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Driving without car insurance

24

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    We don't know the circs in this case.

    However it's not as black and white as you say.

    Eg. If you are driving your employers vehicle at work and unknown to you it isn't insured, then you won't be found guilty.
  • System
    System Posts: 178,364 Community Admin
    10,000 Posts Photogenic Name Dropper
    Would it be a defence in circumstances where the police had ordered you to move a car that was legally parked but obstructing an operation?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Quentin
    Quentin Posts: 40,405 Forumite
    Would it be a defence in circumstances where the police had ordered you to move a car that was legally parked but obstructing an operation?

    It would be a mitigating circumstance, especially if the operation in question was a life or death one!
  • That's the thing - it can't be "supposedly". Either you were insured or you weren't. If you didn't have insurance, for any reason (whether you did it knowingly or not) then you committed an offence.
    You are right again!
    You can't get out of it, whatever the reason, but you may get fewer points or a lesser fine if it were a life and death situation.

    However, I agree with Quentin it is not so black and white.

    For some special reasons you can, but it is for the court to decide, and the solicitor I spoke to says I have a good chance with my special reasons, and the court has a discretion not to endorse my license with penalty points and may also decide that it is not appropriate to impose a fine.
  • R_P_W
    R_P_W Posts: 1,526 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Give us the details why then? What are these mitigating circumstances?
  • okey, death in the family.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Has your solicitor advised a not guilty plea?

    On the face of it,this sounds like mitigation, not a defence.
  • happycamel_2
    happycamel_2 Posts: 592 Forumite
    I'd say that was mitigation rather than defence.

    When I needed an emergency operation my mum phoned my insurance company and she was added as a driver so she could take me to hospital and drive my kids. It took about 10 minutes to find the number and she paid over the phone. She could equally have added my car to her car's cover (her car is too small for my kids).

    If you needed to drive a car to get to someone who was dying then you could have arranged insurance but it may not have occurred to you to do so. So I'd say it's likely you'll be guilty but with a lesser sanction.
    I'm a qualified accountant but please make sure you get expert advice as any opinion is made in a private capacity.
    "A goal without a plan is just a wish" Antoine de Saint-Exupery

    Mortgage overpay 2012: £10,815; 2013: £27,562
    Mortgage start £264k, now £232k
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's the thing - it can't be "supposedly". Either you were insured or you weren't. If you didn't have insurance, for any reason (whether you did it knowingly or not) then you committed an offence. You can't get out of it, whatever the reason, but you may get fewer points or a lesser fine if it were a life and death situation.

    I would hope thier is scope for mitigation?
    EG when I was cycling a lot,my car would be on the drive SORN for months at a time
    however if there was(for example) a serious medical emergency then I would have no qualms driving that car to the hospital.
    I would hope the courts would have room to manoeuvre on that
  • Quentin wrote: »
    Has your solicitor advised a not guilty plea?

    On the face of it,this sounds like mitigation, not a defence.

    I see what you mean. He asked me not to admit guilt.
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