I was stopped for not having insurance. The car I was driving is mine. I have fully comprehensive insurance on another vehicle, and i have always had insurance and would never knowingly drive a car without 3rd party insurance and permission - The car i was stopped in had been in a car sales shop for the past 107 days as 'for sale' - the dealership had failed to sell it so I contacted another dealer who offered to buy it from me in part exchange, which i accepted. I asked the original dealership to MOT it and tax it for 6 months so I could then pick the car up and drive it to the other dealership. I picked the car up on Friday and was driving it to the new dealership on the Sunday (fathers day). Ironically my intentions were (and subsequently has been arranged) to buy my brother a car so that he and his wife could transport their new son. After being stopped, my car being towed away, me having to take out a years policy specifically for the car in order to recover it, paying the tow away and storage fee, collecting the car, taking it to the dealership and exchanging it for another car (which will be registered in my brothers name) and finally this Friday taking my brother to collect his new car as a gift for becoming a new dad, I am hoping that somewhere along the line someone will acknowledge that at no point did I ever intend to commit and offence - i would have never intentionally driven had i known better that my existing insurance would NOT cover me 3rd party and i criticise those who knowingly drive without insurance because they know they are in the wrong - I admit to the offence and hold my hands up but would I have any case to plead with a court to lower the points on the basis its my first offence and I genuinely did not know (through my own ignorance) that my existing cover on my other car would not qualify me to move my other car to another dealership. Any help would be greatly appreciated.
Province/Country relating to question : UK
On-line forums only but nothing similar in terms of the circumstances apart from naivety from the general public such as myself
HiThank you for your question and welcome to Just Answer. I will try to help with this.Do you have any points?
Hello,No points - i was told i will get 6 points and a £200.00 fine for this offenceHope this helps
OK. Lets try to narrow this down.I presume that you do accept at least now that you were not insured to drive this vehicle?
Yes. I made an error based on presumptions relating to what insurance I had or needed in order to have the vehicle on the road - the fact that I undertook arranging an MOT and TAX for the car was to ensure it was legal on the road and if I had known that I needed a separate insurance policy I would have gladly taken out a short term one to cover me. I have just handed back a Nissan Leaf after a trial period of one month for which I had to take out a separate insurance policy because they advised me to so it would be fully comprehensively covered. I'm hoping that a court will consider the fact that I never meant to drive a car uninsured - I am very regretful for this and will accept a punishment but 6 points and £200.00 seems considerable and I don't think my intentions were the same as other 801 offenders who knowingly choose to flout the law.Many thanks for your help on this matter
When were you stopped? What was the date?
Sunday 17th June 2012
I presume that they did not then give you a fixed penalty fine?
Yes they gave me a fixed penalty fine. They told it the fine was £200.00 plus 6 penalty points and told me i had 28 days to pay unless I go to court with it. They also took my licence (both parts) to send off to the DVLA. I have not paid the fine yet because I am considering what my options are in terms going to court or not.
I see what you are asking.To be wholly honest, you should really accept the fine and pay urgently while its still available.Come what may you had no insurance. That is an offence of strict liability. There is no defence arising from the fact that it was a mistake. There is certainly no defence arising from the fact that its your first offence.You could refuse the fixed penalty fine and go to court and ask them not to add points on the basis that there are special reasons but it would be a bad idea here basically because there really were no special reasons. Special reasons arises in circumstances such as where the insurance company cancel by accident. Thats not your position here. You were just uninsured.The best hope that you would have really is that they would forget to summons you which does sometimes happen. But the risk is that they will summons you and then you will get 6 points, a much higher fine and court costs.You can also make representations to them to avoid prosecution but it would be unlikely to succeed. There really isn't a public interest point here. I'm really sorry but you were not insured and they are likely to think there is a public interest in prosecuting you for that.Sorry thats not the answer you wanted but it is the position you face and I have a duty to give you truthful and accurate information whether or not its what I would like to say.Please rate my answer with three stars or above and then I will be happy to continue for free.
Bar Exams, over 5 years in practice
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).