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URGENT: Contravention for driving without insurance.

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  • kingstreet
    kingstreet Posts: 39,268 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you got a fixed penalty for £200 and six points, or did the officer give your husband a verbal NIP that he will be "considered for prosecution for the offence of..." or similar words?

    If the former, he should reject the FPN, requesting the court hearing, but making sure he meets any requirement to produce any other documents which may have been requested.

    If the latter, he needs to wait until summonsed for the offence.

    Both routes will lead to a court appearance. There is no "appeal" until after being tried and convicted. Once he is summonsed, he can appear and plead not guilty, stating why he was insured at the time.

    This is the best place for advice on motoring offences;-

    http://forums.pepipoo.com/index.php?showforum=5
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
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    Something similar happened to me once - I cnacelled an insurance policy with A after getting a better deal with B, A then informed the database I was no longer insured and somehow it knocked B of the system as well. I had my car siezed the next day and had to pay to get it back, then appeal to get my money back. The database is not fully real time.
    Surely you husband must know when he was stopped?
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    The other obvious question, given you'd just had your vehicle seized, did you declare your pending conviction for this when buying your new insurance?

    If you didnt then you may well find your new policy void anyway
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    The other obvious question, given you'd just had your vehicle seized, did you declare your pending conviction for this when buying your new insurance?

    If you didnt then you may well find your new policy void anyway

    I think the wife was buying the insurance as the husband was already driving away.
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
  • RuthnJasper
    RuthnJasper Posts: 4,032 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    fmdddv wrote: »
    I have laid the facts in my first post. I don't have to prove anything, especially not to someone who isn't helping and is simply here to criticise. Must be splendid up there on your high horse.

    Thank God your husband didn't hit anyone on a high horse - or a bike, car, truck or walking. _pale_

    How long have you been the registered owner of the car? Did you buy it that very morning too (before 8.28am)?

    Assuming that the insurance was valid from 8.28am and the car was stopped at 9.08am - I very much doubt that 40 minutes is sufficient time for the computer database to upload data to the equipment in the Rozzers' vehicle.

    Timing is everything. And driving without insurance (intentional or otherwise) is illegal.
  • Idiophreak
    Idiophreak Posts: 12,024 Forumite
    10,000 Posts Combo Breaker
    Assuming that the insurance was valid from 8.28am and the car was stopped at 9.08am

    From what I understand the car was stopped rather earlier - it was just all wrapped up, and the notice issued, at 9:08...
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    I think the wife was buying the insurance as the husband was already driving away.

    Ok, I was confused as it sounded like they had had one car seized, and then got done on a second car because of the questionable time of if the guy had left the house or not before the missus had spoken to the insurers.

    I am surprised that there are any insurers that dont allow you to do installments online though
  • fmdddv
    fmdddv Posts: 21 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    kingstreet wrote: »
    Have you got a fixed penalty for £200 and six points, or did the officer give your husband a verbal NIP that he will be "considered for prosecution for the offence of..." or similar words?

    It is the latter.

    Thank you for the advise. I was making payment to the insurer as my husband was leaving. So we should have been insured as soon as the payment was taken, which was before he was stopped.
    If there was delay in the insurer's system updating then surely, we should not be made accountable.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You know where the law stands, it is timing issue or nothing, morals are for people to argue over all day.
    He is getting banned anyway, so what does he have to lose by pleading not guilty and and see what evidence the police come up with to contrary his argument.
    The CPS will have to revue the case before trial at magistrates and if he has put forward evidence in writing that suggests he was insured, they are likely to drop the case to save them the applications for costs order.
    Be happy...;)
  • Idiophreak
    Idiophreak Posts: 12,024 Forumite
    10,000 Posts Combo Breaker
    fmdddv wrote: »
    It is the latter.

    Thank you for the advise. I was making payment to the insurer as my husband was leaving. So we should have been insured as soon as the payment was taken, which was before he was stopped.
    If there was delay in the insurer's system updating then surely, we should not be made accountable.

    So you will have phone records that show exactly when the call ended?

    And did they say cover would be immediate on the phone?
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