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#Post#: 73991--------------------------------------------------
Advice Needed For Insurance Fine
DIR By: JimJo98
Date: May 30, 2025, 8:26 pm
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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.
#Post#: 74002--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: andy_foster
Date: May 30, 2025, 11:51 pm
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What court decision are you seeking to appeal?
#Post#: 74004--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: Southpaw82
Date: May 31, 2025, 1:37 am
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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?
#Post#: 74009--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: JimJo98
Date: May 31, 2025, 3:45 am
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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.
#Post#: 74010--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: Southpaw82
Date: May 31, 2025, 4:02 am
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Is the fixed penalty offer still open?
#Post#: 74011--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: JimJo98
Date: May 31, 2025, 4:22 am
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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.
#Post#: 74012--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: NewJudge
Date: May 31, 2025, 4:30 am
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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.
#Post#: 74013--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: Dave Green
Date: May 31, 2025, 4:39 am
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--- Quote from: JimJo98 link ---
> 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.
--- End Quote ---
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.
HTML 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!
>
--- End Quote ---
#Post#: 74019--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: AntonyMMM
Date: May 31, 2025, 5:40 am
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--- Quote from: JimJo98 link ---
>
> 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.
>
--- End Quote ---
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.
#Post#: 74142--------------------------------------------------
Re: Advice Needed For Insurance Fine
DIR By: danswa101
Date: June 1, 2025, 7:47 am
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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.
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