Phillips & warrant for not idenifying driver 'fine'

[Mr Worried]

Hi All

 

Just recieved a letter from them saying distress warrant £700.00. pay within 48 hrs or we are comming to uplift.

 

Not knowing anything about this I called them, they said its for blah blah.

 

I called the courts that issued the ' fine ', basically this is for not identifying a driver of my vehicle, the courts said we have given you 6 points too. jeezaz, I have mailed them saying I know nothing of the alleged offence they say I can make a stat declaration then give them the details etc.

 

I will do this tommorow as my defence and get the case re-opened ?

 

When I get Stat Dec, and send to Phillips, will they accept or will they still pursue, and can I ask the judge to get them to stop all actions?

 

Mr W

[fork-it]

Collate all your paperwork and go to the magistrates court in person and approach the Duty Solicitor. He is normally available between 10am-1pm.

[tomtubby]

Hi All

 

Just recieved a letter from them saying distress warrant £700.00. pay within 48 hrs or we are comming to uplift.

 

Not knowing anything about this I called them, they said its for blah blah.

 

I called the courts that issued the ' fine ', basically this is for not identifying a driver of my vehicle, the courts said we have given you 6 points too. jeezaz, I have mailed them saying I know nothing of the alleged offence they say I can make a stat declaration then give them the details etc.

 

I will do this tommorow as my defence and get the case re-opened ?

 

When I get Stat Dec, and send to Phillips, will they accept or will they still pursue, and can I ask the judge to get them to stop all actions?

 

Mr W

 

 

You need to get the Statutory Declaration sent to the Magistrates Court immediately and the court will advise Philips to return the Distress Warrant to the court.

 

As many people on here know, I have a commercial business advising the public regarding a bailiff visit and your situation is one that I hear about almost every day. Normally, this results from a speeding offence where the summons had been sent to a previous address.

 

I am sorry to give you further bad news but from a lot of experience in these cases, it is sadly the case that you may well find that your driving license has also been CANCELLED !!

 

I was only made aware of this when I received a query during the heavy snow that we had in the winter where a motorist skidded on ice and wrote off his car and the insurance company refused his claim after making enquiries with DVLA that established that his driving license had been cancelled by DVLA. It would appear that he had incurred 6 points on his license for not providing driver details to DVLA (documents has gone to a previous address) and he had failed to respond to the further correspondence from DVLA asking him to return his license to DVLA for the points to be added.

 

As he had not returned his license DVLA had cancelled it.

 

Because I have seen so many identical cases as this, I have sent an FOI request to DVLA and will post back when I receive their response.

[Mr Worried]

HI TT

 

Great words, will speak later got to dash.

 

Mr W

[Mr Worried]

Hi All

 

WHAT A MESS

 

In a nutshell, earlier today a police officer asked if I was the owner of vehicle parked on road, Yes I am, ok she replied...it has no insurance?????

 

So she made calls etc, and it was taken away by recovery company, !

£150.00 + £20.00 per day storage.

 

So I came home and spoke with insurers who'm advise me they voided my insurance a month ago as I had not sent/confirmed a copy of licence. ( disclosure ) I asked when they contacted me blah blah, there going to send copies etc.

 

So what are my options.....

Get new insurance so that I can get my vehicle back? asap.

Dont tell new insurers that I intend to cancell in approx 2/3 month ( banned re totting up if found guilty ? )

The vehicle is in arrears with hp too.

Forget it and let them crush it, to which the finance co, and uplift co will chase me for monies etc?

 

Honestly my luck or lack of it is giving me pains in my chest.

 

Any advice would be appreciated.

 

Cheers

[Desperate Daniella]

Hi Mr Worried,

 

As you say, What A Mess.

 

If you get a new insurer you will have to tell them that your other insurance was cancelled. This is one of the questions they ask and if you lie then the new insurance will be voided too.

