Penalty for no insurance?
Hi, just got caught with no insurance, what kind of penalty do you think I'm facing..
got sp30 already & 3 points.. paid insurance every month, tax, mot etc
Problem was I got a quote and paid deposit for new insurance to start on 2nd feb,
started driving again from 2nd feb,
got pulled, 6th feb for no insurance.
checked certificate - states start date of 15th feb, no idea how thats happened,
produced out of time certificate next morning at station
going to court, any ideas what i'm facing? anyone had similar problem?
According to a motoring legal advice site:
"6–8 penalty points plus a fine, although in certain circumstances, an instant ban will be imposed. The fine, which is means tested, can be up to £5,000."
I can sympathise with you providing you genuinely didn't realise your cover didn't start until the 15th, and that you would never deliberately drive without insurance, however the police/court will probably say that you should have checked the certificate before getting in the car, and that whether you were knowingly uninsured or not is irrelevant because you still committed the offence so there has to be a punishment.
On this forum there are occasionally people who post saying they thought they were insured but their insurance company/main policy holder has cancelled their policy without telling them. Sadly, as unfair as this is, people can still be prosecuted for this.
Fingers crossed, if you are an honest person who would never knowingly drive without insurance, they might have some understanding with you - 'mens rea' etc. Good luck.
Last edited by 98selitb; 08-02-09 at 15:36.
My advice would be to get hold of whatever documents you have that show your intention for your insurance to start on the 2nd. (If you did it through an internet site, print off what you can.) Take these and your old certificate that shows your last policy expired on the 2nd, and the new certificate which shows cover from the 15th, to Court with you. As I see it, all you can do is plead Guilty to the offence, but offer your paperwork, and you intent, as a plea of Mitigation. I wouldn't expect to get off scot-free, but if you can prove your intent, and show remorse over your failure to check the details, you 'may' get a more lenient punishment.
To be honest it sounds like it was a mistake made by your insurance company. According to what you said, you asked for it to start on the 2nd and they made a mistake and set it up for the 15th.
All telephone calls are recorded when dealing with insurance as it is an FSA regulation. I would call your company and ask them to do a tapepull for the original phonecall to check if they didn't make a mistake. If they have and it costs you a fine because of it, I would seek them to pay out the fine themselves as it is their fault the insurance wasn't set up at the time agreed.
Had insurance when i was on a provisional license, however i was not accompanied by a licensed driver.
Due to my children being ill i got let off with 6 points and £160 costs, but depends wot da judge is like on da day, cos they wanted to ban me, and they basically told me to give them a reason why they shouldnt in my case i was going back and for to the hospital and needed transport.
My friend got caught a couple of months before and didnt even hold a provisonal license and drove my car, so had no insurance and he got £150 fine and 2 month ban but he already had conviction.
Ive found dat cos i accepted da point my insurance has not been affected, but his insurance for being banned is through the roof.
good luck hope you get a nice judge
Have you since then passed your test and got a full licence? If so, did you reveal the points to the insurer when you insured your car under your new, full licence?
Originally Posted by rachel.parker2
I simply cannot understand/imagine how any insurer would overlook the fact that you have 6 points if they are aware that you have them. If you have been 100% honest with your insurer you have been extremely lucky.
To Fodsy regarding the OP: it does seem like a mistake by the insurer but knowing them, they will probably try and get out of it by saying mistake or not, the OP should have checked the insurance certificate before driving the car.
Last edited by 98selitb; 11-02-09 at 22:21.
Passed my test 3 1/2 months ago, and all is revealed to my insuance company, apparantly if you dont tell them about your points you can get done for it.
However i am with quinn direct and was with them for nearly 2years before i got caught driving, the only thing i cant do is get a quote online by this company because i got points you have to ring them, but with most others they do it online but this insurer is the cheapest quote i found, which my insurance now with 6 points and only being 22 years of age is only £300 a year and dats with a full license and 1 years no claims discount.
Does anyone know any good Solicitors that would be of help in my court case?
Also, what date does the ban count for as from Aug 09 I'll be a 2yr old driver so 6-8 points won't ban me. Does it go from the offence date, or the court date?
How long does a summons take? It's been a 2-3 week now..
A driving ban starts from the date of your conviction in Court. I would think you would be summonsed for before Aug 09, and the CPS will be aware of any date relevance so you may well be summonsed in the near future. If you want a reference for a good solicitor, what area are you in?
dont bet on it being in any time soon, it could take months, mine did.
Most people think that they will get away with it just because it hasent been recived yet, well give it time it will definatly come (unfortunatly).
Make sure when you do get it through that you take any information you can that will back you up.
However when i went to court i asked for a duty solicitor, but they would not allow me to have one they said i couldnt because i didnt have insurance, even though i was paying insurance and just didnt have a licensed driver, they did not take this into consideration.
Im not sure wot would apply if you get your own solicitor.