Producer

[Destinyofsouls]

Hi,

I recently had a small bump in the car. The car in front reversed back into the front of mine. However, a police car was nearby and saw this and stopped. We were both issued a producer to produce licence and insurance at the local nick.

 

It was then when I rang my ins company to ask what I should do regarding the other driver and was told

 

Your insurance ran out 2 days ago!!!

 

I got a better quote from someone else and forgot to insure the blo**y car!

I immediatley got cover, but 15 mins after the PC had arrived. Looking at the little producer, I noticed a few mistakes

 

The time he put down was 2 hrs before the accident

The registration was wrong- Mine is MJ55 XXX and he just put M55 XXX

He also put that we were on the m-way, but in fact we were on an A road.

I know it's my stupid fault, but do you think there is any way out of this? I really could do without 6 points.

[cbrundle]

you can't beat driving around with no insurance, getting caught and then [edit] it!

 

sorry can't help though

[topchef86]

from what i know, if the paperwork is not correct then you can contest it. as every detail has to be true, and accurate, so if it does come to a point where you think you will need a "get out clause" then tell them of the errors on the producer. Should get u off the hook by a technicality.

[patdavies]

The basics are this.

 

As the producer (HO/RT1) has the wrong registration number on it, you cannot produce the documents for the recorded vehicle. In fact, the Police should not accept any documents with the wrong number on.

 

If you do not produce these documents, you will be summonsed to court for failure to produce.

 

At Court, you point out the error and produce your V5 with the correct registration number.

 

Verdict: smart-ass, but not guilty

[ManagingDirector]

Get a good solicitor, in court theoretically you could invalidate the 6 Points.

 

Apparently, you were driving a car you didnt own and had no insurance for, on a motorway and had a minor crash two hours before it actually happened in a different car.

 

You are FREE! they will need to prove you were driving that car, which could be the other side of the country, at the time (of 2 hours before the actual time) on a motor way. The other issue doesnt come into it, a good solicitor will get it thrown out of court as the incident report/documents are invalid.

[Destinyofsouls]

Thanks MD

I wondered if it was 'iffy'

Now I'm pretty sure.

Strange how a PC could make so many mistakes on one small document.

[shelter pie]

This happened to my OH.

 

He got caught doing an illegal U turn (snoeaky begger copper was behind a tree?!?!?) had to do a producer.

 

OH did have Insurence etc etc - but he did notice that the PC had written the incorrect reg number down. At the police station the clerk advised my OH not to sign for any point or FPN and to go away and seek 'legal' advice as technically he was not the owner of the vehicle!!!

 

These thing would never happen to me - i tell you!!!!

[gyzmo]

I would have a word with a manager at your insurance company. Its been a while since I last worked in insurance, but I am sure the following situation still applies.

 

Where cover runs out, the insurer normally allows 7 or 14 days grace. If you intend to renew, then the premium becomes payable (usually in whole), and cover starts from when the last policy lapsed (in other words, there would be no gap in cover). The insurer would still pay out and deal with the claim so long as the premium is paid to them.

 

Even if they refuse, and you have no cover during the time, the insurer could still be liable.

 

A difficult situation has been made worse by bad advice given to you. Ideally, you need to make a complaint, which needs a response in writing. In the meantime, speak to a manager.

[gyzmo]

If the details are minor, and the person can easily be identified, then the court has the power to amend the documents to show the tru circumstances. It is a technicality that many rely on but few succeed.

[patdavies]

A court can only alter minor detail in a summons under the 'slip' rule. Since the vehicle identification is crucial to the case, it would not be allowed to be changed under this rule.

 

Besides which, you would not point out the error in the summons - merely confirm name and address and plead not guilty.

 

Once the CPS has started its case, the slip rule no longer applies to such a fatal flaw in their case.

[gyzmo]

Beg pardon, that's what I was trying to get at. Once an information is laid before the magistrates, they have the power to change it unless the error is fatal to the case.

[Destinyofsouls]

Having not received a summons as yet, I assume they have decided not to take it any further. However, this morning I got a letter from a solicitors on behalf of his passenger wife who is claiming for whiplash injuries!!!

 

They have asked me to forward insurance details to them.

Now, if I deny I was there ( is that risky?) because the producer says I wasn't, do you think I could get away with that?

[chocolatte]

See a solicitor, you don't want to get into 'serious' trouble by trying to 'break the law' again... Be careful mate

[Guest Gertie100]

Sorry - not sure if reading this right, but didn't you say that someone bumped you? If so, then why are you being sued?

 

(By the way just about to go the cop shop for my producer when some silly bint wrote my car off last Monday....sigh... )

[Destinyofsouls]

Gertie,

It is my word against theirs. They said I drove into the back of them.

[Guest Gertie100]

Ohhh...witnesses?

[Destinyofsouls]

None

[Guest Gertie100]

And that's the end of me...sorry!

[rosysparkle]

I thought you said a policeman saw the accident?

[Guest Gertie100]

Doubtful - usually the police turn up afterwards and issue the producer...

[Destinyofsouls]

Hi rosy

 

Gerties right. The copper didn't actually see the accident, he was driving past and, as we were holding up the traffic, he stopped.

[Guest Gertie100]

Ultimately you may be able to deal with the producer as the document from the police is incorrect and as pointed out you can not supply the correct docs for the vehicle as noted...

But if you do announce to the world that you didn't technically have insurance isn't the chance that you will landed with a bill for injury compensation?

Or (and obviously I don't advocate this...) does your insurance certificate state the time the policy starts? I know mine states midnight...couldn't it just be bad luck that you had an accident the day your policy started?

(Oooo I feel naughty just saying that...:o )

[Destinyofsouls]

It does state the time, which was about 15 mins after the Plod arrived