Driving with no insurance

prowla

My opinion (IANAL) is that the insurance company made a mistake in that (a) they did not receive a clear instruction to cancel the insurance, and (b) they did not confirm it was cancelled.

spacey2012

The Defence would be if the insurance company failed to make a statutory cancellation notice in the post giving 7 days notice from service of the letter.
If she still has a hard certificate and they did not produce a written cancellation notice then she has a defence.
You would need a solicitor as they will have to vet the documents you present in your defence to assist your defence.

The prosecution will have to prove the policy certificate is not in force.

That is the law and the defence against the charge, the group prat will be along shortly to tell you otherwise.

Service of documents can not be sent either way by E-mail for legal purposes so this helps any case, but the solicitor will instruct you what information to present.
If she is a new driver, she will be banned so has very little to lose by defending the case.

Did she receive written notice of 7 days cancellation ?
(written means it comes through the real post box in hard copy)

rs65

spacey2012 wrote: »

Service of documents can not be sent either way by E-mail for legal purposes so this helps any case, but the solicitor will instruct you what information to present.
If she is a new driver, she will be banned so has very little to lose by defending the case.

Did she receive written notice of 7 days cancellation ?
(written means it comes through the real post box in hard copy)

The notice of cancellation is if the company wants to cancel



From the policy:-
Standard Cancellation Terms (beyond the Cooling Off period)
You may cancel the Policy in writing at any time providing you return all Certificates of Motor Insurance. In accordance with The Motor Vehicles Order 2010 (Electronic Communication of Certificates of Insurance), you are authorised to notify us, via email, of your intention to cancel the policy, acknowledging that the Certificate of Insurance has ceased to have effect from the appropriate time and date.


OP, get your daughter to complain that they cancelled incorrectly as she hadn't returned the certificate. Also, her email would have to acknowledge that the certificate had ceased to have effect from the appropriate date and time.

dacouch

spacey2012 wrote: »

The Defence would be if the insurance company failed to make a statutory cancellation notice in the post giving 7 days notice from service of the letter.
If she still has a hard certificate and they did not produce a written cancellation notice then she has a defence.
You would need a solicitor as they will have to vet the documents you present in your defence to assist your defence.

The prosecution will have to prove the policy certificate is not in force.

That is the law and the defence against the charge, the group prat will be along shortly to tell you otherwise.

Service of documents can not be sent either way by E-mail for legal purposes so this helps any case, but the solicitor will instruct you what information to present.
If she is a new driver, she will be banned so has very little to lose by defending the case.

Did she receive written notice of 7 days cancellation ?
(written means it comes through the real post box in hard copy)

Have you read this?

http://www.legislation.gov.uk/ukpga/1988/52/section/147

SimonSays

The loading for an IN10 will be bad. Even if she avoids points and is endorsed with an IN10 fine Insurers will take a dim view. As Insurers see an IN10 as a big screw you, A personal insult to them

What I am getting at is its all well and good avoiding the points and taking a fine via a magistrates but as soon as you input IN10 the loading goes through the roof.

jo-lo123

This is her email, it's very bad and I don't think it gives her a leg to stand on. I think It is going to hinge on wether it is reasonable that she wasn't given notice of either the cancellation, or the charges they levied without notice. I'm not trying to say she didn't do it , she did, she made a huge mistake and there is no doubt about that. I'm looking for any tiny little thing that may help her that's all.

Hello, i am looking to cancel my car insurance with you, I currently have policy ref *****.

My reasons for wishing to cancel are based on current research. I am about to start a new job so therefore need to adjust my insurance to meet that. The adjustments will be adding 1000 miles annually, changing my occupation to check in services at an airport, taking my additional drivers off the insurance and including commuting in my insurance which has reduced my annual fee by up to £800 with numerous other companies, however when i have looked at go girl it has increased by around £70.
Regards

*******. *********

jo-lo123

She has had no communication from go girl since she sent that email. I wish to god she'd asked me before she sent the blasted thing! She didn't know they wouldn't adjust the price mid term either. Just sheer naivety of youth.

vaio

if that's all she sent then stick a complaint in as it certainly doesn't comply with the requirements for cancelling a policy as posted in post #17 and shouldn't have been acted on by the insurer without further correspondence.

Specifically, it neither returns the certificate nor contains an acknowledgement that the certificate will cease to be valid from the appropriate date.

It's clearly a negotiating email or maybe a complaint that her insurer is out of step with the market. It certainly isn't an instruction to cancel and shouldn't have been treated as such.

forgotmyname

Oh. B..... or words to that effect.

How long ago was it between the email and the charges being taken. And then the time between that and getting stopped.

No mention of a paticular date to cancel.. Maybe a + for you?

I am looking to cancel. Not an explicit instruction to cancel?

Timeframe between the above dates?

jo-lo123

Email sent 23rd jan, money refunded 27th. She was stopped on the 30th