 

You'll have to tell them about your points. I can't remember if you have to tell them you have a Court appearance coming up, but I would think you do have to disclose that. They will work out for themselves that you may be banned and therefore not need the insurance for the whole year.

 

If it gets crushed you will be liable to pay the outstanding balance to the finance company.

 

Is the vehicle worth a lot of money? The finance company may prefer to recover the vehicle themselves rather than have it crushed.

[Mr Worried]

HI DD

 

HP is a few grand, book price to purchase about a £1000.00. I have just disclosed everything to a local insurer etc and they 'do' insurance for me. in the meantime I am awaiting paperwork from Autonet to aid with my defence.

 

Cheers

[Desperate Daniella]

If a local broker will get the insurance for you that's fine because you can get the car back.

[Raykay]

Technically, the power to seize uninsured vehicles - s.165A, Road Traffic Act 1988 - is for a vehicle that is, or was, being driven - not parked. S.165A,(3)(a).

[Mr Worried]

Cheers DD and RK.

 

I told the local co what had happened re uplift and insurer, he said they do a lot of 'this stuff' they are gonna insure me on a month to month basis, and give me the docs so I can get vehicle back from uplifting company.

 

Thank you

[Nimrod205]

Technically, the power to seize uninsured vehicles - s.165A, Road Traffic Act 1988 - is for a vehicle that is, or was, being driven - not parked. S.165A,(3)(a).

 

 

Pursuant to Section 143 of the 1988 Road Traffic Act, any person who uses, causes or permits a person to use a vehicle on the road, must have an insurance policy in place. Parking a vehicle on the road falls within the category of "uses".

 

As part of Continuous Insurance Enforcement (CIE), it is a legal requirement for registered vehicle keepers to insure their vehicle(s) at all times. You don’t have to be driving to be caught. It is an offence to keep a vehicle without insurance unless you have notified DVLA that your vehicle is being kept off the road by means of a Statutory off Road Notice (SORN). These measures are in addition to the powers the police already have to seize an uninsured vehicle and fine the driver.

Edited March 21, 2013 by Nimrod205
spelling

[Raykay]

Pursuant to Section 143 of the 1988 Road Traffic Act, any person who uses, causes or permits a person to use a vehicle on the road, must have an insurance policy in place. Parking a vehicle on the road falls within the category of "uses".

 

As part of Continuous Insurance Enforcement (CIE), it is a legal requirement for registered vehicle keepers to insure their vehicle(s) at all times. You don’t have to be driving to be caught. It is an offence to keep a vehicle without insurance unless you have notified DVLA that your vehicle is being kept off the road by means of a Statutory off Road Notice (SORN). These measures are in addition to the powers the police already have to seize an uninsured vehicle and fine the driver.

 

The OP appears to be guilty of the offence of no insurance, contrary to s.143, RTA 1988, but s.165A is the power to seize vehicles being driven without insurance - the OP's vehicle was parked.

 

The continuous insurance requirement is an administrative matter dealt with by DVLA.

Edited March 21, 2013 by Raykay

[Kiki1]

More confirmation the insurers have found it easier to twist UK legislation in order to claw money from soft targets rather than persue/reduce the criminal element.

[Mr Worried]

Hi All

 

I was asked to provide a copy of my licence for verification etc, to which I did but because we had moved (repo) I hadnt changed addy, so I sent for new one, then toatally forgot to forward for the disclosure/verification. and I toatally accept my error, I will be banned should I get concvicted after the mitigation ( solicitor instructed ) I would say this is a fair Kop? albiet a massive oversight on my behalf and not a failure to co-operate with the insurer, hindsight is not part of this scenario, only that of my own doing.

 

I have already made provisional changes should the hammer come down on the six points thus affixing the Totting Up.

