IN10 Help Needed

SeanLove27

Hi guys just wanted some advice.
Yesterday I was stopped for no insurance and was told I'd be receiving 6 points and a £300 fine, I have the option to contest this.
Let me explain why this occurred.
I was looking at the vehicle online and the registration was covered so I couldn't check insurance, so I found an exact match of the car (obviously a different reg) and checked it on gocompare, the price came out okay, so I went and viewed the car etc, I brought it and purchased the insurance, my stupidity though meant i'd brought it on the wrong vehicle reg.
I paid in full and didn't check my paperwork, very stupid error, I was able to tax the vehicle (meaning someone else had left a policy running).
Basically I was wondering do I have a leg to stand on? i understand I'm in the wrong, but to be in the same bracket as someone who goes out driving knowing they have no insurance, not paying the tax I feel is slightly unfair, hence why I am debating contesting it.
Any help would be appreciated!

iainscomputer

No Insurance is a absolute offence, you are guilty, however bad that seems to you.
The only real get out for no insurance is if you were driving a vehicle as part of your employment & that turned out to be uninsured.

marlot

SeanLove27 wrote: »

...I was able to tax the vehicle (meaning someone else had left a policy running)...

Tax is no longer checked at the time of buying VED.

I agree the penalty seems harsh. I don't know of a way to mitigate it - hope you find a way

Sally_A

Hope you went with a decent insurer that will help you out & back you, and could possibly alter the reg no from inception on the MID with a signed statement of events from you: you've paid insurance on an identical vehicle, but forget to change the reg no online to the actual vehicle you bought (not brought...please..this really grinds my gears).

You had no intention to defraud, it was an oversight and honest error - I'd put those facts forward as it would be the same insurance cost if your reg was 123 ABC or ABC 123.

Show the powers that be your policy schedule which should have the same model vehicle on there; fall on your sword and tell them what a silly sausage you've been.

Also the fact that you willingly paid tax on the correct reg no on the day of purchase, gives you a bit more gravitas.

SeanLove27

Also meant to mention, I rang my insurance up after this had happened and swapped the vehicle over, no extra cost just a £50 admin fee, however they have said they will not take blame for the error which I do understand, just as I said I wondered if the fact I had paid it on an identical vehicle and I'd paid the tax gave me enough of an argument

Sally_A

All you can do is be open and honest, I think the fact you paid road tax on the correct reg no will be your saving grace. Also the key phrase is "No intention to defraud"!

£50 for a reg no change? sheesh - which cheapo insurer/broker is that?

SeanLove27

Well going cheap has now come back to bite me, I went third party fire and theft as the car isn't worth much (besides the point) but goskippy, I was with them on a previous vehicle and I was more than happy with them despite poor reviews etc, but it is made clear any change is £50, just one of those things I guess.
Do you have any idea on what costs would be involved if I contested? Also whether I could actually end up worse off than I am now if I lose the appeal?

Crazy_Jamie

You probably should contest this, but you should be absolutely clear as to what it is you are contesting. Trying to contest the actual conviction would seem to be a fruitless endeavour, because it appears that you are actually guilty of it.

However, that does not mean that you are automatically going to receive 6 points and a fine. You can argue that there are 'special reasons' why no penalty should be imposed, and/or you can argue for an absolute discharge. Special reasons are unusual circumstances relating to the commissioning of the offence itself that lead magistrates to conclude that you should not receive penalty points. In no insurance cases that generally means that you have to show that you genuinely believed that you were insured (which you did), and that it was reasonable for you to hold that belief (which you may struggle a little more with). As an alternative you can argue that you should receive an absolute discharge, which essentially comes down to your mitigation. In this case your mitigation will be in the circumstances along with the arguments noted by Sally in her post. The fact that it ultimately didn't cost you any more to change your insurance in terms of premium is also relevant.

It is worth noting that it is possible that neither argument will succeed, and there may be increased costs if you are not successful, but in my view you should strongly consider giving it a go at least.

Sally_A

Just tell the truth, and keep your fingers crossed.

We had one occasion where the same reg no on a new vehicle had been allocated to a motorcycle and a landrover - it got sorted, no charge as it was a genuine error between dealers and DVLA.

Everything is doable, but some cheaper insurers make a song and dance about, and over complicate the matter: to justify their fees and make you squirm a bit.

Officially you could be hung by the nadgers for an IN10/6pts..but by explaining the situation, hopefully they have a modicum of understanding that human error can occur, and you were still paying the correct insurance premium for an identical vehicle (so no increased risk) - albeit you confirmed the online quote with an incorrect reg no.

Also we often get people giving us the wrong reg no, numbers or letters around the wrong way: we just call back and let them know the vehicle for the reg no they gave us is for a double decker bus, not a fiat 500 - easy peasy to put right, and no extra fee in sight.

On a totally different point, you may have got cheaper quotes going for comp cover - not many do TPF&T these days, and you get a broader comparison asking for Comp with a higher excess, even if that excess exceeds the value of the car.

dacouch

iainscomputer wrote: »

No Insurance is a absolute offence, you are guilty, however bad that seems to you.
The only real get out for no insurance is if you were driving a vehicle as part of your employment & that turned out to be uninsured.

Technically No Insurance is not an Absolute Offence (Which is an offence with no potential defences), it's a strict liability offence as it has potential defences

dacouch

Sally has explained the situation very well, in the old days, insurers would normally agree to confirm you were covered as it was a genuine mistake and they have collected a premium that reflected the risk.

I would try contacting them on social media eg twitter or facebook as often the staff manning these have additional authority to intervene which may help as if the right senior person deals with the case they may form the opinion they'll agree you were covered.

If the Insurer confirms (In writing) they would have covered you at the time you were stopped, the police will normally withdraw the conviction