Car Insurance cancelled by insurer, driver not informed, driver charged no insurance

si2013

Hello, last March my car insurer cancelled my policy, they later said they informed me by letter but i did not receive the letter, their reason for the cancellation was due to an unpaid additional premium. i was stopped on the Motorway and charged for driving without insurance (in June) but left to continue the journey (another 120 miles). I heard nothing further and then in November by chance i heard that a case had been heard in my absence, (letter from DVLA asking for license return) i completed a stat dec as I had not received a summons. I have now again been served a csummons to appear for the alleged offence.
Does anyone have similar experience of having their insurance cancelled unknowingly ?
The insurance company relied on the mail service but did not use phone or email.
My defence is that in the precious course of dealings I used mail, phone, fax and email but the insurer relied on post, therefore the postal rule did not apply and the policy had not been cancelled and was therefore in force at the time of the alleged offence.
Any advice or case law please ?

spacey2012

Do you still have the insurance certificate ?

si2013

Hello, yes i have the insurance certificate, the policy was from June 2011 - June 2012

spacey2012

Are you prepared to appeal a Magistrates decision at the appeal court ?

spacey2012

Was there any address discrepancies Change of address ect and was you living at the address listed on your insurance and driving licence and was this the address given to the police at the time you were stopped, or have you lived anywhere else ?

si2013

Hello, i need to appear soon at a hearing, i pled not guilty by post, my proposed defence is that I was in possession of the valid certificate of insurance and that the policy was in effect at the time, as the cancellation of it had not been communicated to me, obviously I would not be driving 400 miles on motorways without having valid insurance !

dacouch

spacey2012 wrote: »

Are you prepared to appeal a Magistrates decision at the appeal court ?

http://www.legislation.gov.uk/ukpga/1988/52/section/147

kingstreet

I'd head over here;-

http://forums.pepipoo.com/index.php?showforum=5

A missing cancellation letter, then a missing summons?

Do you have issues with other mail going missing?

si2013

Thanks will look later

si2013

Hi well i live between London and Edinburgh, the letters went to Edinburgh while I was in London, by chance the DVLA sent the request for return license to a different address in Edinburgh otherwise I would not have known about any of this.

spacey2012

You must attend the hearing.
You will need to be fully prepared to lose in magistrates and appeal to the higher court.
Magistrates are not very good with insurance cases and tend to side with the prosecution.
Appeal court judges are very good and demand absolute proof from insurance companies.
You Would need to attend the first hearing in person:
Enter a not guilty Plea.
Make a request for "full disclosure package" from prosecution, this orders the prosecution to hand over all copies of the evednce and also stops them slipping in evidence to dismiss your argument.
This should be produced before the trial date, if it is not you can request the case be withdrawn due to non disclosure.
Once you have the prosecution evidence you can see what they are relying upon .
If it contains no reference or copy of a cancellation notice served by post from the insurance company then your defence that you were still covered is a good one.
If you are absolutely 100% certain you received nothing from them, a sworn affidavit to this effect can be entered as evidence on your side.
You should not expect the magistrates to find in your favour, but use this as a step to the appeal court where you will get a better crack of the whip.

If it is your intention not to attend the hearings, you wont get very far at all.

If the letters were served cancelling insurance to an address you gave the insurance, where you were not living your case will fail and you will have costs to pay.