 

I have accepted that I was wrong and will explain to my solicitor and equally the judge, and to be quite honest, those of you that know me from here will know ave had a stomach full over the last few year and I have very little fight left and thats the reason I am sort of lying down for this and accept what comes my way, I know I never drove without Insurance, but lets hope the judge see's it that way too. I am not looking for sympathy or a way out or a passage of excuses. I made an error, thats it, I will prepare for the worst.

 

Cheers

[Desperate Daniella]

Sounds like you have had a really bad time, and I hope you get a sympathetic judge.

 

DDx

[Mr Worried]

Sounds like you have had a really bad time, and I hope you get a sympathetic judge.

 

DDx

 

Understatement DD, But thanks for your reply. onwards n upwards, as there is more awaiting me yet.

[Mr Worried]

OK Update...So now Insurers are wanting monie for cancelled insurance? ie, loss of commision, cancellation fee. Have I got any redress againt their demands?

 

Mr

[Desperate Daniella]

Presumably this is not the insurance broker you are using this time?

 

How much do they want?

[Mr Worried]

Presumably this is not the insurance broker you are using this time?

 

How much do they want?

 

It is old company, they want over £150.00 stating various reasons etc.

[Desperate Daniella]

Are these the ones who gave you no help whatsoever when your insurance was voided?

[Mr Worried]

Are these the ones who gave you no help whatsoever when your insurance was voided?

 

YES They are the ones.

[Desperate Daniella]

Then I would write a strong complaint to them and basically say in view of their totally incompetent and inept handling of the situation you do not consider they are in any position to demand any further payment from you.

 

I had something similar with an insurance broker once. They were completely useless and refused to fight my corner over a claim, telling me it was better if I dealt with it myself. Then when the insurance was cancelled they wrote demanding about £80. I ignored all their letters and after the third one they gave up.

 

As it's £150 these might fight harder and that is why in this situation I would get my letter of complaint in first. If they think you'll fight any action they may try to take, they may decide not to take you on.

[Mr Worried]

Then I would write a strong complaint to them and basically say in view of their totally incompetent and inept handling of the situation you do not consider they are in any position to demand any further payment from you.

 

I had something similar with an insurance broker once. They were completely useless and refused to fight my corner over a claim, telling me it was better if I dealt with it myself. Then when the insurance was cancelled they wrote demanding about £80. I ignored all their letters and after the third one they gave up.

 

As it's £150 these might fight harder and that is why in this situation I would get my letter of complaint in first. If they think you'll fight any action they may try to take, they may decide not to take you on.

 

I already complained by letter through e-mail, they reply by saying ..call us to resolve, and you should have read the small print.

[tombhoy]

Mr Worried - would/should your original insurers be obliged to inform you that your policy with them had been cancelled?

If so and they failed to do that you may be able to issue a claim against them for the cost to recover your vehicle.

I hope others on here can give you advice on this question - until them I hope I have not given you false hope.

 

How long a timeframe between your policy being cancelled and the knock on the door?

If not too long, you may be able to prove that you have not driven the vehicle without insurance - if say a month, this could be almost impossible to prove in court.

[Mr Worried]

Mr Worried - would/should your original insurers be obliged to inform you that your policy with them had been cancelled?

If so and they failed to do that you may be able to issue a claim against them for the cost to recover your vehicle.

I hope others on here can give you advice on this question - until them I hope I have not given you false hope.

 

How long a timeframe between your policy being cancelled and the knock on the door?

If not too long, you may be able to prove that you have not driven the vehicle without insurance - if say a month, this could be almost impossible to prove in court.

 

Hi. 'Duty of care' is required by the Insurer, my solicitor is dealing with that re mitigation for court. the release fee and new insurer costs is circa £600, and thats just get released then if I am banned then the £600 will be in vain.? vehicle still has hp etc, so cant sell it, probs need to get a mate insured to drive me about etc during work, but then that is another job to create, which is tuff as I need work myself. uphill struggle is an understatement. I remain positive as I have been through the mill on other issues, however it is taking its toll on my relationship. onwards and upwards.

 

Cheers