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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice
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hi need your help again

Resolved Question:

hi need your help again
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. -

 

What would you like to know?

Customer: replied 3 years ago.

hi its "dr waller" again, i dont know why its not logged in.


 


i was stopped today by police for suspicion of driving without insurance, and given a form, and requeseted to go to the station and collect the car.


 


after ringing the company they said they could not insure me anymore after what happenned and that they cancelled shortly after renewal because payment was rejected. they wrote to me apparently but because i was staying with parents i didnt check mail, theres no dates on their letters.


 


im upset because when i spoke to the lady about renewals and asked her if there was any furhter action for me to take and if everything was ok. she said that nothing more was needed on my behalf..


 


is there anything i can do ?


 


 

Expert:  Jo C. replied 3 years ago.
Sorry, can I just check. Were you insured?
Customer: replied 3 years ago.

no. the company cancelled because of payment rejection. but i didnt know that at the time.

Expert:  Jo C. replied 3 years ago.
Do they accept they didn't tell you?
Customer: replied 3 years ago.

theyve sent me two letters one about card issuer not accepting payment and another final 7 day formal warning of cancellation.


no dates on them or the envelope but ringing them suggests a few weeks ago.


 


they mentioned they tried to phone me - I dont remember of course.


they tried to email me, i checked my email, I dont seem to have anything from them about this.

Expert:  Jo C. replied 3 years ago.
Have they produced letters confirming that?

Or the email?

Do they have incorrect details for you?
Customer: replied 3 years ago.

I spoke to insurance this morning.


 


 


I renewed my insurance on 2nd feb. They said payment would go out around 15 feb (ive rung to check what exactly was said). i said i would take it, and could always consider later within 2 weeks if i need to make it cheaper.


 


Then on 15feb an agent rang to confirm insurance was still needed, i said yes.


 


apparently later the payment was rejected after the phone call. and no one rang me to let me know.


 


 


2 letters then went out which i just realised now, sent out 19 feb and 28 feb. I didnt get their emails. One letter to say payment was declined by ban, and the following saying i have 7 days to pay until it gets cancelled.


 


(i checked last night they had an old debit card on file which i renewed in january before the renewal call, and they have now updated)


 


It was cancelled on 10th march, 9 days before being stopped.


 


Police have issued me a "traffic offence report" suggesting i have done an endorsable offence "RT88191" driving without third party insurance.


Ive got a fine as well for my MOT being 2 months out of date- my fault, but I can cope with that fine. Everything was checked my car, the road tax, v5. All the rest are ok.


 


I am not sure if i was supposed to be cautioned. the officer asked me to sign under "no reply" in the caution box. When I asked him about this he then read the caution out. Perhaps that was because he was still in training.


 


My main concern now is how this is going to affect my CRB.


 


Is this a potentially a criminal offence rather than a civil one.


 


could this mean that as a doctor I could face unemployment.


 

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

What I need to know is this.

Have they produced letters confirming that?

Or the email?

Do they have incorrect details for you?
Customer: replied 3 years ago.

Yes I had received the 2 letters, but didn't get round to reading them, thinking they were routine sales stuff.


 


The card they had on file was the old one from when i first took out the policy a year ago. all the other details were correct.

Expert:  Jo C. replied 3 years ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Come what may, you were not insured. No insurance is an offence of strict liability. Either you are insured or you are not and you are not.

I had been hoping that you could plead guilty and ask the court not to add points on the basis that there was specific reasons not to do so but it wouldn't appear that is the case because you accept receiving the letters and just didn't deal with them. Special reasons is a very high test I'm afraid. You pretty much have to show that you had no good reason at all to know you were uninsured.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Thanks,


 


I can cope with the fine and the points, but can this affect my CRB ?


 


Is there a clear rule to a declare driving offence such as this (in your opinion) on the CRB, or is it still a contentious issue (reading on the internet) ? if so is there anything I can do to help mitigate this, eg show that the insurance renewed but cancelled only 8 days before / was working long hours and suffering from stress ?


 

Expert:  Jo C. replied 3 years ago.
Yes, a conviction for no insurance will show on your CRB/DBS report.

Generally speaking fixed penalties do not show on CRB although really for no good reason except, I suspect, that they are stored at the DVLA rather than on PNC.

Whether or not you can mitigate it is really an employment question which isn't my remit. Generally speaking though, no insurance tends not to stop anybody being employed unless they actually do a job that entertains driving. Its not a conviction that has any impact upon your character.
Customer: replied 3 years ago.

(payment increased)


 


Would I likely have to go to court ? Am I likely to be fined more for being a doctor ? Does it depend on the circumstances ie. bounced payment (for which I have a letter to prove), rather than refusing to buy insurance. Do people normally have representation for such matters ?. Sorry I am completely new to this :((


 


Would it be advisable or essential to make a statement about my circumstances again with the police tommorrow in addition to what happenned yesterday in view of potentially going court ? Can this be settled with a fine at the police station, and how would that usually be decided ?

Expert:  Jo C. replied 3 years ago.
No,they may give you a fixed penalty. Sometimes no insurance is resolved in that way.

Sometimes being a professional does aggravate rather than mitigate essentially because you should have known better but not here. I would be surprised if they even know.

They usually offer fixed penalties if its a first offence and they take the view there are no aggravating features.
Customer: replied 3 years ago.

Sorry I may have not clarified earlier, Ive been given three slips.


 


One an MOT fine, another to collect the car via the police station first with documents, and a third "traffic offence report" which states on the back "do nothing until you receive further written instructions from constabulary", "we will not be able to deal with any queries until this point" and about getting fixed points "OR" court.


 


I'm presuming this is so they are not inundated with calls, but does this mean there is no point in explaining things further at the police station, when I go to collect the car, and a court hearing is more likely because of the MOT running out ? My MOT is out of date 2 months is that an aggravating feature ? I am not sure what an aggravating feature would entail ?

Expert:  Jo C. replied 3 years ago.
The mot running out is an aggravating feature but they may still offer a fixed penalty.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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