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Bit of advice...No insurance..With a bad twist..

geoffky
geoffky Posts: 6,835 Forumite
Well here goes...Sorry about this but this is a friend of mine who does not do internet..

Gets offered a job through a agency for driving a 7.5 ton around as the guy who owns the it has a totting up ban.. Starts work and provides his driving license which is clean...Works for five days driving the guy to jobs around uk...

He gets a police pull as they thought it was a banned driver...told by the police officer that no insurance is also showing...my mate went mad and after a whole lot of crap it turns out that he had not insured my mate to drive...
My mate gets given a 7 day producer from the police who were very sympathetic to his plight.

He has no money for a solicitor and now faces 6 points and a massive hike in his insurance for five years....he is not a happy chappy....
How should he handle this??
Go to court and state special reasons is my way of thinking...any views on this one?
It is nice to see the value of your house going up'' Why ?
Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
If you are planning to upsize the new house will cost more.
If you are planning to downsize your new house will cost more than it should
If you are trying to buy your first house its almost impossible.
«1

Comments

  • d123
    d123 Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    geoffky wrote: »
    Well here goes...Sorry about this but this is a friend of mine who does not do internet..

    Gets offered a job through a agency for driving a 7.5 ton around as the guy who owns the it has a totting up ban.. Starts work and provides his driving license which is clean...Works for five days driving the guy to jobs around uk...

    He gets a police pull as they thought it was a banned driver...told by the police officer that no insurance is also showing...my mate went mad and after a whole lot of crap it turns out that he had not insured my mate to drive...
    My mate gets given a 7 day producer from the police who were very sympathetic to his plight.

    He has no money for a solicitor and now faces 6 points and a massive hike in his insurance for five years....he is not a happy chappy....
    How should he handle this??
    Go to court and state special reasons is my way of thinking...any views on this one?

    I would suggest you take this over to Pepipoo, there are more experts there for insurance offences.
    ====
  • Go to court plead guilty and tell them that as he was employed to drive he assumed the employer would have insurance.

    He should escape points, however a one man band who has been disqualified goes to an agency sounds suspicious. Especially as the truck is on plods hit list.
  • geoffky
    geoffky Posts: 6,835 Forumite
    Thanks will ask on pepipoo..
    ...He is going mental...He says the police were good and said you have been stitched up..hence the 7 day producer.
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
  • geoffky wrote: »
    Thanks will ask on pepipoo..
    ...He is going mental...He says the police were good and said you have been stitched up..hence the 7 day producer.


    Yeah really good, 7 days to produce something he hasn't got.

    First step will be to get something from the agency stating he was employed as a driver.
  • Aretnap
    Aretnap Posts: 5,410 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    He has a defence (not special reasons, a defence which will result in a not guilty verdict) if the vehicle did not belong to him, he was driving it in the course of his employment and he had no reason to believe that insurance was not in place. See subsection 3 here http://www.legislation.gov.uk/ukpga/1988/52/section/143
  • geoffky
    geoffky Posts: 6,835 Forumite
    Aretnap wrote: »
    He has a defence (not special reasons, a defence which will result in a not guilty verdict) if the vehicle did not belong to him, he was driving it in the course of his employment and he had no reason to believe that insurance was not in place. See subsection 3 here http://www.legislation.gov.uk/ukpga/1988/52/section/143
    Thanks for that...Just what is needed...:cool::cool:
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
  • Richard53
    Richard53 Posts: 3,173 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Aretnap wrote: »
    He has a defence (not special reasons, a defence which will result in a not guilty verdict) if the vehicle did not belong to him, he was driving it in the course of his employment and he had no reason to believe that insurance was not in place. See subsection 3 here http://www.legislation.gov.uk/ukpga/1988/52/section/143



    That is my understanding too, having had the same issue arise at my workplace. If driving duties are part of your employment, then you are entitled to assume that the employer has arranged the correct insurance, unless there are specific reasons to think otherwise. The onus is on the employer to show the correct insurance was in place, not the employee.


    Your friend has been stitched up like a kipper, but I am sure that if he is open about what has happened and had documentation to prove he was employed as a driver, he has a good defence. IANAL, obviously.
    If someone is nice to you but rude to the waiter, they are not a nice person.
  • d123 wrote: »
    I would suggest you take this over to Pepipoo, there are more experts there for insurance offences.

    He's been a member of pepipoo since 2007 but chose to post here first.
  • d123
    d123 Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    He's been a member of pepipoo since 2007 but chose to post here first.

    I've just seen that, maybe he had forgotten he joined there ;).
    ====
  • geoffky
    geoffky Posts: 6,835 Forumite
    Passwords dear chaps/chapesses...Lost the lot...so every site i go to...i have to re-apply..but could remember this one..
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
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