Free Traffic Legal Advice

Good Morning All,

I am in a bit of a situation and a friend has recommended your good forum to get advice.

Summary of the situation:

On 16/2/24 I was stopped by police not sure of the exact reason of the stop but I am assuming my vehicle was flagged up on their ANPR as having no insurance.
I was driving my own vehicle registered under my name with my young daughter as a passenger.

The police officer asked me if I had insurance and I said yes of course. After checking on their systems they informed me there was no insurance on the vehicle to my shock and I thought there must have been some sort of mistake.

My (soon to be ex) wife and I have a multicar policy and she is the one that normally renews every year. We are currently going through a break up with court proceedings under way to decide things like child custody etc. During the incident I attempted to contact her to see if she had renewed but could not get hold of her. I then messaged her to which she replied and it became apparent that she had not renewed the policy on my vehicle. As it is a joint policy I am assuming she would have had to actively remove my vehicle from the insurance without my knowledge and without letting me know.

I contacted a relative in the car industry who spoke with the police and I am not sure what they discussed but after speaking with them and explaining my situation the police were sympathetic in allowing me to do any insurance policy there and then to allow me to drive the vehicle again rather than get it towed away which is what I think happens under normal circumstances.

I have already received the letter of offer for fine and points which I did not respond to as I wanted to explain the circumstances of this in court. I now have the single justice procedure notice and would like to know your thoughts. I have until 5th of August to reply to this.

Link to documents: Apologies if they are all over the place, did not know how to sort.

https://imgur.com/a/Q9jQ8SW

https://imgur.com/a/vGmQf1d

Questions -

1)Is there any defence where I can argue that I had sufficient reason to believe I had car insurance as it was a joint policy. If not does that mean people in such multi car policies would have to check daily if they have insurance in case the named policy holder has decided to cancel the insurance? Is that realistic?
2)Is there any criminal complaint I can put against my wife with regards to cancelling / removing my car from the multicar policy and not informing me of this? In the knowledge I was driving our daughter around and that I could face serious consequences where I to be stopped by the police (which I was) and potentially affect my employment and professional registration. I just dont know how she could have done this and also allowed her daughter to be driven in an uninsured vehicle.
3)Some of the officers statements are not accurate such as me saying no comment which was not the case, I was in full conversation with them trying to explain what had happened but none of this appears in the witness statements.
4)Probably a moot point - on the actual letter it is addressed without stating my first name (only has my middle name and surname), but my name appears in full on other parts of the documents sent by the police.

https://imgur.com/a/9ekwPLJ

These ones for clarification

Thank you for your reply.

It was my wife that would normally renew our insurance policy plus it would have been on autorenew if that helps my case I'm not sure.

I am in the process of obtaining information from the insurer to try and prove she actively removed my car from the policy but im having trouble as the policy is in her name. I don't if doing a subject access request would help or if they are obliged to hand over information if ifs regarding a criminal case.

Regardless of how I wish to present my extenuating circumstances I am assuming u should just plead guilty and then try to explain the situation to the judge. I already have 6 points so I am potentially at risk of losing my license but I need my car for work as I commute long distances.

Can I make a criminal complaint against my wife's actions?

Depending on the facts, she may or may not be guilty of some inchoate offence.

I don't if doing a subject access request would help

That would seem to be your best bet, the answer certainly can’t harm your case but may well help it.

In response to whether it would cause exceptional hardship, I think it definitely would.

I travel between different sites for work. Losing my ability to drive would increase commute times considerable and would definitely mean spending more money which I don't have at the moment with child custody / divorce proceedings. I am having to pay about 80 pound an hour at the moment to see my child twice a week. I would need the car also to transport my child to her mother and we live more than an hours drive away. Public transport may add an extra hour to the journey each way this would again be more expensive financially and reduce the amount of time I have with my child.  Would you consider this excessive hardship?

With regards to subject access request my data should be on there as a named driver so on whst basis could they refuse?

Thanks for all your help.

In response to whether it would cause exceptional hardship, I think it definitely would.

I travel between different sites for work. Losing my ability to drive would increase commute times considerable and would definitely mean spending more money which I don't have at the moment with child custody / divorce proceedings. I am having to pay about 80 pound an hour at the moment to see my child twice a week. I would need the car also to transport my child to her mother and we live more than an hours drive away. Public transport may add an extra hour to the journey each way this would again be more expensive financially and reduce the amount of time I have with my child.  Would you consider this excessive hardship?

The question is not whether it is "excessive", but "exceptional".

NewJudge has posted the guidelines above, which make it clear that loss of one's job is not exceptional, and that would seem to include the job becoming impossible.

Similarly, having to use public transport or taxis is far from exceptional.

It's not clear why a longer journey would reduce the time with your daughter, rather than just meaning an earlier start and later finish for yourself.

BTW I am not unsympathetic, but it's better to have these points raised here than by the magistrates.

Impact on your daughter is important, possibly also impact on grandparents. That can carry more impact.