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Driving in the UK without insurance (genuine mistake)? |
My partner was recently pulled over by the police and was given a producer, he went to get the documents from his parents house (who he does not speak to anymore) to find a letter from his insurers saying they had to cancel the insurance policy because he hadnt proved his no claims. He gave the police his new address to send the summons to, only we have not received it, this was 5 months ago. Today the police have towed his car, and now he is convinced if he goes to the police station they are going to keep him in as he thinks they sent the summons to his parents address. Does anyone have any advice for us? many thanks in advance. Thanks to everyone for your adivce, yes he did have a license, he was a few days off his 2 year, 12 point allowance. Gutted! You must have known you did'nt have an insurance policy. I have no sympathy. Tell the truth, it's always the best policy. They can investigate and find out where the letter was sent to, another person cannot tamper with anyone's mail by law. If he had supplied the correct address and they still sent the summons elsewhere then that can be investigated too. i very much doubt they'd keep him in for a motoring offence which isn't causing anyone else any harm when there are teenagers stabbing each other on the streets and taking up police cells. sorry, we were in a similar situation and i let my partner borrow the car (thought he was insured). i have had 6 points on my licence for letting him use it, and a 拢280 fine. He has not had his fine or points through yet; and this has been going on since November 07. He was presumably driving without a Certificate of Insurance. That is his fault, not an oversight, and illegal. If what you state is actually true and you can honestly state under oath you never recieved the cancellation notice then the courts will take this into account when it come to sentencing, but the offence is a "ABSOULTE" offence no insurance cover note or certificate or a letter stating you would have been covered from the insurance company then you have not got a hope of being found not guilty. You can't plead ignorance to the police, but you could try it to the insurance company by saying you didn't receive the cancellation notice and you did send proof of no claims. This line may be particularly usefull if he was paying by direct debit and they've continued to take the premium So 5 months ago he was stopped? Today the police towed his car? Go to the Citizens Advice Bureau and get some free legal advice from a lawyer with experience of this type of thing. Don't rely on the police to be reasonable or exercise discretion- if you get a cop in a bad mood or a rookie you may be charged Just go to the police station and try to explain whats happened,the longer you leave it the worse it gets and it's not that serious an offence it's road traffic not criminal this is an absolute offence, he was either insured or not. If he wants to go and get the car back thats up to him. If he goes to court he can state his case and that may limit the punishment meted out. Good luck What did they tow his car for? Just take your current insurance (which you now have?) licence, log book etc to the storage yard, pay the money and collect it. www.citizensadvice.org.uk Get a lawywer , solicitor to go to nick with him... Should work out OK The police won't keep him in over this unless a summons has been sent out from the court and the case has been heard in his absence and a warrant has been posted for his arrest. I assume that if documents are being sent to the parent's house then the car and driving license are registered at that addess? |
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