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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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Yesterday I was charged with not having insurance. I told the

Resolved Question:

Yesterday I was charged with not having insurance. I told the plice it's untrue and I was able to prove this with documents and after phoning my insurance. At the time they charged me as there was no evidence. I read that I was 7 days to give documents to the poilce (I went in an hour after they charged me with my documents of proof) I just want to know if they had the right to charge me when it says I have 7 days to provide proof.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why do you think there is no evidence?
Its all electronic now.
Customer: replied 3 years ago.

On their system it came up with me not having insurance and they also said my insurance I am "supposedly" with can't find me. - This turned out to be completely untrue as my insurer said he can find me fine on there system. I had the evidence at my mums house which was a mile away and I told them this before they charged me, my mother raced over and actually just passed them outside my house but they said "They couldn't hang about" and charged me. They accused me of lying about everything. I took my insurance claim in as soon as my came came over and phoned my insurance this morning. Why online does it say I have 7 days to provide proof but they wouldn't give me an extra 5 minutes? Then charged me

Expert:  Jo C. replied 3 years ago.
They do not have to give you 7 days.
The 7 days issue comes from their right to issue a HORT/1 giving a motorist a demand that they produce within 7 days. That is not a statutory right with all offences.
No insurance is investigated now electronically as the police computers link to the DVLA records now.
If you can produce an insurance certificate that will cover you to drive this particular vehicle on the day in question in the way that you did then you just produce it to the PF and the matter will be dropped.
Can I clarify anything for you?
Jo
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