License to be Revoked. Advice sought please

TooManyPoints

^^^^  x2
All a good solicitor (or even a bad one) could do would be to present a "Special Reasons" argument. As I said earlier, I believe it would be bound to fail. 

Dr_Crypto

Not a chance of establishing special reasons here.
Not a chance of them agreeing she was in fact insured after she exceeded the mileage limit. 

Don’t waste any money on it. 

Clive_Woody

[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?

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.

A lot of insurers that I have used have had an opt in policy for going paperless (i.e. email only), so if this was the communication method selected then that defence will go nowhere.

Jumblebumble

Clive_Woody said:

[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?

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.

A lot of insurers that I have used have had an opt in policy for going paperless (i.e. email only), so if this was the communication method selected then that defence will go nowhere.

If I were the OP I would be letting the Ombudsman determine if the insurers have acted reasonably regardless of opt in or out

Dr_Crypto

To what end? The Court isn't going to want to know. She wasn't insured. Special reasons will not be entertained based on junk email folders. 

Herzlos

Dr_Crypto said:

To what end? The Court isn't going to want to know. She wasn't insured. Special reasons will not be entertained based on junk email folders. 

Presumably if you can have the insurer reverse the cancellation, there'd be no charge of driving uninsured to deal with and no need to say they'd had a policy cancelled.

Though they'd need to prove that the insurance cancellation was invalid somehow, and that may hinge on whether or not the insurer was meant to write to them in advance.

It's tenuous, but this is going to cost a fortune anyway so you may as well check with a lawyer.

Manxman_in_exile

I can't access my current policy details at the moment, but my previous policy (ended 13 months ago) clearly said that if the insurer was going to cancel they would do so by giving no less than 14 days notice in writing to my last known address.

As I said in an earlier post, I thought that insurers had to give notice of cancelation by snail mail, and that email would not suffice.

EDIT:  I've just found my current car policy (it is SAGA so they probably do everything by snail mail ) it says:  "We may cancel your policy by giving you seven days' notice by recorded delivery letter to your last known address".  I thought notice of cancellation by letter was a legal requirement.

photome

my policy says this about cancellation ( its an online only policy) 
We (or any agent we appoint and who acts with our specific authority) may cancel this policy and/or any additional cover options, where there is a valid reason for doing so, by sending at least 7 days’ written notice to the last known postal and/or email address of the policyholder


looks like email is ok
It may pay the Op to check their own t and c

AdrianC

photome said:

It may pay the Op to check their own t and c

We don't know who the policyholder is. We know for sure it's not the OP.
It's either the daughter, the driver of the car, or the father/ex-husband, who set the policy up and failed to read the emails they acknowledge were received.

Anybody else wondering if the daughter's just a named driver, so fronting added to the mix?

doris540

surely she can read how many miles shes doing