Driving Without Insurance Conviction - Advice Needed

[Rake722]

Dear all, I am writing this on behalf of my 18 year old son who has held his license for 3 months and who was caught by the police driving without insurance accidentally.

History - My son drives the family car under temporary insurance provided by the insurance company that my wife has comprehensive insurance on. He usually pays between £5.60 and £10.90 per 24 hour cover period. we have multiple spent cover notes to attest to this fact.

Last week he took out the usual cover online with the insurer but failed to notice an error on completion of the cover process due to the insurance company having re-assessed his risk profile before leaving the computer before the transaction had completed

as it was the final step and he has performed this task multiple times did not expect any error or failure of the process.

Neither did he intend to drive without cover.

We have the browser evidence showing that he was in the process of insuring the vehicle before driving it,

The question -

My son now faces two choices,

1) Not accepting the endorsement and going to court in order to plead guilty but with special reasons and demonstrate to the court that he did not know that he was without insurance and provide evidence to the fact that he was in the process of adding temporary cover on the day preceding the event and that he has evidence of multiple previous cover notes. If special circumstances are not accepted then we would ask for consideration in a temporary ban and no points on his license,

2) Accept the endorsement, have his license revoked, apply for provisional, re take his test, accept points on license for the next 3 years.

Which of these 2 options would result in a cheaper premium once convicted ?

Would an insurer take in to consideration that he was not given points which means that the court did not see him as intentionally driving without insurance ?

The question is directly related to the cost of future insurance in each scenario.

Many thanks

[Ethel Street]

I believe that if convicted magistrates have no discretion about points, they have to given, but tagging @Man in the middle who is knowledgeable about this and can confirm or correct my understanding.

[whitelist]

Having no insurance is a strict liability offence and automatically guilty. You will receive a minimum £300 fine and six points on your licence.

[Rake722]

Thank you but please read my question properly,

we know about the conviction, the question is about whether or not to go to court and receive a short ban as opposed to points and the effect on his future premiums in light of a conviction with or without points

[Ethel Street]

@Rake722 what you are being advised is that there is no possibility of getting a conviction with no points. A ban is not an alternative to points. He will get the points whatever happens.

[Rake722]

Thanks but that is not the case. I have been in touch with motoring defence lawyers and they confirmed otherwise.

[Ethel Street]

Fair enough but if you have employed a lawyer to advise you why come here? Ask your lawyer for advice, that's what you are paying them for.  I'm out of the thread.

[dx100uk]

Vehicle insurance: Driving without insurance - GOV.UK (www.gov.uk)

Penalties for uninsured drivers

The police could give you a fixed penalty of £300 and 6 penalty points if you’re caught driving a vehicle you’re not insured to drive.

If the case goes to court you could get:

• an unlimited fine
• disqualified from driving

 

Penalty points (endorsements): New drivers - GOV.UK (www.gov.uk)

New drivers

Your licence will be cancelled (revoked) if you get 6 or more points within 2 years of passing your test.

[Man in the middle]

A bit late on parade here (I've been away).

Magistrates have guidance that suggests where an offence warrants either a (discretionary) ban or points, and points would make the driver either liable to a "totting up" ban (12 points within three years) or revocation of a licence under the New Drivers' legislation (six points within two years of passing his first test) then points should be imposed.

The purpose of the New Drivers' legislation is to provide a deterrent to new drivers from offending. To impose a ban where one would not otherwise be considered (e.g. in the circumstances you describe) would be to deliberately circumvent the New Drivers' legislation and so frustrate the will of Parliament. There is no justification for doing so and I would be extremely surprised if your son's request was sucessful.