Being prosecuted for using a vehicle with no insurance, even though i didnt drive it.

[mctaggart99]

Bought a campervan and it had tax and i just had it MOT'd, as the mot was quite expensive i decided to wait a week and insure it on pay day at the end of the month.

The vehicle was droppped off at my house by a flatbed lorry, so i never drove it as i knew i had no insurance. The vehicle was outside my house at which point it was towed for not having insurance, i thought it had been nicked to start with!

Me and my partner both own the vehicle 50/50 my name is on the registration, but i know from working with DVLA the registered keeper is not necassarily the vehicles owner.

They are trying to do me with using it with no insruance, even though i havent driven it ever and im being done on some bloody technicallity of it has to have insurance on the road even if its not being driven.

I have 6 points from speeding last month after having a clean licence for 10 years and i know no insurance is another 6 points, i cant afford to lose my licence as i will lose my job as im a field engineer.

How are they going to issue the fine/points to us, neither of us drove it and we both own it so how are they going to work this, i really cant afford to take it my self so i want my partner to take it. Im anoyed that has happened as i would never drive without insurance and if i had know you could be done for this i would have been more careful. I thought as the camper was parked in a cul-de-sac it would have been fine

Any way, anyone who can help would me most appreicated.

Thanks

Craig
[email protected]

[ummmm]

What if the hand break failed and it hit a car or a child? I think you might be able to share the points.

[Kim A]

No, nor do I. I think it's true to say that if the camper had been delivered onto your driveway, you'd probably have been ok as technically it would have been 'off the highway'. As it was parked on the road, whether or not it was outside your house and you hadn't driven it, it needed insurance. Feel for you, though!

[tamborine]

Was the vehicle on a private road? Keep receipts for repairs & delivery etc as you will be called to Magistrates to explain your misdeamenours before they remove your licence.

Plead - you were about to move it onto your driveway.....might work?

[Postdog]

So supposing another vehicle hit it, and wrote it off or caused ££££'s of damage. Where would you be then? Uninsured. On that alone you should have insured it.

[hc4361]

All vehicles parked on the public highway, even a cul-de-sac, must be insured.
As the Registered Keeper you are the one responsible for ensuring it is road legal.
Your only get-out is if your cul-de-sac is a private road.
How long was the vehicle parked outside your house? As you live in a cul de sac I guess a neighbour must have reported it to the police.

[Andyvon]

I think if you share ownership with your girlfriend then you'll both get the points. I don't think you can choose.

[hc4361]

The registered keeper, not the owner, will get the points. The owner may not have a driving licence.

[New Judge]

Yes, the offence is "keeping" a vehicle without insurance and the penalty will be levied on the Registered Keeper (i.e. you).

It is a minimum of six points and (unless you are disqualified for this offence alone, which is unlikely) you will be liable to a minimum six month disqualification under the totting up rules. you can argue that "exceptional hardship" will follow if you are banned, but this is not an easy argument with which to succeed. Usually loss of employment is not considered exceptional.

[north star]

Not pertinent in this case as they appear to be one and the same, but is it not the 'person keeping the vehicle' rather than the registered keeper who gets the points and fine?