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Advice Needed RE: Motoring Offences - Speeding & Driving Without Insurance
bearkardashian
Posts: 10 Forumite
Last week my partner was driving my car on the way to part exchange it. We found out today he had been clocked doing 46 in a 40.
This unfortunately is not our only issue. My insurance finished at 10:00 - the time we were due to trade the car in. Only we ran into traffic and the offence took place at 10:26.
It turns out my partner's insurance does not cover him to drive my car because my insurance had already ended at 10:00. Had we not got stuck in traffic we would have arrived on time and he would have been insured.
I now have to return the forms to the police to inform them that he was the driver at the time, leaving him wide open to being prosecuted for driving without insurance (6 points and £200 fine) on top of the 3 points he will have to take for the speeding offence.
1. What is the likelihood they will pick up on him not being covered to drive my car?
2. If he does receive a pentalty for driving without insurance my partner is talking about appealing in court. Does anybody know if we'd even have a case?!?
This unfortunately is not our only issue. My insurance finished at 10:00 - the time we were due to trade the car in. Only we ran into traffic and the offence took place at 10:26.
It turns out my partner's insurance does not cover him to drive my car because my insurance had already ended at 10:00. Had we not got stuck in traffic we would have arrived on time and he would have been insured.
I now have to return the forms to the police to inform them that he was the driver at the time, leaving him wide open to being prosecuted for driving without insurance (6 points and £200 fine) on top of the 3 points he will have to take for the speeding offence.
1. What is the likelihood they will pick up on him not being covered to drive my car?
2. If he does receive a pentalty for driving without insurance my partner is talking about appealing in court. Does anybody know if we'd even have a case?!?
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Comments
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You would be better posting this on pepipoo.com as they are the police/council motoring experts whereas we specialise in private parking issues here on MSE.
You will need an email address to register on pepipoo but please note that a Hotmail account won't work for some reason.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
As above, pepipoo would be your best source of advice, however judging by your post, things dont look that good for you with regards to the speeding, as for the insurance or lack thereof, this may or may not be uncovered.
odds on your partner will have to take the hit for the speeding, and unless you were pulled over for no insurance you may get lucky.
Be warned though - you must not lie, and you must tell the truth, things have gone very wrong for those that haventFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
I would have thought the insurance company would understand given the circumstances (being late) and would cover the extra time as the old car and new car do not overlap, so as insurance was paid for and every second accounted for , no insurance fraud occurred due to a late handover
the old policy would have finished at a later time and date , the changeover period starts when you say and sometimes they allow for such overlaps to occur because you cannot be in the new car whilst driving the old one
as for the speeding, being in a rush to get the new car has cost this person dearly, lesson learned if it cannot be appealed
if a speed awareness course is offered , that person should take it
but as mentioned above, pepipoo is the place to ask0 -
For an offence at that speed you are right on the cusp of the ACPO guidelines as to whether there should be a prosecution at all (10% +2).
If he's not been done before, he may well be offered a driver education course (what I can't tell you is whether they will routinely do an MID search for insurance at the same time). You may gut lucky, but certainly don't be tempted to mislead. People have been sent down for that, which is perverting the course of justice...0 -
They've posted on pepipoo.
Usual advice is return quickly, no letters etc. Nothing to make it seem unusual. My understanding is that the insurance db is not routinely checked , only if it seems an odd case.0
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