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No Insurance and car seized


tigeress289
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Surely the cps will have to produce evidence that the shopping was for business and not personal.

How would they do that???

I agree that a letter to the superintendent with the insurance confirmation attached could stop anything going further.

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thread tidied please refrain from using reply with quote as this makes the thread twice as long

 

23 quotes of previous post when answering removed.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you, I do have an idea of what I said but fail to see how the officer could state I was not insured.

 

I have always had insurance as is the same with my brother. As for the attitude, I could have told him I owned Tesco's as I couldn't believe I was going to have my brothers car seized.

 

On the appeal front, I have never trusted the law. Many years ago I was taken to court for speeding on Tottenham Court road. I had watched the police car drive by me as I was sitting at lights at the beginning of it. Further up I passed the police car on the inside as the traffic was slower where the police car was.

 

This went through 3 different courts before I gave up but my best quote to the Judge in the final court was.

 

On my first appearance I was a normal driver, on the second appearance I was Stirling Moss and on the third I was Evil Kenevil. I had proved I was not speeding and pointless carrying on. It was a joke.

 

 

And for me years later I am getting the same thing again. The frightening part is most seem to thing its OK for the police to act in this way.

 

 

One friend changed their insurance to business as they often use a step ladder to change bulbs round their old mums house. £15 a month cheaper, result.

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Something not quite right here.

 

What do you do for a living?

What does the owner of the vehicle do for a living?

What vehicle was it, car, estate or van?

The OP I believe is a Builder

2 That has nothing to with anything

3Toyota Hybrid 6 seater.

 

 

The only thing here I could make out is that this may not be a business cover issue but rather a Vehicle type Issue that the OP is facing. The OP may not have covered due to the engine size limitations or Vehicle type limitations set out in his DOC cover terms and conditions. Its becoming increasingly common to set a 1.8 engine capacity limit, with Chassis type Limitation excluding 4x4's Suv's MPV's etc and COVER LIMITATION as in Third party ONLY no business no commute your screwed, Check your terms and cons of your DOC booklet.

 

 

But if your Insurer is going to state in a letter your covered, Business and all, then You need to set up a meeting with the inspector at the station where the officer is based, if your a business you would have a business account to purchase things with, If you paid by card on a personal account that is evidence of a personal transaction and not a business one and show this to the inspector too.

 

 

Subject access request the footage from his camera this can take a month to come through mind!, There are policies in place that if he wasn't 100% sure you were insured or it was disputed as there is a insurance in place and the level of cover is disputed and he cant speak to the insurer he should have provided a HORT1 or producer but not all forces will go by that.

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Point 2 has everything to do with it.

Do they own a business or do trips to and from a cash and carry as part of there work?

From what I can gather they both DONT own a business together, they aren't members of the Cash and Carry and OP has stated the Cash and Carry allows members of the public to shop there without membership. OP does a bulk shop at Cash and Carry for personal use not business.

 

 

The level of cover the OP's brother has is ofcourse irrelevant as its cover for the person on the policy entitled to drive that car. If OP's policy excludes the use of DOC for business on his policy or excludes the class of vehicle,engine,chassis type that his brothers car is that he was using, the OP is in a bit of a spot.

 

 

As we have gathered, the OP states that both he has business policy as it worked out cheaper to have this cover the question is did his DOC cover his use of his brothers car or the alleged offence of business use?

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paid by my personal debit card in my name. If I paid cash the invoice is cash no name.

 

The stop was one of them random pull over a couple of cars at a time.

 

 

One thing I forgot to add, on the conditional offer notice it states,

 

On the 16/06/2018 at 14:05 hours. I had already phoned my brother to tell him the officer has mentioned business. Having checked I have just seen my brother amended his insurance to add business at 14.15 hours. Could I have stopped them seizing the car then if he had told me..

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Take your brother insurance out of it for now.

 

 

Unless your a named driver to which you are not I assume, it has no relevance to your case, The fact remains in proving your not a trader or using the vehicle for business purposes.

 

 

So... You used a debit card that has a transaction code on the receipt related to your personal bank account, if its a personal account like you say, then the bank statement that shows the transaction proves it wasn't purchased with a business account so there lies your evidence to prove "reasonable doubt", it is reasonable to assume that if your a business you have a business account and make business purchases with because business tax and balancing the books right!

 

 

I will assume you have no LTD business in your name or an employee of that shows on companies house either right secretary manager director etc! evidence again of reasonable doubt, its all circumstantial evidence of course but its evidence all the same.

 

 

BUT you could ALSO find that the DOC extension you were using MAY not have covered you ANYWAY, If your brother is Leasing his car or in some way shape or form renting it, it will not be covered, you will not be insured if your under 25, DOC only covers thirdparty so if you smash it up its your brothers paper weight but not relevant, What limitations are imposed on you motor certificate in the DOC part? what restrictions are in place?

 

 

Again take your brothers cover level out of it, its for him and not you, But I do suspect that a car conversation when you got pulled was "I'm not covered, my bro's car is going to towed, ring him and tell him to insure it now so they can take it" this failed though didn't it?

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Someone mentioned a van.

Was this a van or a car?

I believe op said it was a 6/7 seater hybrid. Prius plus type car that if you fold down the seats it turns into a van pretty much, ive got sportage suv and you could fit 2 monthly shop in a poundworld in.

Edited by DarkAtmosphere
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Hi, my brother car is a Toyota hybrid 6 seater.

He changed his insurance to business to try and stop getting his car towed away.

Technically it was still covered by his own insurance once the items were removed,

adding business cost him £37 extra to save £150 seizing and the time to go and get it.

 

He is a pen pusher and he never took the insurance out 10 mins after I was stopped, it was longer but that is the time on the offer notice. However, I did not know that at the time and would have argued for them not to have seized the car.

 

I phoned him after the officer said I was not insured on his policy, which I was but when you have an officer talking down to you, there is very little you can do as my wife was with me at the time. We were shopping on a Saturday.

 

As for insurance we both have fully comp and each allows us to drive another's car.

I am not a named driver on his policy as he is not on mine.

 

My purchase was not a business buy and I do not have a company or employ people.

I use my car for social and to and from work, where ever that may be.

My insurance states self employed builder and its a car, not a van.

 

I am going to pass this over to the solicitors and see what they can do as I feel as a member of the public, the odds of getting anywhere other than the court are stacked against me with the police.

I may as well employ them now.

Edited by dx100uk
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I think that if you manage to speak or write to the right person this will be withdrawn.

The cps would have hard time proving you were acting as a business from what you described.

Have you tried contacting the chief constable?

Otherwise, is there a contact address or email in the letter you received?

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