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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience:  Over 5 years in practice
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I have received a penalty notice for driving without insurance.

Resolved Question:

I have received a penalty notice for driving without insurance. I had recently changed the number plate on my vehicle but forgot to inform the insurance company so when i was stopped there was no valid insurance on the car. Although after being warned and issues a white ticket I was then free to drive off I guess knowingly uninsured by the PC that had written the notice.
I am 50 years of age with a clean licence. I have 3 cars in our household and am the main driver on 2 of the policies ( Nissan/Honda) also a named driver on my wifes car. (VW)
I feel a little hard done by here as I pay my insurances and car tax without fail and seem to be punished for an oversight. I have been overseas working and was under the impression that the vehicle was the same i.e. chassis number vin ID even though it had a different reg no
They have offered me an out of court settlement of £300 plus 6 points but I feel I have mitigating circumstances as this was an oversight with valid insurance on the previous reg no. I am also intrigued that I can be 'let go ' bythe PVC whilst in his eyes legally uninsured
Should I pay the fine or fight it ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you have a defence to this please?
Customer: replied 2 years ago.

I am asking do I have a defence given the circumstances i.e. This is clearly an oversight not a deliberate attempt to avoid paying insurance compounded with being released to continue my journey win the same status as before being pulled over

Expert:  Jo C. replied 2 years ago.
you do not have a defence I'm afraid.
Having no insurance is an offence of strict liability and this particular vehicle was not insured. There is no way around it.
I realise that you weren't deliberately driving without insurance but lots of people end up in this position I'm afraid. The points that you make are a matter for mitigation not trial.
The only thing that you could do is write to CPS and ask them to review the public interest of the prosecution and point to your long standing insurance history. Its probably worth doing that. They may take a view but, in truth, I wouldn't bet anything valuable upon it.
You could try arguing that special reasons exist to avoid points at court but that would still leave a conviction and a fine and it would be irresponsible of me not to warn you that you wouldn't win. Its just plain not special reasons. You didn't update them. Thefore, it was your error. Special reasons cover people who are not at fault at all.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thanks Jo

I had pretty much come to the same conclusion and I could live with the fine but not happy about the points for a genuine oversight . I was hoping I may be covered via the two other policies, one (Honda) allows me to drive any other vehicle third party but seems that vehicle must also be insured - I was in the Nissan at the time of the alleged offence so same vehicle that was insured from Jan 2014 but with a different Reg No which seems then makes it another vehicle so really its a bit rough

I will drop the CPS a note and see what transpires but whilst legally there is no defence am annoyed about the situation although theres were no incidents and if I handy been pulled over would probably still be driving uninsured thinking I was fully insured.



Expert:  Jo C. replied 2 years ago.
Yes, I would try. You might meet with a reasonable reviewing lawyer.
Mention your history of keeping the vehicle insured.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience: Over 5 years in practice
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