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#Post#: 22428--------------------------------------------------
69 in a 50 speeding (no insurance)
DIR By: anwarhaar
Date: May 14, 2024, 10:58 am
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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)
#Post#: 22433--------------------------------------------------
Re: 69 in a 50 speeding (no insurance)
DIR By: Logician
Date: May 14, 2024, 11:33 am
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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.
#Post#: 22437--------------------------------------------------
Re: 69 in a 50 speeding (no insurance)
DIR By: slapdash
Date: May 14, 2024, 11:46 am
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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.
#Post#: 22466--------------------------------------------------
Re: 69 in a 50 speeding (no insurance)
DIR By: sparx
Date: May 14, 2024, 4:52 pm
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--- Quote ---
> i was away on holiday when my daughter took my car with my
consent i told her to make sure she is insured
--- End Quote ---
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.
#Post#: 22472--------------------------------------------------
Re: 69 in a 50 speeding (no insurance)
DIR By: andy_foster
Date: May 14, 2024, 5:22 pm
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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.
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