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I am new to this and I am not sure if I am doing it right
I am in deep water because of a mishap with my insurance. My boyfriend was driving my car and got stopped for speeding he was asked to bring his documents into the police station. When I went to look for my insurance documents I remembered I hadn't yet received them.... Thinking it was a case of calling my new insurance company would fix it, unfortunately I discovered that they had not sent my documents because they hadn't received my cheque! i had in fact been driving without insurance for something like 2 months!
I quickly rectified it that day, but it doesn't stop the fact I didn't have insurance at the time of the incident. Now we are facing court and a fine up to £1000.
Well, in all honesty, and without wishing to sound harsh, there is nothing that you can do, if you do not receive your insurance documents, it is your responsibility to chase the insurance company, cheques get lost all the time, have you checked that the original cheque hasn't been cashed?
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Yes we've been through that with the insurance company they remembered the quote and me saying i was sending them a cheque but they just didn't receive it.... apparently, the cheque wasn't cashed.
I live in a village and asked my local sargeant who said the same. it's not like me to just forget about insurance, I can only put it down to that i had recently changed insurance companies and had assumed the paper work would be in the post, without noticing just how long it had been!
Well that's what you get when you live in a laid back world! Q big hefty fine!! what a wake up call :-|
I never assume that I'll wake up in the morning.... if I don't then I won't be disappointed. But if I do.... then it's an added bonus, and I feel good all day.
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Like others have pointed out it is your responsibility to ensure you have adequate insurance so it does look like you will have to appear in Court.
Having said that if you can demonstrate to the Court that you are of good character, explain that you really thought you had insurance, take your cheque book stub as proff you did send a cheque and lay it on a bit about changing insurers and getting confused etc etc then the Court will probably levy a smaller penalty.
At the moment I don't have to appear in court. My friendly neighbor as per mentioned has helped me to write a statement accepting my responsibility, in other words GUILTY! and then we have to send in how much money we have. i guess they base the fine on your income.
I would say that, if it should come to court then I would want to appear, to say how sorry I was and that it was a pure oversight and that you have never driven without insurance before or since.
I would still have the statement, but actually turning up, should it go to court, might make the judge decide that you are indeed an honest person and that he could take a softer approach.
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
I was caught by a camera a couple of weeks ago :o and have received a "Notice of Intended Prosecution" form through the post. It doesn't ask anywhere on there about insurance. I've to return the form, comlpeting my full name, address date of birth and signature. I've to return it in 28 days. It doesn't mention insurance (which I do have).
I take it that then they'll send me a speeding fine -- is this the stage you're at now?
jaxads
Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.
Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.
GE Money - Received settlement of £441, being total charges requested. No interest though.
CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!
EOS Solutions "ceased action on account" on behalf of a friend.
All in all, quite busy at the moment and enjoying every minute of it
Sorry, have actually read OP properly :o . He was physically stopped by the police and given a producer.
jaxads
Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.
Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.
GE Money - Received settlement of £441, being total charges requested. No interest though.
CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!
EOS Solutions "ceased action on account" on behalf of a friend.
All in all, quite busy at the moment and enjoying every minute of it
That's what I thought but my local sergeant who has been in the business xxxx years and knows a lot of people connected to law e.t.c has advised me not to go to court.....
I assume you mean plead guilty by post!?
Are they also advising that you do not give mitigating circumstances?
For me, the real issue for you is not what the court may do but the impact that this will have on cost and getting insurance in the future. I think you need to engage in discussions with your insurers now on this. I also recommend that you spend some money on advice from a specialist solicitor.
I assume you mean plead guilty by post!?
Are they also advising that you do not give mitigating circumstances?
For me, the real issue for you is not what the court may do but the impact that this will have on cost and getting insurance in the future. I think you need to engage in discussions with your insurers now on this. I also recommend that you spend some money on advice from a specialist solicitor.
I agree on this one Andrea. Better to get the correct legal advice than risk getting it wrong and paying for it more seriously.
On the morning of the offense i was the driver of my girlfriends vehicle, I was under the impression that she had recently renewed her cover of insurance to include me as the driver.
Unfortunately it now appears that the cover was not in force at that time, we have subsequently re activated what appears to have been an administrative error.
He has to plead guilty because he was driving without insurance (even though he thought we were) My boyfriend is not English so I have been writing on his behalf, it could've just as easily been myself driving that morning.
This was back in November 11th and apparently if it is not dealt with within 6 months case will be closed.
This is why you need to see a specialist solicitor. They will put it into perspective to you and tell you what you are facing.
One possibility for you is that this could just be your boyfriend's problem rather than yours. I know this may not be how you see it between you but you are the policyholder not your boyfriend. It may be that the insurance problem can be addressed by leaving your boyfriend off the insurance until his likely conviction and points are "spent". It will mean that he won't be able to drive but that may well save you thousands in higher premiums over a few years.
But as I said, you need a solicitor to talk you through all this.
What stage are you at with this Andrea? Have either you or your boyfriend been summonsed to appear at court for any offences yet?
Bernie, the OP will more than likely be in the frame for aiding and abetting her boyfriend to drive without insurance, so I am not sure that taking him off the policy is going to make a lot of difference.
Bernie, the OP will more than likely be in the frame for aiding and abetting her boyfriend to drive without insurance, so I am not sure that taking him off the policy is going to make a lot of difference.
Possibly but that is not the case with what we know here. It is an assumption. But it also another reason why the OP needs a solicitor IMHO.
I would go to a solicitor however, I am unemployed. At the moment I am just filling in forms to send to the court. I haven't done anything yet as I keep thinking there is a solution I have NEVER driven without insurance before, no criminal (yet ) convictions.
its all in the lap of the gods!
Court hearing is 2oth March and need to get papers in by 18th
I should appear in court to express your regret that it's happened & to tell them the immediate steps you took to rectify it. Whilst I doubt you'll get off scot free it should mitigate considerably any penalty the court decides to impose.