Desperate for Help Please

HO87

Hi carol

Don't be to concerned with the holier-than-thou brigade.

Bazster's assessment is pretty much on the money.

Any fine will be calculated on the basis of hubby's income minus his tax and NI so it is important - in order to avoid being walloped with a fine he simply can't afford - to let the court know that you have preciously little to make the payments with.

I suggest you write your finances up in the form of a letter that - as and when this goes to court (it will be) - hubby can hand the letter in. I would strongly suggest that he appears in person. Firstly, as the matters might well entail a ban the court will not disqualify him unless he attends in person. Secondly, if he is going to explain your financial situation then he will only get the opportunity to reinforce this if he is there in person. There is a chance that a particularly unfeeling Legal Adviser (the clerk of the court) might tell him the court can't consider detailed financial cases but by the same token a court should not look to impose a penalty that simply can't be met.

I can't advise on a likely length of ban but if he already has points and those imposed here would cause him to "tot" (to have more than 12) then a totting ban is normally for a minimum of 6 months. He would be well advised to prepare an undue hardship case to put to the court with the objective of minimising any ban. If this looks to be the case I suggest he takes himself off to the PePiPoo Speeding and Other Criminal Offences forum where he can be given some expert advice (for free) on preparing such a case.

HTH

Jim_AFCB

nobbysn*ts wrote: »

If you have current insurance, and preferably a printed copy of the policy, yes, you will be insured. No tax, or MOT makes no difference to the insurance. edit - print out a copy of your documents if you haven't already got one, you may well be asked to produce them at some stage.

That is wrong, surely.

My own insurance policy clearly states that the insurance is invalid when the car is driven without a valid MOT certificate, if one is required by law.
I would be very surprised if this was not a standard clause in all policies.
Watching numerous "Traffic Cops" type programmes, I have seen time and again police telling people they have stopped for no MOT, they they will be done for no insurance as well, as the lack of an MOT invalidates their cover.

I suggest that the OP carefully checks their own insurance policy on this before taking nobbysn*ts' word as gospel.....

With regard to penalties, as the OP says there are no points or previous, would think that six points (the standard for no insurance) and a fine (is the standard fine 200 pounds - not 100% sure) is the likely penalty, but I am not an expert on this.

HO87

There are no "standard fines" as such. Each fine is based on a multiplier applied to a percentage of the defendant's "relevant weekly income" (weekly income minus tax and NI) assessed on the seriousness of the case using a set of criteria to grade culpability.

Rover_Driver

Not having a current MOT or vehicle licence may affect the insurance cover for the vehicle itself, but not necessarily for any third party liability - which is all that is legally required.

KiNeL

Those who assert that no MOT (or TAX) invalidates your insurance are talking out of your ar**es, regardless of what the policy says !

RTA section 148 (1) & (2):

http://www.legislation.gov.uk/ukpga/1988/52/section/148

In a nutshell clauses inserted in policies saying that cover is invalid for reasons, such as a vehicle being in an unroadworthy condition, are spurious and unenforceable.

Your insurance can only be voided by the company writing to you to inform you of their intention to cancel your cover and giving you a precise date and time when that will occur.

They cannot void it after an event.

If you don't know the facts you help nobody by speculating.