License to be Revoked. Advice sought please

Mercdriver

facade said:

lordmountararat said:

Unbelievable that people apparently don't check their junk folder!

I never check mine, unless I'm expecting something that has gone missing....

I used to only rarely check mine until an email from someone marked as VIP in my icloud email account ended up in junk and almost cost me a 5 figure contract.  Now I check it at least once a week.

TooManyPoints

Whoever told her she can appeal is incorrect. She has nothing to appeal at the moment as she has not been convicted of anything. What she can do is decline the fixed penalty and ask for the matter to be dealt with in court. There she can either plead Not Guilty or plead guilty and ask the court to find that there are "Special Reasons" not to endorse her licence. Those reasons have to be connected to the offence itself and not to the effect that the penalty will have on her. Neither has the remotest chance of success and the costs involved - especially if she chooses the former - will be considerably greater than the fixed penalty, as has been explained.

She has no right to appeal against the revocation that will follow. It is an administrative process automatically undertaken by the DVLA, not a judicial decision taken by the court.

Clive_Woody

If she goes to court I suspect the judge would simply ask if she was aware of the mileage limit on her policy and if so why did she not stop driving or contact her insurers when she reached that limit. The whole junk mail thing is irrelevant and I don't think is going to get her off here. As a motorist you are responsible for ensuring that you have insurance in place, and understanding the terms of that cover.

spiro

Clive_Woody said:

If she goes to court I suspect the judge would simply ask if she was aware of the mileage limit on her policy and if so why did she not stop driving or contact her insurers when she reached that limit. The whole junk mail thing is irrelevant and I don't think is going to get her off here. As a motorist you are responsible for ensuring that you have insurance in place, and understanding the terms of that cover.

All she had to do was put a sticker on the dash with the mileage limit. Simplees.

born_again

Also highlights another reason why no one else should set up & pay for anyone else's insurance.
Gift them the money and let them pay and set it up themselves.

George_Michael

I'd just be interested in knowing how much the premium for the new policy was considering it's for someone who has been driving under a year, has zero no claims, has a pending conviction for no insurance and has a cancelled policy.

Mercdriver

George_Michael said:

I'd just be interested in knowing how much the premium for the new policy was considering it's for someone who has been driving under a year, has zero no claims, has a pending conviction for no insurance and has a cancelled policy.

Somewhere around a rusty nail in the eye pain level I suspect.

Manxman_in_exile

I always thought that insurance companies had to give prior written notice (by post) of cancellation.  Are emails sufficient?

(Apart from that I agree that the daughter has no defence.  How could you go over a mileage limit if your insurance is conditional on it?  And always arrange your own insurance - even if someone else is paying)

[Deleted User]

There might be a way to recover.

First you need to complain to the insurance company for not making more effort to contact you. Email is unreliable and they have an address on file, and probably a phone number. Why didn't they call or write to you?

As part of putting this right you need to ask them to provide a letter stating that they made a mistake and as a consequence your daughter unwittingly broke the law.

With that and a good solicitor you might be able to argue for a lesser punishment.

shaun_from_Africa

[DELETED USER] said:

There might be a way to recover.

First you need to complain to the insurance company for not making more effort to contact you. Email is unreliable and they have an address on file, and probably a phone number. Why didn't they call or write to you?

What was unreliable about the emails sent?
They were sent to and received at the email address that the OPs daughter had registered with the insurance company. It's not their fault or responsibility If the spam folder was not set up properly or checked occasionally to see what was in there.
I can't see any possibility of a lesser punishment simply because there is no dispute that the offence was committed and the minimum penalty that can be given is 6 points.

Many companies operate on an electronic basis nowadays with all communications being done via email which is why it's essential to make sure that you give them contact details that you can be reached at.

I'm sure that the T&Cs agreed by the OPs daughter would have stipulated that if the stated mileage was exceeded then the policy would be cancelled.