URGENT: Contravention for driving without insurance.

hm71_2

op please visit pepioo they are very knowledgable and helpful. I personnally have benefited from their assistance (not insurance related). They will probably have a forum already for similar cased

System

mattyprice4004 wrote: »

It's simple - you ring company while he's there, confirm it's insured, then he gets keys and goes out.

Apparently some people just like living dangerously.

Myself, I'd have phoned the office, explained I would be a few minutes late as I was sorting out car insurance, and then left when I knew it was confirmed. Just dashing off without valid insurance and leaving my wife to sort it out before I get as far as the gate and touch the public highway sounds barmy.
But then we are not here to judge. It sounds as if through a combination of some events being time-recorded and others by a fluke being not, he may just get away with it.

Try arranging it yourself on your mobile as you drive for an even closer shave next time.

fmdddv

kingstreet wrote: »

The seizure and prosecution are two different issues.

The summons for the driving without insurance can take upto six months to arrive, so it may be worth taking up the seizure issue now to see if you can get that overturned.

It may help with the defence of the no insurance prosecution, if you can. It may well come down to your husband seeking out the prosecutor on the day of his case and showing him/her;-

- a letter from the insurer showing he was covered from a time prior to the police stop

- confirmation of the refund of the seizure fee

to see if the prosecutor will drop the charge.

I stick with my original suggestion to seek help on pepipoo...

Thank you. Yes, I have asked for help on pepipoo's forum.

fmdddv

kingstreet wrote: »

If convicted and six points are awarded, the DVLA will revoke his licence. He must then re-apply for a provisional and go through training and the two tests again.

NB this is not court mandated. If more than six points are accrued in the first two years of passing a test, the licence revocation is an administrative function of DVLA. It is not a disqualification.

Is there a way to convince the Court to impose a punishment that avoids penalty points, which in turn will avoid revocation? I know this will require a technical knowledge of the law.

custardy

fmdddv wrote: »

Is there a way to convince the Court to impose a punishment that avoids penalty points, which in turn will avoid revocation? I know this will require a technical knowledge of the law.

would be down to the court I assume
however I wouldnt expect leniency if he was driving without insurance that you then organised while stopped

https://www.gov.uk/vehicle-insurance/driving-without-insurance

thenudeone

Joining the debate late, I know, but on a technical matter, the law doesn't care whether your insurer has accepted and issued a policy, taken a payment, or accepted that you are "on risk".

The law says that you are not insured until your insurer delivers a certificate to you (This can now be electronically).
http://www.legislation.gov.uk/ukpga/1988/52/section/147

My current certificate shows both the time and date of its validity.

So the question is: Was the vehicle being driven and stopped by police before or after the time that the certificate was valid from?

Parking_Trouble

thenudeone wrote: »

Joining the debate late, I know, but on a technical matter, the law doesn't care whether your insurer has accepted and issued a policy, taken a payment, or accepted that you are "on risk".

The law says that you are not insured until your insurer delivers a certificate to you (This can now be electronically).
http://www.legislation.gov.uk/ukpga/1988/52/section/147

My current certificate shows both the time and date of its validity.

So the question is: Was the vehicle being driven and stopped by police before or after the time that the certificate was valid from?

Or more specifically the date/time it was "delivered"

prowla

thenudeone wrote: »

Joining the debate late, I know, but on a technical matter, the law doesn't care whether your insurer has accepted and issued a policy, taken a payment, or accepted that you are "on risk".

The law says that you are not insured until your insurer delivers a certificate to you (This can now be electronically).
http://www.legislation.gov.uk/ukpga/1988/52/section/147

My current certificate shows both the time and date of its validity.

So the question is: Was the vehicle being driven and stopped by police before or after the time that the certificate was valid from?

Wow - I didn't know that.

Just_Some_Guy

There are some pedantic rules about when electronic certificates are delivered too - http://www.legislation.gov.uk/uksi/2010/1117/made

I think that legalese boils down to the insurer sending you an email saying "download your certificate here" counts as "delivery"

tberry6686

Is there a way to convince the Court to impose a punishment that avoids penalty points, which in turn will avoid revocation? I know this will require a technical knowledge of the law.

As I understand it 6 - 8 points are mandatory for no insurance unless there are very good reasons not to give any points (pretty rare). I'm not convinced that the situation that you are in would be enough to achieve no points