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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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I was traveling with my friend on Tuesday. We were in a van

Customer Question

I was traveling with my friend on Tuesday. We were in a van he had borrowed from a colleague.
While approaching a round about, we were waved off the road by a police officer into a hotel car park where they were doing random spot checks on vehicles. The van is a bit scruffy so I guess it was a logical choice.
The van was checked over and everything was fine. They asked if my friend (Who was driving the van) was insured to drive the van and he said he was fully comp on his car and was entitled to fervid the van. The police asked for his cars registration and checked his details. It came back that he wasn't covered. He was given 6 points and a £300 fine.
They seized the van and took it away even though my insurance covered me to drive the van away.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

How can I help with this please?
Customer: replied 2 years ago.
Hi Jo
Have you read my question?
Expert:  Jo C. replied 2 years ago.

It doesn't contain a question.
Customer: replied 2 years ago.

My friend was not asked to show insurance on a public highway but in a private carpark?
Are the police allowed to issue fines and points on a private property?
Expert:  Jo C. replied 2 years ago.
Yes, they are I'm afraid.

You have a duty to keep your vehicle continously insured or declared SORN anyway so parking off road is no defence any more.

But, in any event, this was not parked off road. They saw you driving on a public road. The fact that the fine was actually handed to you on private land doesn't invalidate it if there was an observation of a person driving uninsured on a public highroad.

I'm sorry if thats bad news but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 2 years ago.
Can I just clarify that the van was insured with the owner of the vehicle it just turned that the driver wasn't covered under his own insurance to drive it.
Also, we were not pulled off the road purely as a spot check. No one had ran the registration. Does that make a difference to your question?
Expert:  Jo C. replied 2 years ago.
If the owner's insurance covered the driver to drive that vehicle then he can rely on that.

I'm not sure what you mean about a spot check? Whatever the cause though, there is only one issue here and that is was the driver insured.
Customer: replied 2 years ago.
The driver thought that his insurance that he has for his car, covered him to drive any other vehicle. It didn't. I'm not questioning that.
What I mean by a spot check is that a policeman stands at the side of the road and picks random vehicles and pulls them into a carpark where they're inspected for safety, insurance, MOT, Red Diesel etc.
I understand what your saying about cars needing insurance or to be declared off road but all this happend on private property and the vehicle is insured. My question to you is this. Can the police run vehicle checks, issue fines and points on privately owned land?
Expert:  Jo C. replied 2 years ago.
It didn't happen on private road. You were seen on a public road.

Yes, the police can run checks on private land though.

In any event, a hotel car park is a public place even though its not a road and the defintion in S143[1][a] demands insurance in a 'road or public place'.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 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

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