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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20068
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi on the 24/04/13 i was stopped by the police and recieved

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Hi on the 24/04/13 i was stopped by the police and recieved a fixed penalty for no insurance at the time i thought i had insurance but because i work away from home was uncertain, i paid my fine and sent away my licence and recieved 6 points (in10) about 1 week later i found a current insurance document that was i thought still valid for that vehicle. when the police stopped me they carried out an insurance check and confirmed that i had no insurance on the vehicle, what i had failed to do was notify my insurance company that i had changed the number plate on the vehicle previously and thats why no insurance could be found during the check, i know it was my fault for not informing the insurance company so i decided to call them to see if my insurance would still be valid for that vehicle although i had failed to inform them of the change, i was told yes at the time by the gentleman that i spoke to providing there had been no modifications to the vehicle which there wasn't, i then went away to work at sea about a week later i called my insurance company again and tried to explain to them that i was going to recieve six points for this offence and they immediatly cancelled my policy on my multi car policy which i share with my partner and refused to discuss it any further with me, i realise that the fault was my own but really did think i was covered, up and till this time my licence has been clean since passing my test over 15 years ago, i have always kept everything in order with things like tax insurance mots etc and can honestly say this was a oversight on my part could you please advise me if i could have the sentence reduced to remove the IN 10 from my licence or at least reduce the sentence, i am working overseas at the moment and am no longer able to get a hire car or anything like that because this is classed as major endorsement.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 1 year ago.
I would like to appeal if possible against my sentence of the IN10 on my driving licence
Expert:  Jo C. replied 1 year ago.
On what basis please?
Customer: replied 1 year ago.
Because I had an insurance covering me for the vehicle at the time
Expert:  Jo C. replied 1 year ago.
But it was cancelled because you failed to notify?

Is that not what happened?
Customer: replied 1 year ago.
The first phone call I made to my insurance company said the insurance would be valid, the second phone call I told them that I would be receiving 6 points for no insurance and that's when it was cancelled
Expert:  Jo C. replied 1 year ago.
Do your insurance company say that you were insured on that day?
Customer: replied 1 year ago.
The first phone call I made to my insurance company after I was pulled over to enquire about it was answered by a young gentleman and he told me the insurance would be ok providing there where no modifications to the vehicle which there wasent
Expert:  Jo C. replied 1 year ago.
Would it be possible to give me the information I asked for ? Sorry to press this but its pivotal.
Customer: replied 1 year ago.
I was told by my insurance company that I was insured for that day
Expert:  Jo C. replied 1 year ago.
Yes, but did they subsequently give you different information?

Would you mind being a bit clearer about this? You are anonymous on here but if you don't give you me complete information this answer will be wrong and you will end up paying costs on court.
Customer: replied 1 year ago.
They did not give me any other information than to tell me I was covered for that day on that first phone call, on the second phone call I made to them to inform them that I would be possibly receiving six points on my licence for no insurance is when they told me I can no longer use there services because of the no insurance penalty.
Expert:  Jo C. replied 1 year ago.
Thanks.

I'm going to need some time to look into your options as you are way out of time and you accepted the fixed penalty but, given the fact that the insurance company said you were covered, I know that something can be done.

I can look it up for you in about an hour when I get to Wilkinsons if thats ok?
Customer: replied 1 year ago.
Thank you
Expert:  Jo C. replied 1 year ago.
No problem.

All the best
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.

This is a really difficult issue and the only thing I can uncover is judicial review.

Come what may, this is a fixed penalty. Its not a guilty plea plea or a conviction. You can appeal a guilty plea or a conviction to the court of appeal. You are out of time to do even that but you can raise a claim there is fresh evidence. They may not have liked the delay anyway but that falls away as this is not a conviction.

This is a fixed penalty though. There is no appeal from that basically because your appeal is to refuse the fixed penalty and go to Court.

The route of appeal that I can think of for you at this stage is to write to the Chief Constable asking them to reopen your case. They will refuse and then you could judicially review that decision as you can prove that you were insured.

If you give me about 30 mins I will ask some others if there is anything else they can think of for you.

Jo
Expert:  Stuart J replied 1 year ago.


I have been asked to look at this for you to provide another
opinion.

I think the new should write to the Chief Constable as suggested
by my colleague, but you do need a statement outlining the circumstances and
you do need a letter from the insurance company which says quite specifically
that the car registered number (the one that you are in) is insured and was
insured and that the reason it would not show on their database was that big
costs there had been a change of cherished number.



Ask the chief Constable to reopen the case with a view to
getting the fixed penalty revoked and the points removed from the licence.



You need to explain that you simply could not get proof of
insurance until now and at the time, you could not find your insurance
certificate and therefore you had no option but to accept the fixed penalty.



The Chief Constable has this in his power to do but as my
colleague said, he may or may not do it on TV does not, you are faced with
making an application to court for judicial review of the decision not to
reopen your case. Be aware that a successful judicial review does not change
the decision, simply makes the decision making process be revisited. The end
decision may be the same.

 



Please do not forget to give my colleagues answer a positive
rating and not mine because all I did was give a second opinion.

Regards

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20068
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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