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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice
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hi my husband had my car at work i own it and its my insurance

Customer Question

hi my husband had my car at work i own it and its my insurance with my husband as a driver but he got his own business and one of the vans broke down and my hubby asked one of the workers to go and deliver a small fruit and veg order ,he drives all our vans and our cars he got stopped for speeding and to our surprise he didnt have any of his own insurance although he told us he had, and has been driving cars for us for years and cars that are brand new in price range of 50,000 plus , do you think we would have allowed this if we didnt think he was insured we automatically thought he would have had third party cover but cut long story short my wife has recived a fixed penalty in today for £300and 6 points is their any way out of this as it is a genuine story honestly my wife didnt even know anything about it to the police phoned her and told her to come to police station to get charged ,what can we do here ??
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to do about this please?
Customer: replied 3 years ago.


what info do you need ?

Expert:  Jo C. replied 3 years ago.
I was just wondering what you wanted to do about this?
Customer: replied 3 years ago.


For Jo C HI I JUST DONT WANT ANY POINTS ON MY WIFES LICENSE AS SHE INNOCENT IN ALL OF THIS DONT MIND PAYINGT HIGHER FINE THOUGH ?

Expert:  Jo C. replied 3 years ago.
Thanks.

The only way that can be achieved is to contest this on the basis that there are special reasons not to endorse her licence.

To argue special reasons successfully you have to show that there is no reason that she should have known that he was uninsured.

The risk of doing this is costs. She would have to reject the fixed penalty offer and invite them to requisition her. If she loses at court then she would be liable for costs of between £300-£600 although they are unlikely to add more points or disqualify.

Alternatively she could write to the PF making representations to the effect that this is not in the public interest to prosecute this. It is free to do that and does no harm so its worth a try. You need to explain why its not in the public interest.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


For Jo C WHAT WOULD YOU DO IF IT HAPPENED TO YOU AND WHAT ARE THBE CHANCES OF GETTING AWAY WITHOUT ANY POINTS I WILLING TO TAKE THE CHANCE EVEN IF I HAVE TO PAY THE EXTRA IF I DONT WIN

Expert:  Jo C. replied 3 years ago.

Personally, I would never take a fixed penalty offer. I don't think you get very much out of them. I would always wait to be requisitioned. They do forget sometimes. The risk is that the financial penalty will be higher if you are requisitioned but thats one I am willing to run. Whether you are is a matter for you.

Special reasons is always a very high test. You basically need to show there was no reason to believe that he was uninsured. Good special reasons arguments involve people who were shown insurance certificates by their drivers but they were subsequently cancelled without their knowledge.
Customer: replied 3 years ago.


For Jo C THANKS FOR YOUR HELP I KNOW I KEEP GOING ON BUT WHAT IF WE JUST LEAVE AND DONT REPLY AND TRY AND AVOID ANY CONTACT WITH THEM , WHAT WOULD BE THE SITUATION THEIR ?HOW LONG DO THEY HAVE BEFORE THE TIME LIMIT FOR THE CHARGE HAS PASSED

Expert:  Jo C. replied 3 years ago.
The risk is that they will requisition her, convict her in absence and enforce the order by means of bailiffs.

if they remember to requisition then they will do the rest.

Its not a good idea to ignore things like this.
Customer: replied 3 years ago.


For Jo C OK LAST QUESTION THANKS FOR YOUR PATIENCE. do you think ignore fixed penalty then go to court or write a letter to pf telling him the whole truth iwilling to take the chance of bigger fine just looking for any chance or best chance not to get any points its the bloody drivers fault lying to us he had insurance thanks for everything i await your final advice thanks

Expert:  Jo C. replied 3 years ago.
No problem.

If you are prepared to run the risk, just refuse the fixed penalty and wait for the requisition.

If the requisition comes, write to the PF asking him to review the public interest.

if that fails you can argue special reasons at court.

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