over this even though he can prove he was insured at the time that they pulled him over?

Would they really waste time and resources to take him to court when there really is no issue other than that his insurance was not updated on the MID database?

We are worried sick that this might go to court as the fees would cripple us financially and the stress is making us feel quite ill!

Please help with your insight!

xxkitcatsxx

Rover_Driver wrote: »

As has been said on several other threads, no-one can 'suspend' a licence - DVLA can revoke a licence, and courts can disqualify someone from holding a licence.

When you get the paperwork for the insurance, check the certificate, somewhere there are usually words similar to 'holds, or has held and is not disqualified from holding, a driving licence'.

If those words are there, and they apply to your partner, the insurance is valid.

We KNOW the insurance was valid!!! We have no problems there. It's the police that wouldn't believe us! Now, due to the licence being "suspended" (policeman's own words!) the insurance was immediately made invalid as he then DID NOT have a licence as it was suspended when the policeman believed he was this other man who was banned from driving. So yes, they could do this in this case with reasonable belief that he was in fact this man who was wanted for driving offences!

mikey72

You need to speak to a solicitor as soon as you can. Firstly to get this resolved asap, and secondly to sort out your complaint against the police and pursue compensation.

atrixblue.-MFR-.

why would a police officer, who ran a PNC check and came back with a wanted man! let you OH go and keep a record of the driving license to call the DVLA and ask for a revokation of entitlement to drive?

surely if this a wanted man for driving offences then they would have arrested him, and took him in to custody?

traffic cops carry finger print machines in their boots if he had one could have easily ask for you OH to provide his finger print at the roadside this would have cleared him there and then.

i'm not getting this situation at all. unless this is a extremely stupid copper who thinks he's the mutts nutts and got so completey wrong and could have potentially let go a criminal to be on his merry way, or were missing three quarters of the relevant story.

my discrepancies are.

a police officer let go what he thought was a wanted man for driving offences and instead took his drving license number to be revoked?

Rover_Driver

xxkitcatsxx wrote: »

We KNOW the insurance was valid!!! We have no problems there. It's the police that wouldn't believe us! Now, due to the licence being "suspended" (policeman's own words!) the insurance was immediately made invalid as he then DID NOT have a licence as it was suspended when the policeman believed he was this other man who was banned from driving. So yes, they could do this in this case with reasonable belief that he was in fact this man who was wanted for driving offences!

If the police officer mistook your partner for someone who was apparently disqualified - it is their licence that is 'suspended', not your partner's.

stormbreaker

The police, at the side of the road, do NOT have the power to suspend someone from driving.

If there is any reason to believe there are problems with identity the license would have been taken possession of for futher investigation.

Any insurance is invalid if the person driving does not hold a license to drive.

There is clearly something more to this!

If the party is completely innocent what is the problem with them attending court as the OP keeps making reference to?

NeverEnough

stormbreaker wrote: »

The police, at the side of the road, do NOT have the power to suspend someone from driving.

If there is any reason to believe there are problems with identity the license would have been taken possession of for futher investigation.

Any insurance is invalid if the person driving does not hold a licence to drive.

There is clearly something more to this!

If the party is completely innocent what is the problem with them attending court as the OP keeps making reference to?

Well I would be very aggrieved at having to "attend court" on trumped-up charges / misidentity charges down to a mistake by the police- not to mention all the consequential losses suffered by OP's OH - loss of income, distress caused, costs of impounding a vehicle, not being allowed to drive due to licence being "suspended" somehow.