URGENT: Contravention for driving without insurance.

fmdddv

Hi all,

I am not sure if this is the right place to post this, so kindly accept my apologies if it isn't.

Here is my predicament, our car was seized by the police under "no insurance code A601" today, we were charged £150 to get our car back.

We had tried to to get insurance online last night and were given a quote, however we were not able to continue with payment as we wanted to pay in installments and the insurer lines were not open until today 8am. So first thing this morning, I called the insurer to pay for our insurance. Meantime, my husband left the house with the car and was stopped by the police. They said he had no record of insurance. He explained to the officer that I had just done it this morning and that's why it isn't showing yet. The officer asked for the policy number and and insurer name and called them to double check if our insurance was active. The insurer confirmed that the insurance was active since 8:28am this morning.

The officer then argued that we were not insure at the time my husband was stopped therefore the car would have to be taken away & we would be summoned in court.

We went to retrieve the car and payed the £150 charge.

The officer who attended to us when we collected the car said that from our insurance papers it looks like we were insured before we were given the contravention and that we could put an appeal in writing before it goes to court.

The contravention paper is timed 09:08am and our car was insured from 08:28am.

Do we have a case to appeal?

Also, my husband has had his licence for less than a year? What are we facing?

Any help, would be greatly appreciated.

Thank you

rs65

What time was he stopped at?

fmdddv

rs65 wrote: »

What time was he stopped at?

We are not sure what time he was stop at as it doesn't appear on the paperwork.

rs65

I think you need to head over to pepipoo.com

custardy

Why would you even risk leaving the house before the policy was sorted?
madness
to be clear your partner couldn't have been insured upon leaving the house

spacey2012

If the police documentation is marked later than the insurance start time on your paper work, or you can obtain a official letter from your insurers, he will need to wait for a summons go to court, plead not guilty, return for a trial at magistrates, produce his evidence and enter an application for his costs to be returned by the police seizing the vehicle.
However the police will have a record of the PNC check and that will be logged and timed and if this is before 8:28, he will be guilty.
This is a technical offence, matters not what he did before or what they think he did, the timings are critical.
A car either has insurance or it does not.
There is no discrepancy in the Law.

fmdddv

custardy wrote: »

Why would you even risk leaving the house before the policy was sorted?
madness
to be clear your partner couldn't have been insured upon leaving the house

The issue isn't whether he was insured upon leaving the house, rather if he was when stopped.

I am really looking for help, not judgement. We are beating ourselves up enough for that.

fmdddv

spacey2012 wrote: »

If the police documentation is marked later than the insurance start time on your paper work, or you can obtain a official letter from your insurers, he will need to wait for a summons go to court, plead not guilty, return for a trial at magistrates, produce his evidence and enter an application for his costs to be returned by the police seizing the vehicle.
However the police will have a record of the PNC check and that will be logged and timed and if this is before 8:28, he will be guilty.
This is a technical offence, matters not what he did before or what they think he did, the timings are critical.
A car either has insurance or it does not.
There is no discrepancy in the Law.

Thank you, spcey2012

If found guilty, what would be the damages to his licence and pockets?

custardy

fmdddv wrote: »

The issue isn't whether he was insured upon leaving the house, rather if he was when stopped.

I am really looking for help, not judgement. We are beating ourselves up enough for that.

maybe not for you. As someone who is on the same roads,it is for me

rs65

fmdddv wrote: »

If found guilty, what would be the damages to his licence and pockets?

6 points usually which I think results in a licence being revoked if held less than 2 years.

Plus a fine.

fmdddv

rs65 wrote: »

6 points usually which I think results in a licence being revoked if held less than 2 years.

Plus a fine.

Thank you, rs65

How much are we looking at to be fined?