Should I pay or should I go(to court)?
A couple of weeks ago, I was driving home from Cheshire after enjoying a bank holiday weekend in Nantwich with some friends. I was travelling Northbound on the M6 with my young son in my father's Campervan.
I noticed a police car following me but was not worried as I thought everything was in order and I'd not been speeding. You can imagine my surprise when the officer switched on his blues to pull me over.
The officer asked me to sit in his car where he would explain to me why he'd pulled me over, to my horror, he informed me that my dad's vehicle was showing as having no insurance.
I explained that I was convinced the van was insured as I'd checked with my father a few weeks previously before another trip.
The police officer did some more checks and it was confirmed that the van was uninsured. He then allowed me to contact my father to try and get an explanation and to see if my dad could get the vehicle insured immediately. When I rang him, my father was equally shocked and after ringing his insurance company he discovered that his insurance had lapsed at the end of January this year.
My father managed to get insurance there and then and the Police officer sent us on our way after issuing me with a traffic offence report.
When I got home, my father explained to me that the reason he wasn't insured was that he had recently changed his current account from a bank to a building and he was under the impression that his Direct Debit for the Insurance would automatically be transferred over.
My father had been insured with the Camping and Caravan club and his policy had been renewed automatically every year since 2008 but was discontinued when he'd switched accounts.
As far as my dad was concerned, he'd had no notifications from his insurance company to inform him that his insurance had expired but after speaking to them, they informed him that he'd by notified via email.
My dad checked through his emails and found that a renewal notification had indeed been sent but as it had gone straight to Junk, he'd missed it.
I have since received a CONDITIONAL OFFER OF A FIXED PENALTY.
For my 'sins', I'm looking at a fine of £300 and 6 penalty points.
As a working single father, I cannot afford this fine nor the points on my licence, nor can I afford the inevitable increased insurance payments for my own vehicle.
I thing this a harsh penalty for someone who believed everything was in order and wasn't driving a vehicle in the knowledge that it wasn't insured. My father has drafted a letter accepting full responsibility should I contest the allegation in court. My father's insurers have also made a note against his policy that will confirm that his policy had been renewed automatically every year for the last ten years.
Should I fight this in court and risk further court costs or take it on the chin?
I noticed a police car following me but was not worried as I thought everything was in order and I'd not been speeding. You can imagine my surprise when the officer switched on his blues to pull me over.
The officer asked me to sit in his car where he would explain to me why he'd pulled me over, to my horror, he informed me that my dad's vehicle was showing as having no insurance.
I explained that I was convinced the van was insured as I'd checked with my father a few weeks previously before another trip.
The police officer did some more checks and it was confirmed that the van was uninsured. He then allowed me to contact my father to try and get an explanation and to see if my dad could get the vehicle insured immediately. When I rang him, my father was equally shocked and after ringing his insurance company he discovered that his insurance had lapsed at the end of January this year.
My father managed to get insurance there and then and the Police officer sent us on our way after issuing me with a traffic offence report.
When I got home, my father explained to me that the reason he wasn't insured was that he had recently changed his current account from a bank to a building and he was under the impression that his Direct Debit for the Insurance would automatically be transferred over.
My father had been insured with the Camping and Caravan club and his policy had been renewed automatically every year since 2008 but was discontinued when he'd switched accounts.
As far as my dad was concerned, he'd had no notifications from his insurance company to inform him that his insurance had expired but after speaking to them, they informed him that he'd by notified via email.
My dad checked through his emails and found that a renewal notification had indeed been sent but as it had gone straight to Junk, he'd missed it.
I have since received a CONDITIONAL OFFER OF A FIXED PENALTY.
For my 'sins', I'm looking at a fine of £300 and 6 penalty points.
As a working single father, I cannot afford this fine nor the points on my licence, nor can I afford the inevitable increased insurance payments for my own vehicle.
I thing this a harsh penalty for someone who believed everything was in order and wasn't driving a vehicle in the knowledge that it wasn't insured. My father has drafted a letter accepting full responsibility should I contest the allegation in court. My father's insurers have also made a note against his policy that will confirm that his policy had been renewed automatically every year for the last ten years.
Should I fight this in court and risk further court costs or take it on the chin?
0
Comments
-
It is a black white offence, you drove without insurance, end off.
BUT, if you choose to go to court you MAY get a lesser penaulty / less points it is a gamble, you could also get more. I think it would be harsh for you to get more though. Do you drive for a living ?
https://www.first4lawyers.com/personal-law/driving-offence-solicitors/driving-without-insurance/0 -
Take the fine and points. Pleading ignorance isn't an excuse, it's your responsibility as the driver to make sure you are fully legal to do so. If you take it to court the fine and/or points are likely to be higher.0
-
It is a black white offence, you drove without insurance, end off.
Do you drive for a living ?
My job requires me to have a driving license, I don't expect to get any further points on it but I didn't before this either.
