Viewing 40 posts - 1 through 40 (of 63 total)
  • Penalty points
  • Alcopop
    Free Member

    looking for a bit of advice from the all knowing forum
    got stopped by the police tonight ,i answered a call on my mobile(hand held)
    while driving stupid i know and was spotted,anyway issued with a fixed penalty 3 points £60 fine
    while doing a vehicle check car shows as no insurance tell them that cant be right automated renewal docs
    came through last month no problem they say and give me a HO/RT1 form to produce them within 7 days
    get home check insurance …Arghhh not an automated renewal but a phone us to renew or you have NO INSURANCE,oh dear thats what i get for not reading it properly so nip over to the police station (in my wife’s car which thankfully i am insured for) explain the situation to the duty officer show him the renewal form he has a laugh at my “oversight” but explains it will have to go to the procurator fiscal (im in Scotland)officially charges me with failing to have insurance and explains i’ll be contacted by letter within 8-12 wks he’s pretty sympathetic and says he’ll include copies of the renewal doc with the charge doesn’t think they’ll go too hard im more guilty of being a knob than trying to get away without paying insurance, so get a call about an hour ago from the initial offence officer to say dont pay the £60 fixed penalty as both charges will now be combined and go to the PF got the feeling he was trying to cover himself,bit concerned about this as the two charges together dont look good not that not having insurance looks good !!
    anyways should i ignore what there saying and pay the fixed £60 and hope they go easy on the insurance??

    Oh aye do your worst !!

    Alcopop
    Free Member

    I am doomed aren’t I !!!

    mcmoonter
    Free Member

    Both are endorsable penalties. 6 points and a fine.

    I got stopped last year, speeding with an MOT a week out of date. Their computer said I was uninsured too, but my insurers said I was.

    I had a court appearance, 3 points for the speeding, no points for the mot but a combined £250 fine.

    Lesson learned.

    EDIT I’m in Scotland too.

    Cougar
    Full Member

    Dunno about the combining thing but,

    Take it seriously. Consider professional advice and posting on pepipoo.

    I was in a similar situation a good few years ago, 20 minute gap between two concurrent insurance policies, I thought “common sense will prevail, honest mistake, not a court in the world would convict me.” Ninety quid and six points.

    In my limited experience, a court will go “are you guilty, yes / no?” and then use circumstances to determine the severity of the punishment.

    thegreatape
    Free Member

    Although both these offences in isolation can be dealt with with tickets, (6 points and £200 ticket for no insurance), the police can only give one endorsable FPN at a time. So these two offences have to be reported to the PF, therefore the original ticket you got for the phone will be cancelled. If you try and pay it, the court won’t have any record of it to put the payment against. At least they have rung you to save you that hassle. The report should reflect the circumstances, ie. you’ve been a div (no offence) as far as renewing your insurance goes, rather than a chancer, which one would expect to be reflected in any penalty the court give you.

    wrightyson
    Free Member

    A mate is in court soon for the same problem with the insurance, he’s in full time work in a respected position and has proof of insurance for the last 25 yrs. He also at the time had full insurance on a motorbike and another car. Was genuinely the same as you and was an oversight. He’s going fully armed with all this info but a mate of his who’s a police officer reckons he’ll still get six and a fine. I’ll post back when it happens and let you know. England btw!

    stumpy01
    Full Member

    The original bloke who gave u the ticket has said not to pay it as the two offences have been combined. Is that right?
    If so, what proof do you have apart from the phone call that the ticket has been cancelled? Do you have a ‘transaction cancelled’ type thing that u get with a Switch card? I was just wondering what happens if in two weeks you get a summons or something for not paying the fine, you say ‘i was told not to’ and they say ‘what do you mean, no one said that’

    I’m not saying they would do this on purpose, but things do get forgotten (like cancelling your original ticket) and I’d want a piece of paper that would prove I wasn’t expected to pay it.

    legend
    Free Member

    you made a c**t of it and got caught. Just man up, take whatever they dish out and thank your lucky stars that weren’t involved in a crash when uninsured!

    orangina
    Free Member

    Check with your partners insurance to see if you were covered Third party on the car you were stopped in, you may have been covered that way. I guess the technical fact may be that you were not covered and the court may take a view you could assume automatic renewal and when it didnt happen, you may have continued to drive uninsured… There is not a lot of love in a courtroom!

