no motor insurance

[nasirjones]

Hi there to anyone that could kindly offer me advice. I was stopped by police the other day who told me i was not insured on the car i was driving, i thought i was as i'm an additional driver on the policy as my father is the main policy holder, so they asked me to produce my documents at a station within 7 days. When i returned home i checked my paperwork and realised that the policy had run out exactly 1 day and 1 hour from when I was stopped and i renewed the policy straight away, It was a genuine mistake but i know not knowing is not an excuse. Having a license is very important to me as i rely on my car to use it for work for my 2 jobs i have, my family depend on me to pay for the house rent on top of that my father has recently suffered a heart attack which he relies on me to take him to regular appointments, i have had my license for just under less then 2 years, do my points have ne value as mitigating circumstances. please help me

[Ethel]

Your post is not clear. Was you driving your father's car at the time you were stopped?

[nasirjones]

the car is my fathers but i was on the insurance policy for before it ran out on the day in question.

[Ethel]

Although the ban for driving without insurance is discretionary - so you may not be banned by the court if you have mitigating circumstances - the points aren't.

6-8 points on your licence, so the DVLA will revoke your licence and you will return to learner status.

Furthermore, the named driver on a policy must not be the main driver. You seem to be saying that you are the sole driver of the car, and your father no longer drives. If that is the case, the insurance should be in your name, not your father's. You seem to be committing the offence of 'fronting' , which is fraud, from what you have said.

http://news.bbc.co.uk/1/hi/programmes/moneybox /7052569.stm

[nasirjones]

my father has suffered his heart attack after the insurance was taken therefore he has to remain onit, he used to drive but since his attack does'nt much as the doctor tells him not to. as i am an additional driver i was not aware of the policy running out, we are on the verge of being homeless due to ill health on my father not working and me being the sole breadwinner it would be extremly hard for me to keep afloat if i could not drive. i have had a friend who's case was thrown out of court for similar cirumstances, he also had his license less then 2 years.

[redcrx]

well ask your friend how he managed it.

If a car is that important to you and your father then why were neither of you aware that it was due for renewal?

[Ethel]

Yes, but it isn't the court that revokes the licence. It's the DVLA.

Has your father notified DVLA that he is unfit to drive, and the insurance company?

Really the insurance policy should have been cancelled, and you should have taken it out in your own name.

[nasirjones]

my friend told the courts it was essential he had a license for uni,

[nasirjones]

Ethel would you know if the 6 points can be appealed or isit certain it will be revoked, thanks

[redcrx]

a car is not essential for uni.
most students cant afford a car.

[Ethel]

Your friend obviously has all the answers so let him get you through you it.

But I can tell you now, no court would let somebody off for driving with no insurance just so they can to university - grown men with children to support have lost their licence and jobs for that offence.

[nasirjones]

I accept your point ethel I am in the wrong but what makes you so sure that the case can not get thrown out, it was 1 day without insurance without me knowing, truth is i will most likely receive the revoke but its worth a go

[Ethel]

The ban is discretionary, the points aren't. The only discretion the court has is the number of points, but they can't award below 6 points.

So you will have a minimum of 6 points and your licence will be revoked.

[Ethel]

Because you have committed the offence and you don't have a valid defence.

There are only two valid defences: you did have insurance or you weren't driving.

Neither of these apply.

Your father would have had renewal notices in the weeks running up to the end of the policy. It doesn't matter that you had insurance the day before.

[nasirjones]

but as i was not informed is there no other way? are you a solicitor?

[Ethel]

What do you mean, you weren't informed?

You were in charge of the vehicle, you were the driver, and it is your responsibility to make sure you can legally drive it.

If you don't want to accept what I say, pay a solicitor.

[nasirjones]

reason i ask is because a someone i know in the police force told me that judges have given 3 points and a fine i have also read this on the internet, thanks for this advice it is helpful.

[cazzz1975]

ethel is bang on the money

[terambulan]

In front of the Masgistrate (if u choose to contest) minimum fine �1k and further 6points. Have experienced this.

[Ethel]

You won't go before a judge - it is the magistrates' court.

The minimum points is 6 and the magistrate does not have the authority to award less points.

I don't know what your mate does in the police but he sure isn't a police officer - maybe he's a cook.

I would like a link to the sites where you have seen 3 points for no insurance. It is a serious offence.

From the government website:

"The seriousness of the offence is reflected in the level of the maximum fine, �5,000, and the automatic endorsement of an offender�s licence with 6-8 penalty points. The courts can order the immediate disqualification of the offender. The police also have wide powers to stop vehicles and inspect certificates and this leads to around 300,000 convictions for uninsured driving every year.#"

Note it says 'automatic endorsement .... 6 - 8 points'

http://www.direct.gov.uk/en/Motoring/OwningAVe hicle/Motorinsurance/DG_067639

[nasirjones]

why did the police let me drive after i was stopped if i was not insured then.