If something else like this did ever happen, I would be without a license and a job. Not a position I want to be in as a single father bringing up a 7 year old child.0 -
It is a black white offence, you drove without insurance, end off.
Do you drive for a living ?
My job requires me to have a driving license, I don't expect to get any further points on it but I didn't before this either.
If something else like this did ever happen, I would be without a license and a job. Not a position I want to be in as a single father bringing up a 7 year old child.
Firstly, with regards to affordability of the fine, surely if your father is accepting full responsibility, then hes happy to pay the fine?
Secondly, are you really proposing going to court and saying "i dont think its fair i get 6 points as if i were to break the law again i will lose my licence"? I think the response would be - make sure you dont break the law again.
I'd 8 points at one point a number of years ago and it was a real PITA however it does "focus the mind" when it comes to driving.0 -
Perhaps your father could contribute towards the fine as he must accept some responsibility for what happened. He should consider himself lucky that he wasn't the one who was stopped.0
-
Pleading ignorance isn't an excuse, it's your responsibility as the driver to make sure you are fully legal to do so.
It isn't an excuse, but could be a potential mitigation.
You are guilty of the offence, there is no way around that - but you can ask for a court hearing, plead guilty and suggest that there are "special reasons not to endorse" based on your genuinely held belief that you were insured. If they accept that, you might get away with a sentence lower than the fixed penalty (potentially down to no points).
But - it is risky - courts can be very sceptical about these arguments and could increase the penalty and impose costs in addition if they choose.
Unless the insurance company are willing to backdate his renewal (due to the administrative error) which given he missed their notice sounds unlikely then your only other option is to accept the fixed penalty.0 -
Were you insured under your own insurance to drive other vehicles?
If yes, then perhaps you were legally OK even if the vehicle you were driving wasn't insured. The law or rules are probably complex.
Were you insured on the lapsed insurance that was in your father's name, either as a named driver or under 'any driver' with permission etc?0 -
Head_The_Ball wrote: »Were you insured on the lapsed insurance that was in your father's name, either as a named driver or under 'any driver' with permission etc?
Yes, I had previously been a named driver on his insurance.0 -
"Yes, I had previously been a named driver on his insurance. "
I think you missed the point , did you have a policy entitling you to drive other vehicles not were you a named driver.
That said most have a clause stating the other vehicle must be insured also.0 -
A couple of weeks ago, I was driving home from Cheshire after enjoying a bank holiday weekend in Nantwich with some friends. I was travelling Northbound on the M6 with my young son in my father's Campervan.
I noticed a police car following me but was not worried as I thought everything was in order and I'd not been speeding. You can imagine my surprise when the officer switched on his blues to pull me over.
The officer asked me to sit in his car where he would explain to me why he'd pulled me over, to my horror, he informed me that my dad's vehicle was showing as having no insurance.
I explained that I was convinced the van was insured as I'd checked with my father a few weeks previously before another trip.
The police officer did some more checks and it was confirmed that the van was uninsured. He then allowed me to contact my father to try and get an explanation and to see if my dad could get the vehicle insured immediately. When I rang him, my father was equally shocked and after ringing his insurance company he discovered that his insurance had lapsed at the end of January this year.
My father managed to get insurance there and then and the Police officer sent us on our way after issuing me with a traffic offence report.
When I got home, my father explained to me that the reason he wasn't insured was that he had recently changed his current account from a bank to a building and he was under the impression that his Direct Debit for the Insurance would automatically be transferred over.
My father had been insured with the Camping and Caravan club and his policy had been renewed automatically every year since 2008 but was discontinued when he'd switched accounts.
As far as my dad was concerned, he'd had no notifications from his insurance company to inform him that his insurance had expired but after speaking to them, they informed him that he'd by notified via email.
My dad checked through his emails and found that a renewal notification had indeed been sent but as it had gone straight to Junk, he'd missed it.
I have since received a CONDITIONAL OFFER OF A FIXED PENALTY.
For my 'sins', I'm looking at a fine of £300 and 6 penalty points.
As a working single father, I cannot afford this fine nor the points on my licence, nor can I afford the inevitable increased insurance payments for my own vehicle.
I thing this a harsh penalty for someone who believed everything was in order and wasn't driving a vehicle in the knowledge that it wasn't insured. My father has drafted a letter accepting full responsibility should I contest the allegation in court. My father's insurers have also made a note against his policy that will confirm that his policy had been renewed automatically every year for the last ten years.
Should I fight this in court and risk further court costs or take it on the chin?
If the insurance lapsed because the policy term was up then you have no defence.
Accept the ticker and get it paid. That’s the cheapest way out.
You should have checked you were covered before you took it on the road.0
This discussion has been closed.
Categories
- All Categories
- 343K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.6K Spending & Discounts
- 235.1K Work, Benefits & Business
- 607.8K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards