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Fixed Penalty Notice - Disproportionate
Comments
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A standard letter in reply to your letter asking if you are covered would normally not be sufficient for the police. They would normally require either a certificate confirm it was covered as of the time of the ticket or a letter of indemnity confirming it was covered and they would have paid claims for business use at the time of the ticket
Its not the police that have to be convinced. This will probably end up being sorted out in court. I'm not a legal expert but I assume the OPs certificate of insurance together with written confirmation it was valid at the time of the incident should be enough.0 -
Yes but that was long ago and spent. Also quite a different offenceChippy_Minton wrote: »NO, your three points for speeding was your first offence.0 -
No he didnt contact my insurer. He made his own concludsionsThat would depend on the specific insurance policy. If it were me, I'd ask my insurance company for a statement in writing of whether my policy on that day would have been valid for that purpose under those circumstances. If the written reply is positive, I'd take the matter to court with that as evidence.
@OP, did the police actually check with your insurance company at the roadside? or just jump to a conclusion and reel off the ticket?0 -
thescouselander wrote: »Its not the police that have to be convinced. This will probably end up being sorted out in court. I'm not a legal expert but I assume the OPs certificate of insurance together with written confirmation it was valid at the time of the incident should be enough.
Technically they normally only accept a valid Certificate or failing that a Letter of Indemnity (Or confirmation of a £500k deposit lodged with the Government) which is an official letter confirming they would have indemnified the policyholder at the time of the offence.
Courts sometimes accept a normal letter however there is no guarantee they will as a normal letter from the Insurers does not technically satisfy the requirements of the RTA so the court may not accept it. It would therefore be best for the OP to ask for a Letter of Indemnity from the Insurer rather than just a simple letter from the customer services0 -
How ridiculous. No wonder nobody has any respect for the police anymore, all they care about is going for easy targets to get their stats up.0
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How does that fit in with the OP's post 1?Assuming you don’t do a lot of grass cutting for payment then I think I’d write to my insurance company and ask them……...
However I do very occasionally do some mowing for a local old lady, she reimburses my out of pocket expenses, normally about £10.
Can't think how £12.50 for cutting a lawn or lawns could be out of pocket expenses. The OP accepted that is earnings rather than expenses, though I'm sure there are some exes in the fee.I was on my way to cut someones lawn. It was a job on the side for which I would earn just £12.50
I too think the penalty is rather harsh but a fixed penalty is just that - fixed. The cop had discretion not to issue a ticket - which is what he did in respect of no seat belt.
I would be very careful not to misrepresent the situation either to your insurer or to a court if you opt not to accept the FPN based on some of the comments on this thread.
Given you've posted on a public forum, I take it you include these earnings on your self-assessment along with your IT earnings?
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You are not covered to drive to a place of work away from your normal place of work as a one off on a normal policy. You would either need Class One Business Use or to have agreed it with your Insurers.
A normal policy eg the type of cover the majority of people take cover for covers them for Social, Domestic, and Pleasure and Commuting to and from their normal place of work
You are covered with Direct Line according to their FAQs They always used to provide cover in "connection with the policy holders business", I used to ask for a reduction as I didn't need it but they always said no, it is standard
Q: Am I covered for commuting?
A: You can use your vehicle to drive to and from a permanent place of work. To use your vehicle to travel to and from different places of work will not cost you anything. This is provided as standard if you buy your policy online. If you called for a quote or are uncertain please contact us for confirmation.0 -
A standard letter in reply to your letter asking if you are covered would normally not be sufficient for the police. They would normally require either a certificate confirm it was covered as of the time of the ticket or a letter of indemnity confirming it was covered and they would have paid claims for business use at the time of the ticket
My point was that because it was a one off for next to no money (out of pocket expenses?) for a local old lady then it could well be covered under the SDP policy0 -
That will be because Direct Line automatically cover all of their clients for Business Use for the policy holder except for certain occupations. Thus all their clients (Except the excluded occupations) can drive to and from work and to various places of work as this is covered.
Because of how competitive the UK car insurance market is most companies do not automatically cover you to drive in connection with your business as its an optional extra generally subject to an extra charge0 -
My point was that because it was a one off for next to no money (out of pocket expenses?) for a local old lady then it could well be covered under the SDP policy
He has not stated it was a one off.
As the police / a court are involved the Insurers will normally want to do everything by the book as they have to ensure any information / documents they supply are correct. The matter will normally go through to an underwritter who will look into the matter and make an assesement based on how that Insurer deal with business use. As Pompey said there are some Insurers who do not mind it if its occassional for your normal job, however as its an additional job this will have an influence on their decision.
It's pointless trying to conceal that its a business if it is as they will look at it as a business if their is an element of profit in it and most underwritters will now days google his phone number and gardeners in his area to see if he advertises.
His best bet is to contact his Insurers, tell them the entire truth and see what their response is. They may be happy to confirm he was covered, or ask him to pay an extra he should have paid and then confirm he is covered or they may say he was not covered.0
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