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DIR Return to: Speeding and other criminal offences
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#Post#: 106090--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 15, 2026, 12:25 pm
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[quote author=Southpaw82 link=topic=9431.msg106088#msg106088
date=1768501181]
[quote author=sparxy link=topic=9431.msg106072#msg106072
date=1768498072]
[quote author=Southpaw82 link=topic=9431.msg106036#msg106036
date=1768491118]
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.
[/quote]
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]
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]
You're too clever for me lol I had to read it a few times to get
my head around it.
#Post#: 106109--------------------------------------------------
Re: Caught without third party insurance
By: Daim456 Date: January 15, 2026, 5:12 pm
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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.
#Post#: 106134--------------------------------------------------
Re: Caught without third party insurance
By: BertB Date: January 16, 2026, 4:21 am
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* If found guilty
#Post#: 106758--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 21, 2026, 2:44 am
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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?
#Post#: 106781--------------------------------------------------
Re: Caught without third party insurance
By: andy_foster Date: January 21, 2026, 4:35 am
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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.
#Post#: 106782--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 21, 2026, 4:38 am
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[quote author=andy_foster link=topic=9431.msg106781#msg106781
date=1768991705]
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.
[/quote]
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
#Post#: 106797--------------------------------------------------
Re: Caught without third party insurance
By: andy_foster Date: January 21, 2026, 5:42 am
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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?
#Post#: 106798--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 21, 2026, 5:43 am
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[quote author=andy_foster link=topic=9431.msg106797#msg106797
date=1768995750]
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?
[/quote]
My 6 points came from one offence of speeding which was 22nd feb
2025
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