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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70306
Experience:  Over 5 years in practice
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I got pulled by police for not having insurance I thought I

Customer Question

I got pulled by police for not having insurance I thought I had insurance but my insurance company had put a block on it for a missed payment and not receiving my no claims from my previous company without telling me I proved to them I had paid my payment and was told that the block should heve been removed I now stand to loose my licence as I am already on 8 points what can I do
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.

Just to clarify, should the block have been removed prior to you being pulled over by the police?
Customer: replied 3 years ago.


Yes

Expert:  Jo C. replied 3 years ago.
But they still say you were uninsured ?

Had they notified you?
Customer: replied 3 years ago.


No I have not received any comunications from them no phone calls,Letters or emails

Expert:  Jo C. replied 3 years ago.
Thank you.

You may be offered the fixed penalty at the outset. Obviously that doesn't assist you as it will render you liable to the totting provisions and the police will realise that fast enough so this is going to court one way or another.

You can always write to cps making representations that this case is not in the public interest for the reasons you outline. That does sometimes work. Often they ignore you too but its worth a try for the price of a stamp.

Failing that, you will have to plead guilty and argue that there are special reasons not to endorse your licence. Special reasons is a high test to reach in fairness. It is usually available to a defendant who just had no way of knowing his insurance was invalid. That doesn't cover a defendant who closed his eyes to the obvious though. If the insurance company led you to believe that you were insured or the insurance was reinstated and did not tell you it was not then you have a reasonable chance of success.

Can I clarify anything for you?

Jo