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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69984
Experience:  Over 5 years in practice.
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I wondered if you could help. I write on behalf of my

Customer Question

Hello I wondered if you could help. I write on behalf of my sister who had her car impounded when anpr check showed no insurance. There was a single digit error on the insurance document issued but this did not come to light until the next day. She had received a nip or £300 and six points. Do you think the admin error would stand as mitigation or would she risk a harsher penalty if she contests. Many thanks in anticipation
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends.
Do the insurance company confirmed that she was insured to drive that specific vehicle?
Customer: replied 2 years ago.
She has a Clio,they say she was insured for a Megane and although the error could have been initiated by her or themselves, she is at fault for not checking the insurance document for errors at time of issuing.
Expert:  Jo C. replied 2 years ago.
Ok.
So she is not covered?
Customer: replied 2 years ago.
That's what the insurance company have said. I had hoped that a kindly judge might see that she had acted in good faith and that it was an error rather than a deliberate breach of the law. ....
Customer: replied 2 years ago.
Would that be likely or unlikely ??
Expert:  Jo C. replied 2 years ago.
Having no insurance is an offence of strict liability. Either you are insured or you are not. She was not. For that reason, she should plead guilty or she will be convicted after trial.
It is possible to plead guilty and make a special reasons application to avoid the addition of points. Usually though to get home on special reasons you have to show that the error has arisen for other reasons than any error of yours. For instance, an insurance company cancelling a policy by accident and without notification. It is difficult to say how this would go. The wrong Bench would certainly say that it is her responsibility to check her insurance. If she has a history of keeping vehicles insured then with luck a Bench may extend mercy.
If she is being offered the conditional penalty though then obviously refusing that and going to court is a risk.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
No I think that clarifies where we are. I will pass this onto her. It does seem a bit harsh but such is life. Thanks very much for your time. Kind regards, stuart
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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