    Call a solicitor, many specialise in traffic stuff and have a chat. many do this for free. then you can decide whether you want to be represented. If you do, a solicitor will speak the lingo and I reckon it looks like your taking it seriously….

    Good luck…

    (I’m in Scotland too)…

    thegreatape
    Free Member

    The original bloke who gave u the ticket has said not to pay it as the two offences have been combined. Is that right?
    If so, what proof do you have apart from the phone call that the ticket has been cancelled? Do you have a ‘transaction cancelled’ type thing that u get with a Switch card? I was just wondering what happens if in two weeks you get a summons or something for not paying the fine, you say ‘i was told not to’ and they say ‘what do you mean, no one said that’

    I’m not saying they would do this on purpose, but things do get forgotten (like cancelling your original ticket) and I’d want a piece of paper that would prove I wasn’t expected to pay it.

    Fair point, however not a huge problem.

    It’s not uncommon for people to accept a ticket and subsequently choose not to pay it. In those circumstances the original officer is advised and submits a report to the PF, exactly the same as what is happening here anyway. The only difference is that this one will say words to the effect of “Alcopop accepted a FPN for the phone offence, however due to the insurance issue we had to cancel it” rather than “Alcopop accepted a FPN but has subsequently failed to pay it”. So even if the cop forgot to cancel it, it would come back to him to report Alcopop, and he’d have to be a complete muppet to not realise his error at that point.

    Alcopop
    Free Member

    So im not alone in being a bit of an idiot thanks for the reassurance
    Stumpy01 yeah that was my thought it was just a phone call anyway im heading back over to the Station tonight with the new insurance documents and also to get some clarification on charges being combined.
    Ive been driving for 20 years never had any issues before,feel like a complete numpty 😳

    TenMen
    Free Member

    English tickets have a slip attached to send to the court if you intend to go instead of paying the fine, so have a thorough read of the ticket. But your partner’s insurance won’t cover you in these circumstances, as the car itself isn’t insured. From experience, the chances are that you will be convicted of both, and your circumstances will just be used as mitigation in relation to the punishment.

    Edit – just read thegreatape’s reply, and he’s right about what happens, but in our force, the officer is only told to prepare a summons file after the offender has indicated that they want the offence to be dealt with by means of a trial. Now Scotland may well be different, and probably is, but that’s probably the most important thing to check today. Also, in some circumstances you have to surrender your license now to get sent to the court – check that too!

    CharlieMungus
    Free Member

    My brother did exactly the same last month, phone and no insurance.

    he got 6 months and a lifetime ban

    Rockhopper
    Free Member

    Doesn’t matter if you have an entitlement to drive other vehicles, the vehicle must also have its own insurance (at least in England thats the case).

    trail_rat
    Free Member

    my buddy got stung with this …. about the time they stopped automatically putting on third party entitlement onto FC policys.

    was fully comp on a nissan pulsar GTTR but it was in the garage – borrowed his mums car and got pulled for speeding 85 in a 70 in a 1.2 corsa!!(see above car) and a producer.

    found out he wasnt insured – explained at the cop shop – ended up with a 12 month ban. – he was young and young drivers tend to get the book thrown at them esp where speed is involved.

    Alcopop
    Free Member

    he was young and young drivers tend to get the book thrown at them

    Im hoping that my advancing years(46) will stand in my favour 😆

    BigJohn
    Full Member

    Insurance companies regard uninsured driving as the WORST THING A MAN CAN DO. So the big penalty for you will be the increased premiums.

