Misled By Insurance Company – 6 Penalty Points

Question:

Hi, found your site on the web and I wonder if you can help me…

1. I have my own car (x) and have x fully comp insurance.

2. The x developed a mechanical problem (not drivable). I was considering selling it but still covered by insurance.

3. A Work colleague had an x reg Micra for sale which I purchased as a stop gap solution (£240)

4. Before I collected the car I contacted x to confirm I was insured.

5. More Than informed me I was insured third party but didn’t (as far as I can remember) qualify this with any provisions.

6. While deciding what to do about the cars I have been driving the Micra.

7. On Saturday x I took my son out to London for the day.

8. On the way back I got stopped by the Police (on the M1) who said the car was not insured.

9. I told the police I had confirmed insurance with x (by phone)

10. The police office phoned x to check.

11. At first x informed the Officer that I WAS insured.

12. The Officer argued for some time that I was not insured because I had now purchased the car.

13. It took quite some time before More Than finally agreed that I was not insured.

14. The police gave me a fixed penalty form (£200 + 6 points) and impounded the car.

My arguments:

1. I have NEVER had any intention of driving without insurance

2. I have NEVER been prosecuted in 40 years of driving for such an offence.

2. I DID phoned x to confirm insurance before I purchased the car and was informed I WAS insured.

3. At first, x even has told the Officer I was insured until the Officer had argued for some time that I was not

4. I REALLY was driving the Micra under the belief that I was insured because of misleading Information from x.

I have requested the transcriptions of my initial call to x and the call made by the officer.

Paula Says:

I maybe able to help

Have you paid the fixed penalty and taken the points? If so it is going to be too late to do anything.

If not, then you have an extremely strong special reasons argument to avoid the points. Especially if we can get the transcript from More Than.

You were misled into thinking that you were covered and you were driving under the genuine misapprehension that you were covered.

Tell me if you have paid the ticket and handed in your licence? If not then we need to reject the ticket and ask for a court hearing. If we can get the transcript from More Than we may be able to get the prosecution to withdraw the case on the basis that there was no criminality on your part. If not then we will have a very strong special reasons argument to avoid the points and hopefully persuade the court to give you an absolute discharge rather than any fines and costs etc.



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