no insurance

[j07707k]

my sister-in-law was recently stopped for driving without insurance. the AA had been unable to collect money from her bank and cancelled the policy. no letter or phone call. nothing. first she knew was when she got stopped by traffic police. it was very embarassing for her as she is a special constable. the officers were very understanding but had to dish out the punishment. a fine and six points.

 

she paid the fine but only 3 points were recorded on her licence. a week later she got a letter asking her to bring her licence back as they had made a mistake and would need to rectify it.

 

i was wondering as they have put only 3 points on her licence can they legally change it or can she make any arguement to keep it at 3 points?

 

the offence happened in Scotland. any advice appreciated.

[patdavies]

my sister-in-law was recently stopped for driving without insurance. the AA had been unable to collect money from her bank and cancelled the policy. no letter or phone call. nothing.

 

Whilst non-payment/missed DD for monthly payment is the probably the most common cause for cancellation, they must have written cancelling the policy and demanding return of the certificate of insurance. If they have not, then your sister could have fought this as she had not had any notification of cancellation. As she has accepted the FPN it is too late now.

 

she paid the fine but only 3 points were recorded on her licence. a week later she got a letter asking her to bring her licence back as they had made a mistake and would need to rectify it.

 

i was wondering as they have put only 3 points on her licence can they legally change it or can she make any arguement to keep it at 3 points?

 

 

It is a simple administrative error and yes they can require the licence returned to correct the error. If she does not comply, DVLA may revoke the licence. There is no argument to keep it at 3 points; she accepted an FPN for which the tariff is 6 points - end of.

[j07707k]

Whilst non-payment/missed DD for monthly payment is the probably the most common cause for cancellation, they must have written cancelling the policy and demanding return of the certificate of insurance.

 

thought as much. thanks for your help.

 

the AA have since said that they dont know why her monthly premium was not taken as usual as there was funds available to take. they have also apologised for not contacting her or requesting the return of her certificate.

[RichardM]

If the AA have admitted that it was their mistake and have already admitted it, I would, in her position, seriously consider claiming damages off them.

 

For a start, there is the fine that she should be reclaiming off them and I would be looking also for compensation for the additional insurance charges that WILL be levied in future.

 

After all, in order to apply for insurance all companies will ask if you have ever been denied insurance or had an insurance policy cancelled AND if you have any convictions in the past five years. The insurance levy is heavily weighted on account of her having to answer Yes to both of those questions.