    Do everything in your power, right now, to scrape around and find some way to show that you did have a valid policy to drive that car. It might involve begging, crying, and spending what seem like large sums of money. But if it pays off, it’ll have been worth it.

    And I just notice you said you’d got new documents. If you renewed the insurance without telling them you’d just been pulled for driving without insurance then those documents are invalid too.

    Teetosugars
    Free Member

    Jesus TJ Wil be along shortly to explain all you need to know..

    mcmoonter
    Free Member

    A mate is in court soon for the same problem with the insurance, he’s in full time work in a respected position and has proof of insurance for the last 25 yrs. He also at the time had full insurance on a motorbike and another car. Was genuinely the same as you and was an oversight. He’s going fully armed with all this info but a mate of his who’s a police officer reckons he’ll still get six and a fine. I’ll post back when it happens and let you know. England btw!

    The Police and the court see things in black and white. I obtained a new MOT the next day, produced it in court, made no difference. The fact that I had never driven without insurance or an MOT certificate in 26 years till then counted for nothing.

    cp
    Full Member

    blimey, only £200 fine for no insurance?? 6 points is a bit more of an issue, but no wonder so many people risk the no insurance thing.

    regarding people who have slipped up and not renewed – I appreciate it’s easy to do, but it’s a fairly serious offence even if you have been a very good boy for many years – an un MOT’d car is uninsured by default, even if you have paid for insurance for it, and an uninsured car is an uninsured car. If you have an accident in that time of uninsurance, particularly if someone gets hurt, then you’re really in the shit.

    bigyinn
    Free Member

    The worst thing I ever saw, was a mate picked me up one day to give me a lift to work, we go in to works car park followed by this Skoda Octavia, we all get out of the car when plod get out of the Skoda and pull my mate for having no insurance according their computer.
    He’d done nothing wrong, yet they put his details in saw he was uninsued and then followed behind him for a mile before pulling him full view of the entire office. They then confiscated the car and he had then to prove to the police that he was insured, so he lost pretty much a day of work and his wife had no car either. Plus the police station was about 10 miles from where they lived. He was insured, but did he get an apology, did he ****.

    Alcopop
    Free Member

    yeah reinsured last night at that time no points from these offences were on my licence
    im sure come next year i’ll suffer,thats if i still have a licence next year and im a free man

    wwaswas
    Full Member

    in England now they tend to automatically tow cars with no insurance so you get tow fees plus storage at lots per day on top of the fine.

    I don’t think insurance company are terribly impressed if they see that on your licence either so you pay a lot extra for premiums.

    I think people are being pretty kind to alcopop, tbh – if this was someone posting saying ‘hit by motorist on phone who’s got no insurance, bike and me both wrecked’ there’d be an outcry. Just saying, like.

    trail_rat
    Free Member

    an un MOT’d car is uninsured by default, even if you have paid for insurance for it

    im pretty sure that is an urban myth.

    your insurer third party duty of care to folks you hit ! – although happy to be proven wrong – not that its a situation id like to be in !

    5thElefant
    Free Member

    Same thing happened to a friend of mine (thought she had automatic renewal): 6 point and (I think) £600 (although that may have included the extra insurance cost).

    legend
    Free Member

    Alcopop, you’ll need to phone your insurer and tell them about the offence as soon as it’s finalised. Otherwise you’ll end up not covered….. again. It’s the policy holders responsibility to tell the insurer about anything that could affect the policy.

    The mot thing is a myth, but very handy to have one to prove the car was roadworthy!

