Hi, My car was clocked by a speed camera at 38 in a 30. My girlfriend at the time was visiting from Germany and was driving – she said she was fully comprehensive – I put her contact details on the requested form but am now being asked to provide insurance proof and her flight details.
I have read that I am not required to provide these by law – can you advise? (I can provide flight details but cannot get in touch to get a copy of Insurance details) Many Thanks.
I’m afraid that the police rarely believe you when you say that someone from abroad was driving the car at the time of the alleged offence. The allegation of permitting someone to drive without insurance carries 6 points and they will often change tact if they don’t believe you and accuse you of this offence instead.
My view is that you cannot be required to prove that she was insured but in a recent case the magistrates have disagreed with me so you have to be careful with this issue unless you are prepared to fight the case all the way to the higher courts if necessary.
There is a section of the Magistrates Courts Act that says that the burden of proving that the car was insured at the time of driving falls on the person who is accused of the offence. I think this only applies if you are accused of being the driver but the court disagreed in our most recent case.
If you would like my help trying to dissuade the police from taking further action in relation to this matter come back to me.
Have you got any points already? If so, how many?