Author Topic: Advice Needed For Insurance Fine  (Read 1139 times)

0 Members and 15 Guests are viewing this topic.

Advice Needed For Insurance Fine
« on: »
Hello,

I am looking for some advice regarding a recent fine I received for having no insurance.

The offence was committed unknowingly which is why I have decided to request the courts to appeal their fine and points.

My vehicle hadn't been working for quite some time which resulted in many hours being put into getting it up and running again.
After I had finally completed this I decided I needed to drive it home so insured my vehicle online like I have done many times before. I even had someone send me a bank transfer to ensure I had the correct amount available so therefore have a witness who's willing to provide a statement.

Once I had completed this payment, it proceeded to take me back to the insurance company web page and to my knowledge it had been successful.
I drove home that evening and took my car back out again in the morning.

Unfortunately, whilst driving back to my partner in the middle of the day I was pulled over by the police who told me that my vehicle was showing as uninsured and therefore issued me with a fine and points on the roadside. I then proceeded to re-insure my vehicle so he would let me get going.

I am almost certain that my insurance went through, I had enough money on my card as mentioned and also went through all the online banking steps accordingly. At no point did it come up saying this was unsuccessful. My bank didn't contact me either to let me know that a large payment had either been unsuccessful or attempted which I thought was odd as normally the banks would contact you in these events.

As mentioned, I have sent a request to the courts to appeal their decision however, they've requested I complete a form and return this to them and I am running out of time to do so.

Does anyone have any advice on what I should do from here? Any contact details for legal advice relevant to this specific issue? Do I plead Guilty because I technically did commit the offence or not guilty because I did so unwillingly and unknowing.

As far as I was aware, I had completely insured my vehicle so would appreciate any advice.

Many thanks.

Share on Bluesky Share on Facebook


Re: Advice Needed For Insurance Fine
« Reply #1 on: »
What court decision are you seeking to appeal?
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: Advice Needed For Insurance Fine
« Reply #2 on: »
So when you absolutely, definitely insured your car, you received the certificate of insurance, yes? And you checked it before you drove the car, yes?
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Advice Needed For Insurance Fine
« Reply #3 on: »
No, as I was in a rush I didn't check my emails.
I did as I was leaving get an email from the insurer and stupidly presumed it was my policy documents and didn't open the email to check. I was confident it would work as a friend who I was with sent me the money to ensure it would come out. I've used this card for much larger payments.
The two of us in a rush both believed I was insured.

I understand why the law is the law. I just feel like it stands for people who intentionally break it. I have a clean record and need my license for work. I was mortified when I was pulled over.

I am unsure what decision I'm trying to get them to make as I know absolutely nothing about how court works, let alone for something like this. However, I would like them to reconsider at least how harsh the penalty is as this was an honest mistake and going to impact my business heavily.

If you have any advice I'd really appreciate it, or if you know of any numbers I could call for free legal advice as, like I said, I have never been in this situation before. Many thanks.
« Last Edit: May 31, 2025, 09:47:19 am by JimJo98 »

Re: Advice Needed For Insurance Fine
« Reply #4 on: »
Is the fixed penalty offer still open?
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Advice Needed For Insurance Fine
« Reply #5 on: »
 I've appealed for it to go through the courts but haven't pleaded either way yet. I think the option for the fixed penalty might have passed now.
I have until the 03/06/2025 to send my appeal in.

Either way I couldn't have afforded to pay for points on my insurance when it was issued. I had to delay it in order to complete some jobs and get some money in.

The past year has been financially challenging to say the least.

Re: Advice Needed For Insurance Fine
« Reply #6 on: »
If you plead Not Guilty (which is the only way to "appeal" this) you will almost certainly be convicted (barring some fatal procedural error). There is no need for the police to prove intent for the offence - you either have insurance or you don't. You didn't and had you checked properly you would have discovered that fact.

Being convicted following a trial will cost you considerably more than if you are convicted by way of a guilty plea.
« Last Edit: May 31, 2025, 10:32:41 am by NewJudge »

Re: Advice Needed For Insurance Fine
« Reply #7 on: »
Do I plead Guilty because I technically did commit the offence or not guilty because I did so unwillingly and unknowing.

As far as I was aware, I had completely insured my vehicle so would appreciate any advice.

There are some offences where not having knowledge of doing something illegal can be a valid defence but the only time this works with motor insurance is if you are driving in the course of business and you had been lead to believe that the vehicle had been insured.
Apart from this one defence, driving without insurance is a strict liability offence (which means that lack of knowledge is not an excuse).
The website below is only one of many such similar sites.

https://kenttrafficlaw.co.uk/driving-without-insurance/
Quote
If you have been stopped by the police and have been charged here is what you need to know. Driving without insurance or permitting another to do so are ‘strict liability’ offences which means that simply saying ‘I did not know’ that cover was not in force, or that the policy did not cover that person or that type of use, does not amount to a defence to the charge. In other words, the prosecution does NOT need to prove that you knew you were committing an offence!

Re: Advice Needed For Insurance Fine
« Reply #8 on: »
I did as I was leaving get an email from the insurer and stupidly presumed it was my policy documents and didn't open the email to check.

What did their email say ?

To have any defence you will need the company to confirm that you were in fact insured at the time you were driving.

Re: Advice Needed For Insurance Fine
« Reply #9 on: »
Sounds like you're looking for a 'Special Reasons' argument, but to do this you would need to plead guilty but mention you want to present a case for Special Reasons. This argument, if accepted by the court can prevent you from receiving points or a fine. However, simply saying I thought I was insured but wasn't probably isn't going to work.

You'll likely need something from the insurance company to say that they made a mistake which meant you wasn't insured or a genuine and convincing reason to why you thought you was (with evidence to support)

As everyone else mentioned, by the sounds of things, you are guilty of the offence so that's probably your best bet.

 

Re: Advice Needed For Insurance Fine
« Reply #10 on: »
What did their email say ?
I think the contents of this email will say a lot about whether there are 'special reasons' not to endorse...

Re: Advice Needed For Insurance Fine
« Reply #11 on: »
What did their email say ?
I think the contents of this email will say a lot about whether there are 'special reasons' not to endorse...

The email he didn’t read before driving?
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Advice Needed For Insurance Fine
« Reply #12 on: »
FFS, if the OP wanted us to explore the possibilities of a defence or special reasons argument, he would have posted the relevant information to enable us to do so. In English.

He presumably just wants some kind of reassurance, and mistyped mumsnet in his browser.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
Agree Agree x 1 View List