    Alcopop
    Free Member

    I think people are being pretty kind to alcopop, tbh – if this was someone posting saying ‘hit by motorist on phone who’s got no insurance, bike and me both wrecked’ there’d be an outcry. Just saying, like.

    totally agree wwaswas
    Im not proud of my actions and as i pointed out to the police when the insurance issue came to light at least finding out this way harms no one but me
    wasn’t looking for sympathy or kind words just advise
    5thElefant was thinking around min £600 upwards on the insurance issue if im lucky but with the phone charge probably way more

    wwaswas
    Full Member

    I guess most of us would have kept quiet about it so fair play to you for putting your hand up and it was genuine mistake with the insurance thing.

    Alcopop
    Free Member

    A very expensive genuine mistake
    lesson learned big time!!

    coffeeking
    Free Member

    Check with your partners insurance to see if you were covered Third party on the car you were stopped in, you may have been covered that way.

    Why would person B’s insurance cover person A third party on an unrelated car? They often cover person B on another car, but a named driver of the original car too, I’d be amazed.

    dave_aber
    Free Member

    MOT’d car is uninsured by default,

    Defo a myth. I was stopped for driving with front fogs on, when there was no fog. 1/4 mile away from the foggy bit. B’ stards. Anyhoo, I’d managed to forget the MoT renewal date, and I just got a HO/RT1. Got it MoTd the next day, took it all in to the local cop shop – all OK and no mention of insurance being invalidated.

    trail_rat
    Free Member

    They often cover person B on another car, but a named driver of the original car too, I’d be amazed.

    i once had a policy that did just that. was with co op insurance.

    back when me and my paw shared a car – he used it for work monday to friday – 100 mile round trip daily an i used it for going to races in at weekends

    insurance stipulated that the main driver and any named drivers on the policy had third party cover on other insured cars. – it amaized me too but it was there clear as day – i had to drive my mates car after he spackered him self !

    was 8 years ago mind

    wwaswas
    Full Member

    any named drivers on the policy had third party cover on other insured cars

    ‘not owned by themsleves’ is usually the caveat on that.

    D0NK
    Full Member

    I think people are being pretty kind to alcopop, tbh

    Yep and I’d normally be with legend telling him to man up and take it on the chin but he seems to be here asking about the “don’t pay the fine” quote not wriggling out of it so fair enough. Dunno details about this sort of thing but my experience of bureaucratic incompetance says get it in writing.

    What does annoy tho is all the tools i see, in my extensive experience (watching traffic cops), lying to plod, trying to wrangle their way out of it, giving false names etc, wasting police time then get the same 6points + cheap fine – including the ones who never had a license anyway. Whats the point? Genuine mistake or blatant flouting of the law = same punishment (seemingly).

    cynic-al
    Free Member

    insurance stipulated that the main driver and any named drivers on the policy had third party cover on other insured cars.

    Fairly std, no?

    including the ones who never had a licence anyway

    FTFY

    D0NK
    Full Member

    sorry, I install a lot of network licence 😉 software which uses american spelling, I have to type license.dat a lot. Forgive me.

    cynic-al
    Free Member

    heh, sorry, couldn’t help myself, cheap point and all that but if you’d not used bold then you’d have been OK.

    As it is, you’re now PWNED and sentenced to a week on mlehworld.

    BigJohn
    Full Member

    lesson learned big time!!

    But you don’t seem to have learned anything.

    If you renewed your insurance, knowing you were going to be prosecuted for driving without insurance, and you failed to inform the insurance company then you have commited a fraud (again, the worst thing that an insurance company thinks you can do) and your insurance is invalid.

    Take it on the chin, Alcopop and get it sorted properly.

    jp-t853
    Full Member

    Insurance is an absolute law so you will get 6 points and the mobile issue will hopefully get included in that.

    Most JP’s view this as a major offence (term may be wrong) but there is some court advice documentation in England that states in cases like yours it can be viewed as a minor offence. This can have a massive affect on the fine so it will be worth doing some googling and speak to a local solicitor they will give free advice but it will not be worth the cost to take one with you.

    Advise the insurance company as soon as you come out of the courtroom and pay the extra 30%. It will go down the next year and will be negligible the year after.

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