Car impounded - advice needed

JD1988

Hi MSE forum,

I have a motoring issue where I require some legal advice. Please understand that before I get any unnecessary comments I fully accept where I am wrong.

Ok so I have just come back from 2 months away working in Dubai, on Sunday I was dropping my partner off at the train station and was stopped by a road traffic officer on my way back. He stated that my car alerted the system to show up as no insurance. At this point I was certain that I had insurance therefore continued to listen. Having checked my bank account I noticed that the last payment was taken 1 month and a day before, meaning that my insurance must have ran out the night before. I hadn't got through all of my mail to see any renewals sent through.

Anyway, the officer decided that the car was to be impounded and I needed to produce insurance documentation alongside with the V5. I therefore took out insurance and proceeded to the station the day after. On 4 occasions I was turned away stating that the documents weren't in place but I wasn't fully explained as to why I was just told I need to refer back to the insurers. When I called them they advised that they didn't cover impounded vehicles and the policy was void.

I have since found a company that cover impounded vehicles and they charged me £425 for 30 days cover. I produced all relevant documentation to the station and everything was handed back and stamped, on my way to work about 25 minutes after I received a phone call stating that I was to return to the police station as the drivers license was provoked for failure to hand in for some points I had back in 2012 which wasn't actually myself driving the vehicle when speeding, I declared the individual who was responsible but as they were unable to get in contact with them they handed them to myself.

At the time of this I called DVLA and advised that I lost my drivers counterpart and asked them to send me a new one, this what I thought had the allocated points.

As mentioned I've now been told that I have no license, I have forwarded my counterpart to the DVLA and they have said it will be re-instated within 72 hours.

The police are asking me to go back to the station so that this can be discussed in person as DVLA won't speak to them directly. I am now on a business trip until Monday.

I'm not sure what I need to do, should I wait for the license to be re-instated and then go back?

Will my insurance be void although I have a full UK drivers licence but it was revoked but I wasn't aware?

The document issued by the traffic officer states that I had no insurance nothing was mentioned about the license, and the documentation I have has now been stamped but they have contacted the company who have the vehicle not to release the car.

I'm really stuck on what to do, I rely on my car for work and I fully wasn't aware that this was the case with the license and after all the documentation was stamped so I have an argument that this was approved.

Any advice would be more than appreciated, once again I know that this is my own fault to manage but it was a genuine mistake.

Iceweasel

1st off - I certainly can't give you any legal advice - and I don't think anyone else on here will do that either.

You do need legal advice though - so see the CAB in the first instance who will advise you.

Do it asap before things become worse.

You seem to have left things to get into a bit of a mess.

My only comment is that you used the term 'a genuine mistake.'

Your problems are not the result of a mistake - it's inattention to detail and legal requirements.

You're going to get a lot of stick for these 'oversights' and no amount of 'I didn't know' is going to get you much sympathy from the police or licensing authorities.

JD1988

I think I made it clear that I was at fault and admit fault so there isn't any need for the patronising comments.

I asked for genuine advice, if yo u can't help with the questions I pose then there is no need for you to comment.

Sorry if this sounds rude but I did make that clear at the beginning of the statement.

goonarmy

JD1988 wrote: »

I think I made it clear that I was at fault and admit fault so there isn't any need for the patronising comments.

I asked for genuine advice, if yo u can't help with the questions I pose then there is no need for you to comment.

Sorry if this sounds rude but I did make that clear at the beginning of the statement.

Yeah. But it dont go like that.;)

Iceweasel

JD1988 wrote: »

I think I made it clear that I was at fault and admit fault so there isn't any need for the patronising comments.

I asked for genuine advice, if yo u can't help with the questions I pose then there is no need for you to comment.

Sorry if this sounds rude but I did make that clear at the beginning of the statement.

It more than sounds rude - it is rude.

I was in no way being patronising. I gave you the best advise I can give.

I sympathise with your predicament, but what came across in your first post to me was that you were not treating this as seriously as I feel you should.

That's what got you in this fix in the first place.

Being away for 2 months in Dubai is no way an excuse for letting things go back in the UK.

"I wasn't aware" doesn't cut it.

ado

I'm confused about you receiving points when you named the driver who committed the speeding offence in your car, because as you rightly said, he should have got the punishment. For you to have received points you should have received a summons to go to court, before receiving both points and a fine. If you didn't pay the fine then court bailiffs would have been chasing you. As such are you sure that the licence was revoked for that reason?

Its also a little strange that the officer who stopped you for no insurance didn't pick up on the revoked licence as that would have been obvious if he had done a vehicle and driver PNC check.

BTW these are genuine questions from a PC.

Apples2

Every year I receive a "You don't have to do anything" letter from my Insurers. My Insurance will automatically renew unless I opt OUT.

I thought every Insurer worked this way now, who were yours to have simply let it expire?

Stooby2

JD1988 wrote:

as the drivers license was provoked for failure to hand in for some points I had back in 2012 which wasn't actually myself driving the vehicle when speeding, I declared the individual who was responsible but as they were unable to get in contact with them they handed them to myself.

OK, your licence was revoked for failing to surrender it for the points to be added. You have one month from the date of conviction to surrender or it or DVLA revoke the licence. It would appear you've missed a lot of mail as you should have received more requests for details of the driver who committed the offence and eventually a court summons, then the notice explaining you'd failed to attend court and been found guilty in your absence.

This may well affect your insurance as when you apply, you are stating that you hold a current and valid licence to drive, and you didn't - albeit inadvertently. It's up to you, but you might want to contact your insurer about this as now that you know, you could commit the offence of insurance fraud by not declaring it.

As previously mentioned, get along to the CAB pronto, or if you can afford it, get a solicitor as this will take a bit of unravelling and you need some legal advise as to go about appealing your conviction etc.

And Apples2, if you allow your insurer to automatically renew, they'll charge you what they like, without any effort to be competitive. You'll almost always ending paying more than you need to.

yangptangkipperbang

Apples2 wrote: »

Every year I receive a "You don't have to do anything" letter from my Insurers. My Insurance will automatically renew unless I opt OUT.

I thought every Insurer worked this way now, who were yours to have simply let it expire?

I like it ! There are hundreds of complaints from people who change insurers and forget to tell the old one - then complain when they get charged again...:rotfl::rotfl::rotfl:

patman99

OP when you finally get around to trawling through your mail, you might come across the answer as to why you got the points.
If you find that a Court found you guilty in your absence, then you will need to apply to have the judgement set aside (being abroad is a good reason to not know about the Court hearing).

Altarf

Advice for getting caught driving with no insurance and no licence?

Go to court. Plead guilty. Pay fine. Don't drive during the period that you inevitably be banned for.