Driving without insurance

[muddywolf]

Its a strict liability offence, you didn't have insurance, you drove, therefore you're guilty.

 

Frankly if you have enough money that you dont notice whether or not someone has taken several hundred pounds out of your account or not, i don't see why it should concern you that your premiums may raise. Plus if you appeal there is always the chance that the magistrates will impose a heftier penalty and/or fine.

 

If i were you i would accept the punishment and take it as a lesson learnt to double check everything, especially things as important as whether or not you have insurance.

 

What a daft thing to say.

 

At least you found out now Charlotte, it could have been far worse if you had been involved in a accident and then discovered you had no cover.

[its smee]

Its not daft, when i pay my car insurance i notice that the money has gone out, if it doesn't i would ring the insurance company and ask why.

 

You cant just not notice you still have several hundred pounds that you thought you had spent.

 

It is the drivers responsibility to get insurance. Insurance companies do not just cancel without good reason and without informing first.

 

If the OP was more on the ball she would have noticed and rectified the situation, instead of trying to get out of it now, you wouldn't all be so accomodating and understanding if she had had an accident and seriously injured or kiled someone would you???

[andyofborg]

I don't rake through our bank statement with a fine tooth comb.

 

perhaps you should

[andyofborg]

What a daft thing to say.

 

why is it daft?

[Rupert_Baehr]

Its not daft, when i pay my car insurance i notice that the money has gone out, if it doesn't i would ring the insurance company and ask why.

 

You cant just not notice you still have several hundred pounds that you thought you had spent.

 

It is the drivers responsibility to get insurance. Insurance companies do not just cancel without good reason and without informing first.

 

If the OP was more on the ball she would have noticed and rectified the situation, instead of trying to get out of it now, you wouldn't all be so accomodating and understanding if she had had an accident and seriously injured or kiled someone would you???

 

I've read the thread - though obviously I, like the rest of us, have no access to the Insurance company's comment.

 

Charlottte said: " I know as a family we have sufficient funds going in and out for everything I don't rake through our bank statement with a fine tooth comb."

 

She also said: "I appreciate that driving without insurance is an absolute offence i.e. not need to prove intent, you have it or your don't however I was wondering whether it might be worth my while in going to Magistrates' Court to explain the circumstances re the insurance policy and try and mitigate on the offence?"

 

It Smee said: "Its a strict liability offence, you didn't have insurance, you drove, therefore you're guilty."

 

Quite. But, Smee, did she have insurance? You said she did not, the Insurance company are arguing that she did not, but who is right?

 

Most insurance companies offer a 'period of grace' - that's how you can arrange insurance over the phone.

 

We don't know the whole story. An 'intent to defraud' would negative an insurance contract, but a 'problem with a debit card' would not necessarily do so.

 

(This forum is probably not the best place to go for advice, but since you've got here chuck, go talk to the beaks and throw yourself on their mercy ... it can't do any harm.)

 

I've no sympathy with people who try to fiddle insurance companies, but even the best companies can employ agents who try to make life inordinately difficult for customers.

 

Could it be that she is getting the 'run around'?

 

I don't know. Do you?

 

I have been dealing with one particular insurance company for nearly 40 years. (I deal with other companies, too ) It is (or was) an excellent company. It's grown a bit since we started it (It's a mutual company, owned by the members.)

 

When we moved here, I phoned head office and said 'Put my bike back on the road, please.'

 

I was told: 'We don't accept new motorcycle business in the US, Sir, you will have to go to one of our out-agencies."

 

Not quite. It's not 'new business' you are already insuring it!

 

He got stroppy and I went elsewhere. Next month, when I meet up with the CEO [a personal friend] somebody is going to lose his job for being an arsehole and annoying me. I can do that (and I bloody well will, too!)

 

Another customer would probably have had to eat the crap the agent fed to him/her. The agent who gave me a hard time picked on the wrong guy.

 

I have no special right to receive special treatment - I'm a customer - but EVERY customer has the right to be treated properly and with respect. In this case, I happen to have the power to extract retribution. And I will do so - on behalf of the other customers that plonker has (presumably) mistreated.

 

The OP said she made a mistake, but had the funds to pay.

 

IMO, she should talk to the beaks.

[denlin]

Its not daft, when i pay my car insurance i notice that the money has gone out, if it doesn't i would ring the insurance company and ask why.

 

You cant just not notice you still have several hundred pounds that you thought you had spent.

 

It is the drivers responsibility to get insurance. Insurance companies do not just cancel without good reason and without informing first.

 

If the OP was more on the ball she would have noticed and rectified the situation, instead of trying to get out of it now, you wouldn't all be so accomodating and understanding if she had had an accident and seriously injured or kiled someone would you???

 

She's already explained that her bank statement is with her partners company so she may well not have been aware that money had not been taken. Why are you holier than thou lot giving her such a hard time? I'd certainly be asking the insurance company for proof they've tried to contact me and one phone call wouldn't suffice. Then I'd go and explain in court - she's got six points anyway so she has nothing to lose by trying for mitigating circumstances

[Charlottef24]

For all those of you who seem most interested in my finances, I have never seen September's bank statement as I think I've previously said it's with the accoutant. My insurance was only £280, not several hundred, my partner and I are fortunately both in full time employment and although we are by no means well off when you have all of your house hold bills going out and my partner is self employed so his wages aren't the same every month without sitting and pouring over a statement (which I didn't have that month as I've already said twice) how would I have known no money had been removed?- if indeed that is correct because I need to speak to my bank today to confirm.

 

I have decided to speak to a solicitor today who actually knows something about traffic law and weigh up my options. In the mean time my complaint is logged with the insurance company and I have requested all of my records and any tape recording of phone calls between myself and their staff and also this one where apparently someone has tried to call me. I have also asked that they check their phone records for my mobile number and house number for any calls that they believe they have made. I am also going to make contact with the Financial Ombudsman for advice on what an insurance company should be doing in such circumstances and whether they should be folowing any particular procedure in cancelling a policy etc by way of sending a letter.

[Rageness]

What has her finances got to do with any of you? There are some bloody idiots on here, The same goes for her wealth it has nothing to do with nay of you and makes no difference to the circumstances.

 

If I were you Charlotte I would take it to court, Explain in detail what happened and more than likely they will let go of the points and some of the fine.

 

By law you are supposed to send your insurance cover note back, so they should have tried to contact you several times.

 

I would defiantly give the court a go, It is nothing like as bad as people make out! Good luck!

[enepsigos]

the exact same thing happened to me and my husband on our way to skeggy once, we was pulled over 3 miles from ingoldmells, anyway to cut a long story short, we had to get insurance there and then to stop them siezing the car, my husband recieved a fine and 6 points though, we went to court to say that the insurance had not told us in anyway shape or form that they had cancelled our car insurance because of a dd problem, we went to court to plead our case but the judge did not want to know, he said you at the time didnt have insurance for the car that you was driving so the fine and points stay!..... sorry but there is no way of getting out of this one..

 

mine was aa car insurance, now though before i even get in our car i check askmid.

[denlin]

What has her finances got to do with any of you? There are some bloody idiots on here, The same goes for her wealth it has nothing to do with nay of you and makes no difference to the circumstances.

 

If I were you Charlotte I would take it to court, Explain in detail what happened and more than likely they will let go of the points and some of the fine.

 

By law you are supposed to send your insurance cover note back, so they should have tried to contact you several times.

 

I would defiantly give the court a go, It is nothing like as bad as people make out! Good luck!

 

Seconded Rageness - definitely sounds like insurance company are at fault in this case. They are not infallible, make mistakes but should be honest and admit it - good luck Charlotte