Car impounded - advice needed

Aretnap

OK...

(1) If you were unaware of the court proceedings in 2012 until now you can make a statutory declaration and get the conviction set aside. This would be a good thing to do as you have some more points heading your way for driving without insurance, and you should also be warned that there are probably some bailiffs somewhere out looking for you to collect the fine, and their own extortionate fees on top. What were you actually convicted of? I'm guessing that you actually have 6 points for failure to identify the driver. You don't commit this offence just because the person you named doesn't reply to mail, but you might have to persuade the court that he really does exist and that you weren't just trying to get out of a speeding ticket by saying "oh, it was my Bulgarian friend whose address I don't know", as some people who take their legal advice from a bloke in the pub have been known to try.

(2) Itdoesn't sound like you have much of a defence to driving without insurance and you can expect 6 points and a hefty fine for that. You could ask the court to find special reasons not to impose the points on the grounds that you had an honest and reasonable belief that you were insured, but I don't fancy your chances of persuading them that failing to keep track of your renewal date while you were out of the country was reasonable - usually they will want some evidence that you were actively misled about your insurance status.

(3) Driving without a licence is a minor offence in these circumstances. It only carries points if you could not have been granted a licence, eg because you'd never passed your test, or because you're medically unfit to drive. If the only reason you have no licence is because you didn't send the right forms to the DVLA the penalty is a fine only.

(4) Whether the lack of a licence affects your insurance depends on the insurer. A few policies require you to hold a valid licence, but most apply provided you "hold or have held and are not disqualified from holding a valid licence", which means that people in your situation are still covered, along with 70 year olds who forget to renew their licences.

(5) You do however need both valid insurance and a valid licence to reclaim the car. If the DVLA are taking too long to reissue yours you could add a friend or relative with a valid licence to your insurance policy and authorise them to collect it (this would stop storage fees mounting up) but you still can't legally drive it yourself until you get your new licence.

AdrianC

I wouldn't rely too heavily on the "But I haven't received any post because I've been out of the country" excuse - having a valid UK postal address through which you can be contacted in a timely manner is a legal requirement for both having a vehicle UK registered in your name AND holding a UK licence. It's your responsibility to make sure that post sent to the address you use gets to you.

Henzo

I strongly advise you to seek proper correct legal advice on your difficult situation.People here , will do their best to help you , That's all it is advice . Get yourself a solicitor , to inform you what to do next. Having a valid car insurance is your responsibility as a driver , that's the way law sees it . No amount of excuses or defence will help you in this matter , I'm afraid even if it was a genuine mistake by you . All the best .

Iceweasel

patman99 wrote: »

(being abroad is a good reason to not know about the Court hearing).

Being out of the UK for a short holiday perhaps.

Any ex-pat will tell you you need to have systems in place to cover your life in the UK.

That includes someone to check your mail.

Anything else just shows that you don't give a sh*t.

maninthestreet

OP - go onto www.pepipoo.com and ask for advice there.

Apples2

Stooby2 wrote: »

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.

I'm not sure you grasped the point.
The cost is immaterial for this thread, most Insurers work this way hence the request for the OP to state which Insurer he is/was with.

If the OP's Insurers work the same way as the rest then the OP's Insurance would not have lapsed. This system was introduced to prevent people driving uninsured after "forgetting" about it.

AdrianC

Apples2 wrote: »

This system was introduced to prevent people driving uninsured after "forgetting" about it.

Don't believe the press releases. This system was introduced to help the insurers milk the "can't be bothered" permanent-renewers.

EcoR1

Whatever you do I'd do it quickly. I believe it's 21 days before the car is disposed of.

Stooby2

AdrianC wrote:

Don't believe the press releases. This system was introduced to help the insurers milk the "can't be bothered" permanent-renewers

Exactly.

And all the insurers I've ever had all write to you at least a month before the expiry of your policy, and then a week or two. My current insurer started texting me almost daily until I told them to pack it in.

AdrianC

Stooby2 wrote: »

Exactly.

And all the insurers I've ever had all write to you at least a month before the expiry of your policy, and then a week or two. My current insurer started texting me almost daily until I told them to pack it in.

Then, when you ring 'em to say "Thanks, but we've moved", they have a gold-plated excuse to re-quote without the "reward your loyalty" ramp...