Thread: clean licence but want extra premium for convictions

I am one of the few people in the UK that has a clean driving licence, all my SP30s have been removed as they are more than 4 years.

I have just taken out new car insurance and on the question about convictions i put none as my licence has none.

A month later I receive a letter stating that there is an inconsisency from my present insurance (with Bell) and an old insurance from some years ago (with elephant), both under the Admiral group of companies. They are stating that the SP30 from 4.5 years ago should be declared and they will now be adding £56 to my premium.

Any advise?

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OK lets clarify the position

Points added to a licence are active for totting up purposes for 3 years

Points stay on your licence for 4 years, after that they can be removed

You have a duty of disclosure (under The Rehabilitation of Offenders Act) to declare convictions until such time as they are 'spent'. For speeding and other such offences that period is 5 years, for more serious offences (ie drink drive) it is 7 years. Insurers ask about convictions in the last 5 years and since you did have some you should declare them.

They are quite correct in what they say and you owe them the additional premium.

Mossy

Thanks Mossycat

What's interesting here is that the reason why they can ask for 5 years and not 4 years is not due to the points but due to the fine. You are not allowed to penalise anyone for a 'spent' conviction (and the rules on this length varies according to the conviction length and type), but suffice to say that after your points are removed you wouldn't have to 'declare them due to them being points'. However the length of time for a fine is 5 years, so this means that because you received a fine at the same time as the points you have to declare the penalty and the reason why you got it. So even if your licence is clean you still need to declare the conviction within 5 years.

An interesting outcome, i sent them a copy of my driving licence and they have now reduced the premium again. RESULT

Lula, do you have your own car--insured in your own name?? Even if you have a lifetime clean licence, but have only been a named driver on someones policy for at least last three years, then you will be treated as a new start and heavily penalised through no NCB. You may be interested in another thread i wrote earlier tonight on that subject. (on this forum)

Yes Lula, have seen these adverts, but i am certain that they only cover named drivers from now, not retrospectivly. The old dog that i billet with has had 44yrs absolutely blemish free motoring, but it's several years since she sold her beloved Beemer. Since then she has driven company insured cars, been on my policy and most recently been a named driver on a Motability policy. When recently trying to get insurance again, her life long record has been no good at all, and is having to start at square one again. NO NCB. If you know differently, then I would really appreciate the names of companies that will insure the old dear on her merits. Thanks.

thanks everyone for highjacking this thread !!!

Wulfyn,

The RoAA (and it's attendant 5 year period - in this case) has nothing whatsoever to do with the fine either. It arises from the conviction.

For speeding:

1)points are 'active' for totting for 3 years from the date of offence;

2) the 5 year rehabilitation period runs from date of conviction.

Now the next question: Is an FPN actually a conviction?

If it is not, then it doesn't need to be declared in answer to the question "Do you have any convictions in the last 5 year).

If it is, then Police/Traffic Warden parking FPNs also need to be declared.

Endorsements (penalty points) have no effect upon the rehabilitation period (length of conviction before it becomes spent). It is simply that it is so unlikely that you would receive endorsements without also getting a fine, disqualifiaction etc that makes the system work.



Rehabilitation of Offenders Act 1974

Endorsements

An endorsement is not a 'disability, prohibition or other penalty' within the meaning of the Act, and therefore it cannot affect the rehabilitation period of a motoring conviction. So, for example, if a motorist is fined for drink driving and has his or her licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).

Rehabilitation of Offenders of motor insurance

An endorsement on a driving licence, does not fall within the definition of the act so cannot affect the rehabilitation period. It is unlikely, however, that a person would receive penalty points without a fine, disqualification (see below) or prison sentence.

For example If a client was Caught Speeding and was given 3 Points and a £40 fine in this case it is the fine of £40 that would result in a 5-year rehabilitation period, not the endorsement.