Fined for not being on the DVLA Database!

frankieMac_2

I have my car insurance with Hastings Direct. For the past two years I have been hassled by the DVLA because they say I am not on their insurance database and therefore not insured! I have twice contacted Hastings and asked them to get me put on the database and asked why this is happening. I didn't get a satisfactory reply. Now it has happened again and this time I have been fined £100 even though I am insured. I have had to complete an appeal form giving my insurance details but they still say I have to contact my insurer and get them to put me on the database!

Chang insurer you may say, but they do give me a good rate and it wouldn't resolve the problem. Have any others had the same experience?

Quentin

Put in a formal complaint about their administration and ask them to compensate you for the time and inconvenience this has put you to.

This will determine whether they or dvla are to blame.

Then if you are unhappy with their reply you can escalate to the FOS for their adjudication.

InsideInsurance

It is the Motor Insurers Database that is owned by the Motor Insurance Beaureaux and maintained by Experian not the DVLA

As a personal lines person it is the legal responsibility of your insurers to load your details onto the MID not yours.

Raise a complaint with your insurers about the hassle they are causing you.

frankieMac_2

I've lodged a complaint with them so we shall see! I think it is totally unfair that I am being punished for something beyond my control. I wasn't even aware that it is a legal requirement to be on the database! When did that sneak in?

frankieMac_2

If it's the insurers responsibility how can the DVLA fine me?

InsideInsurance

Its been around for a long time.

All insurance must be loaded within 7 days (if I remember correctly) for personal policies. For fleet i think its 14 days but it is the policyholders responsibility. Likewise cancellations etc also need to be loaded in the same timescales.

Insurers must maintain a certain level of compliance and failure to do so results in fines. Of cause one of the issues with this is if they miss the 7 day deadline for whatever reason (most commonly we are talking about backdated cancellation etc) then it almost becomes in their interest never to load it as the ratio can only be calculated by what is submitted not what isnt

InsideInsurance

frankieMac wrote: »

If it's the insurers responsibility how can the DVLA fine me?

Would need to see the content of the letter but they can only fine you for (a) not having insurance or (b) not responding to the letter or (c) if you have a commercial fleet policy

If you have insurance and its your insurers that havent loaded you to MID then the DVLA cannot fine you (unless you have a commercial fleet policy)

Whilst its your insurers responsibility to maintain MID it is in your interests to encourage them to avoid the hassle of this or being stopped by the police etc. At the moment the computer says you dont have insurance because of the lack of info on MID

Quentin

frankieMac wrote: »

If it's the insurers responsibility how can the DVLA fine me?

You haven't actually been fined because of the insurer's lack of responsibility. Though that looks to be to blame!

You have received a fixed penalty fine because DVLA believes you have not insured your car.

This is under the continuous insurance enforcement rules (google it to find out more)

pinkteapot

Quentin wrote: »

You have received a fixed penalty fine because DVLA believes you have not insured your car.

Surely OP can appeal this fine and show the DVLA proof of his insurance?

Quentin

pinkteapot wrote: »

Surely OP can appeal this fine and show the DVLA proof of his insurance?

See the OP.

Already in hand.

Aretnap

frankieMac wrote: »

If it's the insurers responsibility how can the DVLA fine me?

The DVLA can't actually fine you. What they can do is send you a fixed penalty notice, which is essentially an offer not to prosecute you if you agree to pay a fixed penalty of £100. You do have the option of rejecting the fixed penalty and opting for a court hearing instead (basically inviting them to prosecute you). The court could only fine you if you had not actually insured the vehicle - the offence is failing to insure it, not failing to be on the database.

That's the theory at least. In practice you don't want the time, expense and worry of spending a day in the magistrates court even if you wouldn't be convicted, so it's in your interests to co-operate with the DVLA to make sure that you actually are insured and that it doesn't end up going that far.

frankieMac wrote: »

Chang insurer you may say, but they do give me a good rate and it wouldn't resolve the problem.

Unfortunately with insurance as with everything else you get what you pay for to some extent and the cheapest policy is rarely the best, either in terms of coverage or in terms of customer service. It's up to you of course, but if my insurer had caused me this much worry and hassle I'd be taking my business somewhere else, even if it did mean paying a few quid more.