Author Topic: 69 in a 50 speeding (no insurance)  (Read 237 times)

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anwarhaar

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69 in a 50 speeding (no insurance)
« on: May 14, 2024, 04:58:51 pm »
Hi all,

In a bit of a situation - i was away on holiday when my daughter took my car with my consent i told her to make sure she is insured. She was caught speeding 69 in a 50 zone NIP in post. Indeed she stupidly decided to not insure the car and (myself and my wife are insured and she was doing a short trip).

1. She has a clean license for 5 years - if i nominate will they check the insurance given she lives in a different address to us (IN10 conviction is horrible to have i worry about this for her).

2. what is the ultimate fine/points - another forum i read said 6 points + court proceedings but not sure this is correct.

Many thanks all thanks for assistance.

surrey police (A3)
« Last Edit: May 14, 2024, 05:10:11 pm by anwarhaar »

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Logician

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Re: 69 in a 50 speeding (no insurance)
« Reply #1 on: May 14, 2024, 05:33:35 pm »
Provided that the driver is promptly nominated by the registered keeper, and there are no complications it is not routine to investigste the insurance situation, so you should just send off the nomination form and all keep your fingers crossed.
Straightforward no insurance cases are now dealt with by a fixed penalty of 300 and 6 points, there is no need to worry about the ultimate penalty, your daughter is nowhere near that.

slapdash

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Re: 69 in a 50 speeding (no insurance)
« Reply #2 on: May 14, 2024, 05:46:46 pm »
1) Probably not. Any "mitigation" strategy would be foolish without a pressing need for free board and lodgings.

2) That would appear to be in the 3pts/100 COFP zone. Ensure the COFP is read carefully to ensure it is properly complied with. Especially with regard to provision of licence details.

sparxy

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Re: 69 in a 50 speeding (no insurance)
« Reply #3 on: May 14, 2024, 10:52:23 pm »
Quote
i was away on holiday when my daughter took my car with my consent i told her to make sure she is insured

Your positive consent rested entirely on her insuring your vehicle. She didn't, and I can't imagine you would have let her take it otherwise, so she took it without consent.

andy_foster

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Re: 69 in a 50 speeding (no insurance)
« Reply #4 on: May 14, 2024, 11:22:24 pm »
Case law on permitting is inconsistent. Where is it an explicit condition, failure to comply defeats the permission. In one case where the driver told the keeper that he was insured and asked to borrow the car, the permission was held to be conditional and defeated, whereas in a different case, the driver asked to borrow the car, the keeper asked if he was insured and the permission was held to be unconditional. The consensus appears to be that the last 2 cases were materially identical, and that the last case was decided wrongly.

N.B. The above is mostly academic unless your daughter has a friend called Constance Briscoe who gives her legal advice.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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