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#Post#: 105236--------------------------------------------------
Caught without third party insurance
By: Lakha Date: January 9, 2026, 10:47 am
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Hi, need some advice desperately. On the 3rd I got pulled over
for taking a right turn when I was supposed to (it was dark and
not familiar with the area) and police pulled me over. Got
cautioned for that and they asked me what I was doing.. this is
where it went downhill, because I told them I was on the way
back from dropping off some groceries for my father in law, as
he has a shop and they offer delivery for your groceries. Now,
its unpaid and totally voluntary, I only did it because I was on
the way back home and the persons house which I delivered to was
on the way. They then laid down the law and told me I didnt have
insurance. To which I replied yes I have and they said not
business insurance. I did not know wtf he was talking about and
he told me I cant be doing deliveries in my car and not have
business insurance. I explained that usually if I help out, I do
it in the dedicated delivery car, which I now know has business
insurance, and I am a named driver on. But that same morning, I
dropped off the delivery car because it needs a new clutch. They
didnt care. I am totally fucked because I have 6 points already
and now ill get another 6 and get banned which I cant get over.
Im the driver out of myself and my wife and work in Leeds 12
miles away for the nhs. My question is, is there ANY way of
getting out of a driving ban? I can prove that the car was taken
in that same day I can prove i dont get paid from my father in
law for anything as it was just a favor. Shall I go to court and
ask them to show me some mercy? I got letter in the post today
(ra88801 offence code) for 6 pts and £300 fine. If I go to court
will they fine me more? Is there a chance for less points? I
cant go without my car for 6 months :'(. Any help will be
appreciated. Please be nice im already stressed to the max
because of the implications it will have on my life for the next
5 years! All for a favor.
#Post#: 105242--------------------------------------------------
Re: Caught without third party insurance
By: NewJudge Date: January 9, 2026, 11:15 am
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From what you say you do not have a viable defence. You can try
contacting your insurers to see if they would provide cover in
those circumstances, though I doubt they would.
If you are convicted in court the court must impose a minimum of
six points, which will see you liable to a ban under “totting
up". They do have the option to impose a short ban instead of
points but they’re very unlikely to do so.
You will have the opportunity to make an “Exceptional Hardship”
argument so as to avoid a ban. You will have to convince the
court that you or others will suffer hardship that is over and
above that which any driver would normally suffer if he was
banned.
Here is the guidance the court uses when considering such an
argument:
When considering whether there are grounds to reduce or avoid a
totting up disqualification the court should have regard to the
following:
It is for the offender to prove to the civil standard of proof
that such grounds exist. Other than very exceptionally, this
will require evidence from the offender, and where such evidence
is given, it must be sworn.
Where it is asserted that hardship would be caused, the court
must be satisfied that it is not merely inconvenience, or
hardship, but exceptional hardship for which the court must have
evidence.
Almost every disqualification entails hardship for the person
disqualified and their immediate family. This is part of the
deterrent objective of the provisions combined with the
preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the
risk to their licence of further penalty points, the court can
take this circumstance into account.
Courts should be cautious before accepting assertions of
exceptional hardship without evidence that alternatives
(including alternative means of transport) for avoiding
exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a
driving ban for many people. Evidence that loss of employment
would follow from disqualification is not in itself sufficient
to demonstrate exceptional hardship; whether or not it does will
depend on the circumstances of the offender and the consequences
of that loss of employment on the offender and/or others.
So what “exceptional hardship” will you or others suffer?
#Post#: 105251--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 9, 2026, 11:40 am
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Thanks for your reply. Cant say that I myself or someone close
to me will suffer from a ban. Ive read online that going to
court could lead to an unlimited fine. I dont want that ontop of
an inevitable ban. If I decide to take it to court will the fine
be larger? My previous offence went to an SJP where the fine was
£600+ court and admin fees. But that was because I did not
recieve the conditional offer of the points as the
correspondence letters went to an old address, even though dvla
have my updated address, the v5 at the time of the offense was
in my current address, and my licence also shows my current
address.
#Post#: 105254--------------------------------------------------
Re: Caught without third party insurance
By: Southpaw82 Date: January 9, 2026, 11:50 am
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If you will hit 12 or more points then you can’t accept the
conditional offer (that’s one of the conditions) so you’re going
to court either way.
#Post#: 105257--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 9, 2026, 11:54 am
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[quote author=Southpaw82 link=topic=9431.msg105254#msg105254
date=1767981003]
If you will hit 12 or more points then you can’t accept the
conditional offer (that’s one of the conditions) so you’re going
to court either way.
[/quote]
What was the letter for then? I dont understand motoring laws in
the uk. Wouldnt it just go to an SJP? I guess the going to court
will be to get more money out of me?
#Post#: 105259--------------------------------------------------
Re: Caught without third party insurance
By: andy_foster Date: January 9, 2026, 12:01 pm
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Because the office issuing the CoFP don't know how many points
you have.
#Post#: 105275--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 9, 2026, 1:36 pm
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Ah I see. So im basically screwed. Will fight as much as I can
in court. Hopefully I can appeal to their softer side and
atleast be given the short ban as opposed to the points. The
that IN10 endorsement code scares me!
#Post#: 105352--------------------------------------------------
Re: Caught without third party insurance
By: roythebus Date: January 10, 2026, 8:42 pm
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Contact your insurance to see if you are covered or if they
would have covered you. the police are hving a crack down on
insurance for food deliveries and indeed deliveries of all
sorts. If you are doing any of that on a regular basis, whether
aid or not you need to be insured. The question is, did the
business benefit from your kindness? answer is yes because they
usually have their own van to do it.
There's been several similar cases where cars have been used to
ferry people about on a free and pay-for-the-petrol basis. One
case springs to mind, "the pink ladies" in the Luton area IIRC.
Taking kids to school for money, it was regular, it was a
business. another was the wife of a minicab driver, used her own
car to cover a job on day as hubby was ill, no insurance, no
private hire licences, the business benefitted from that job
even though no money change hands. I could go on with others
I've read about, but everyone ought to be aware of these matters
now. Also, if you share your ride, make sure your insurance
covers that as well! Mine forbids it as well as parcel and food
deliveries.
#Post#: 106019--------------------------------------------------
Re: Caught without third party insurance
By: sparx Date: January 15, 2026, 8:28 am
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You say the business has a delivery car but it was off the road.
Check that policy, or speak to the insurers, and see if they
cover alternative vehicles if that one is off the road. You may
find they would have covered you.
#Post#: 106020--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 15, 2026, 8:32 am
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[quote author=sparxy link=topic=9431.msg106019#msg106019
date=1768487290]
You say the business has a delivery car but it was off the road.
Check that policy, or speak to the insurers, and see if they
cover alternative vehicles if that one is off the road. You may
find they would have covered you.
[/quote]
Thanks for the reply
Can they backdate it though? Even though it was only in the
garage for less than a week? Also when the officers checked my
record it showed no business insurance on my licence so aren't I
technically banged to rights because at the time, I didnt have
proper coverage?
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