Partner Thought He Had Sorted Our Insurance

Question:

Use of a motor vehicle without third party insurance

Your road traffic offence question: Circumstances

1. Pulled over as car was flagged as uninsured.

2. I genuinely believed that I was covered by the insurance policy as I had seen certificate and had been reassured by policy holder.

3. Policy Holder believed that the vehicle was insured as he had no communication stating otherwise.

4. x Insurance admitted there was a breakdown in communication to say that the policy had been cancelled due to non payment.

5. x had unwittingly mislead x into thinking she was insured to drive the vehicle at that time.

6. Upon realisation that the vehicle was uninsured x stayed at the Service Station until a new insurance policy had been setup so that she could continue her journey.

Mitigating Circumstances

Whilst I admit that I am guilty of the offence committed, I was mislead to believe I was insured at the time of the offence. There was a genuine misapprehension that I was insured at the time of driving. As I was not the policy holder I had done everything in my power to ensure that I was covered. I had seen a copy of the certificate of motor insurance which stated that I as a named driver was insured to drive the aforementioned vehicle until x2010. A copy of which I have enclosed. The policy holder assured me that i was insured to use the vehicle at the time the offence was committed. x himself had no reason to believe that the policy had been cancelled as he had not received any communication to say otherwise.

Upon being stopped by the police, x phoned x to confirm her belief that she was covered to drive. x then phoned x to ask why there was a problem. It was only then that he became aware that the policy had been cancelled due to non-payment. Upon news of this x asked why he had not been informed of this and was told there had been a letter sent out but never received. The lady at the end of the phone admitted that there had been a “breakdown in communication”. Please see the enclosed complaint to x regarding this matter.

I waited at the service station until x had put in a place a new insurance policy. When I had seen confirmation of this, I then, and only then continued on my journey.

As a x graduate I take the law very seriously and would never knowingly break it. I spent a lot of time and money learning to drive whilst at university 18 months ago and would not knowingly drive uninsured risking prosecution and or getting involved in an accident while uninsured.

The policy holder, would under oath be prepared to state that he did in fact mislead me that I was insured, albeit unintentionally.

This had affected my confidence in driving and my partner x. It has been playing on my mind ever since the offence was committed and I am very worried that I am going to have my licence revoked for something that was in fact my partners fault.

How would you recommend approaching this case? Plead guilty and get a solicitor to write a letter of mitigation or plead guilty and write my own letter of mitigation?

Paula Says:

If you were not the policy holder and you relied on x to make sure that the insurance was in place you have a good special reasons argument to avoid the 6-8 penalty points – especially if x is willing to support your argument with a statement to that effect.

You can only make a special reasons argument by attending court and giving evidence in person. if you simply send this statement to court they will treat it as mitigation and you wont avoid the points. The cps have a right to cross examine you.

Sometimes I can get these cases withdrawn by the cps by working on them to get them to agree that there was no criminality on your part.

If you are a new driver you are going to lose your licence. The only way you will save it is by making the special reasons argument.



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