Court summons for driving without insurance (also posted under road rules)

[sue11]

Hello, I am posting this question on behalf of one of my employees. As his current motor insurance was due to run out on the 30th October 09, he decided to shop around and found a new policy which was cheaper. He took out the new insurance and received his new policy details, but unfortunately did not double check the start date of the new insurance. He was out driving in his car on the 30th October and was to his knowlege at that point, fully insured. He was stopped by the police (I presume that he was caught out by the number plate recognition euipment) and the police asked him for his insurance details. He had these on him, but was then shocked to find out the his new insurance did not start until 31st October, the next day. At that point the police simply asked him to provide further details at the police station, which he did, but then he received court summons for driving without insurance. He had absolutely no intention of trying avoid taking out insurance as he had already taken out the new policy and had the papers on him. He is kicking himself that he did not check the policy details when they came through. He is perfectly prepared to pay a fine for this as it was his own fault for not checking, but would like to try to avoid points as he feels it was a geniune mistake. Has anyone got any advice as to what he could expect from the court? Is there a chance that it would be dismissed as it is very obvious that this is an error and not a deliberate attempt to drive with no insurance?
Thanks for any advice given
Sue

[R1Geezer]

The beak has no choices, at least 6 points + some sort of fine, end of. There is no mitigation. I always check the the MID before driving when I change/renew insurance, that's what plod uses, if you aint on there you will be stopped.
http://www.askmid.com/

[R1Geezer]

I presume the worry about the points is because he will end up getting to 12 and get a ban for totting up. If that's the case then he's almost certain to get a 6 month ban too although they have descretion there if it can be shown that he'll lose his job and put a whole family on benefits for example, that will also depend on form generally though. It's easy after the event but with the MID in force and traffic cars equiped with plate reading technology, driving without insurance will get you stopped.

[sue11]

Oh dear,thank you very much for your reply, I do not think he has any points on his licence at all, the worry is the extra premium that could be applied on renewal of his insurance next year if he gets any points on his licence.
It was his own error for not checking more carefully, so it will be a lesson learnt by him.
Cheers
Sue

[magicmerlin]

From the information you have given your friend is covered as the old insurance expired on the 30th and the new one commenced on the 31st.

It could be that when stopped your friend did not tell the police that he was insured with a different company upto 30th.

If your friend goes to police/court with copies of both insurance certificates showing that the car did have continuous insurance cover then I can't see why he/she should get any penalty.

[sue11]

Thanks for your further responses, I think the case is that the old insurance expired before the new one started as md0098 stated at midnight on 30th and the new one started a day later. I will ensure that he takes all relavent policy details in, both old and new so that he can show that he was in fact fully insured up to that point.
I will let you all know the outcome of the case as it is being heard on Tues 16th Feb.
Many thanks
Sue

[magicmerlin]

Insurance usually ends at midnight on the date stated and renewal usually starts at 00.01 the following day. In theory there is a gap of 1 minute but I think this is usually ignored.

Once again, take copies (not originals) to court.

[oldmaggie]

Go to court,, take all relevant paperwork, tell the bench what you have told us and if it is genuine mistake hopefully case will be dismissed. Let us know what happens

[oldmaggie]

forgot to add do take originals but make sure you get them back after the magistrates have looked at the papers

[dothawkes31]

When he was arranging the new insurance he will have been asked when he wanted the new policy to start, if he has told them 00:01 on the 31st then he was covered, but it's very odd if he das been summoned when his old policy was still active on the 30th, unless he had already cancelled it with his old insurers

[sue11]

Hello all, my employee has now attended court and was given a £400 fine and 2 points on his licence. I felt this was harsh, but on discussing this with othes have found out that he could have been given up to 9 points on his licence. I think it is a lesson learned for him, but a very tough one. He is a most honest and trustworthy young man and I can guarantee that this would have been an honest mistake on his part. However he should have double checked his insurance, he admitted to me that it was his mistake and he gave the wrong date to the new insurers, I know he will not do this again!
I very much hope for his sake that it will not cost him too dearly when he comes to renew his insurance next year!
Many thanks for all your responses.
Sue

[dothawkes31]

he will have to pay more or his insurance when it comes up for renewal and show them a copy of his 2 part license with the points added

[magicmerlin]

Why did you post question in 2 places? You forgot to post in Insurance section to get the hat trick.