Caught without third party insurance

Just so it's clear, as well as contacting your own personal insurance, get your father in law to contact his business insurance incase you have cover on that side instead.

Yeah will do dude. Hoping for the best. I like to think that I have some mitigating circumstances, just have to hope the court decide not to punish me harshly!

I doubt this will go to court, a fixe penalty is the usual offer. Did the police let you drive away after they stopped you? If so that's a rarity as they usually make you walk home and the vehicle get lifted to the car pound.

I doubt that mitigating circumstances will help as no insurance is a clear-cut matter, either you've got it or you haven't.

I doubt this will go to court, a fixe penalty is the usual offer. Did the police let you drive away after they stopped you? If so that's a rarity as they usually make you walk home and the vehicle get lifted to the car pound.

I doubt that mitigating circumstances will help as no insurance is a clear-cut matter, either you've got it or you haven't.

Well i wont meet the conditions of the conditional offer the police sent via post; as i already have 6 points. This will give me another 6 pts minimum so 12 points will be referred to court. Yes the police let me drive the car home.

There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.

Interesting, but if the business policy was to cover any vehicle, and OP would have been covered at the time regardless, surely OP would then be not guilty?

Quote from: Southpaw82 on January 15, 2026, 03:31:58 pm

There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.

Interesting, but if the business policy was to cover any vehicle, and OP would have been covered at the time regardless, surely OP would then be not guilty?

It's a matter of contractual construction. If the insurance contract did not cover the use at the time, the fact that the insurer extra-contractually says that they would have covered the risk does not invalidate the offence. Until the OP knows what the contract covered at the time, as distinct to what the insurer might have paid out on as a matter of discretion, the question is up in the air.

Quote from: sparxy on January 15, 2026, 05:27:52 pm

Quote from: Southpaw82 on January 15, 2026, 03:31:58 pm

There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.

Interesting, but if the business policy was to cover any vehicle, and OP would have been covered at the time regardless, surely OP would then be not guilty?

It's a matter of contractual construction. If the insurance contract did not cover the use at the time, the fact that the insurer extra-contractually says that they would have covered the risk does not invalidate the offence. Until the OP knows what the contract covered at the time, as distinct to what the insurer might have paid out on as a matter of discretion, the question is up in the air.

You're too clever for me lol I had to read it a few times to get my head around it.

To reply to your earlier message about unlimited fine for no insurance.

Yes the fine is unlimited however the starting point of fine is 1.5 time of your net weekly income.

The fine would be detucted 33% for Guilty plea.

Plus there is victim surcharge which is 40% of fine Plus cost £90 for Guilty plea.

For Not Guilty plea the cost would be at least £650.

* If found guilty

Should I ignore the letter and let it go to court, or should I fill out the part where it says i want to contest this matter. I wont end up paying more of a fine if I end up ignoring the letter will I?

The concept of contesting a COFP is a nullity - you either accept it (you can't), or you don't. If you don't accept the COFP, then it has no bearing on anything else, and it is then open to the police (after the expiration of the 28 day suspended enforcement period) to instigate court proceedings - the same as if they had not issued the COFP.

N.B. The fine will be based on the sentencing guidelines, not the COFP, as explained by Daim456 above.

The concept of contesting a COFP is a nullity - you either accept it (you can't), or you don't. If you don't accept the COFP, then it has no bearing on anything else, and it is then open to the police (after the expiration of the 28 day suspended enforcement period) to instigate court proceedings - the same as if they had not issued the COFP.

N.B. The fine will be based on the sentencing guidelines, not the COFP, as explained by Daim456 above.

Thanks, Ill just let the 28 days elapse and have the cofp refer it to court. I dont feel like paying £300 only to get it back and then it go to court anyway

Quick sanity check - for the purposes of totting up, points count for 3 years from date of offence to date of offence - were all of your current points from offences committed less than 3 years before the current offence?

Quick sanity check - for the purposes of totting up, points count for 3 years from date of offence to date of offence - were all of your current points from offences committed less than 3 years before the current offence?

My 6 points came from one offence of speeding which was 22nd feb 2025

*UPDATE*
Today was the court date. 6 points, £400 fine and a 6 month ban. It went the way you guys told me it would, even though I wad naive in the beginning believing I had solid mitigation, in the end, it didnt even matter. I put up a good fight, I had a good few documents that supported every word that I was saying but I think they'd already made up their mind. Ah well it was nice while it lasted. The fine was what shocked me the most, I didnt think it would be so low, so i am very grateful for that. Dread to think what the insurance on my M235i will be like with an sp30 and an in10 on my licence though😂😂😂😂

Thanks to all the replies and advice. I actually did take up every bit of advice that was given from this forum. See you guys on the flip side!