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wellyphant

Should I pay or should I go(to court)?

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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?

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Ignorance is no excuse in law, so the saying goes.

 

Not having a pop at you mate, but how many times have the coppers heard your story ? hundreds if not thousands of times.

 

Being automatically covered means nothing to them, in a nutshell your were driving an uninsured vehicle at that time, which as you know is illegal mate, that's what the copper done you for. Sounds harsh but that's life.

 

One thing to think of, if you do contest it, will the magistrate take a harsher road and bang you with a higher fine and more points ? As you say


"La conclusión es que los insultos sólo perjudican cuando vienen de alguien que respeto". e5006689.gif

“Vescere bracis meis”

 

 

 

 

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I am afraid that you committed the offence, knowingly or not. It is not about guilt or innocence, it is about guilty with mitigating circumstances. Driving with no insurance will always attract steep penalties and if you decide to fight it the penalties could become steeper.

I don't think you have much choice TBH.

Could you ask them for time to pay?

It could have been worse, they could have just seized the vehicle.


Let's agree to respect each others views, no matter how wrong yours may be.

 

 

Never attribute to malice that which can be adequately explained by stupidity

 

 

 

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http://www.safetypublishing.ie/

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Unfortunately, driving without insurance is an absolute liability offence. If you drive without insurance, you commit the offence, even if you do so in good faith believing that you are insured.

 

I don't suppose you have a personal policy which includes cover to drive other cars?

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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.

 

It's a no brainer then isn't it?

You go to the court and put on your best dewey eyes.

You are guilty of the offence but were acting in good faith.

It's pretty unlikely that the court is going to increase the fine

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If you go to court you will fill out a form telling them your financial conditions and that should be what they base the fine on .

Saying that your in the realm of people who think their more important than you and will fine you anything they can thinking this.

 

Unfortunately your within my adage of breaking the law but with the realisation of suffering the consequences of doing so and as mentioned ignorance is no excuse in law !

 

Pay up or take the chance the courts maybe lenient but with the knowledge they may not if someone got out of bed on the wrong side!

 

I havnt driven for a few years but i thought the driving another persons car needed a separate bit of insurance for yourself unless you are on the owners insurance as another driver ?

Your lucky you (i presume) are already a holder of a licence that allows driving a motorhome many are going to court using trailers etc as the catagories seem to be changing every two minutes.

 

Go to citizens advice to see how it works today ,last time i had a court hearing i pleaded guilty by post lol

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Believe NOTHING anyones says or writes unless you witness it yourself and even then your eyes can deceive you

 

There is only one opinion i listen to ,its mine and its ALWAYS right even when its wrong

 

Its far easier to curse the darkness than light one candle

 

Mathew 4:19

Grangers law : anything i say will  turn out the opposite or not happen at all!

 

"To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical." Thomas Jefferson

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"believed everything was in order and wasn't driving a vehicle in the knowledge that it wasn't insured". It's not about belief it's abought knowledge. Don't drive a vehicle without KNOWING you are insured to drive it. Don't take ANYONES word you are insured. You have to be able to show you are.

 

If you can't show it you don't know it.


The problem isn't what people don't know, it's what they know that just ain't so.
Vaut mieux ne rien dire et passer pour un con que de parler et prouver que t'en est un!
Mi, ch’fais toudis à m’mote

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What Steve Says, do you have your own insurance in your own name?

 

If so check to see if it covers you for driving a vehicle "Not belonging to you, nor hired to you as part of a hire purchase agreement"

 

In any case speak to me by PM and I'll try and help you out.


Want to buy a berleybomb? email sales( remove brackets@)berleybomb.com

 

"My imaginary friend doesn't like your imaginary friend is no basis for armed conflict...."

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Unfortunately, driving without insurance is an absolute liability offence. If you drive without insurance, you commit the offence, even if you do so in good faith believing that you are insured.

 

I don't suppose you have a personal policy which includes cover to drive other cars?

With that kind of policy the other vehicle also needs to be insured by the owner.

 

Only your own trade insurance allows you to drive any car that isnt insured by the owner/whayever. Need to prove your driving the car in a 'trade' capacity though, meaning not personal/leasure

Edited by Andy_1984

Owner of Tacklesack.co.uk


Moderator at The-Pikers-Pit.co.uk

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