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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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My father was stopped by police on 31/12/14 driving my cousin's

Customer Question

My father was stopped by police on 31/12/14 driving my cousin's car, he is covered with fully comprehensive cover (he has driven for more than 30 years no points or previous convictions). However the police said the car is still not insured and they gave him a ticket stating a penalty of a £300 fine and 6 points (he has 7 days to contest or provide his details at the station and the pay the fine).
The car used to belong to my sister who had my dad as a named driver on her insurance policy, however my sister sold the car to my cousin and my sister's policy was stopped at the end of Sept-14.
The car was taken to the pound after the incident on the 31/12/14. To release the car a minimum of 1 month insurance documentation has to be provided and to keep the car tin the pound has a daily charge (The car is not worth more than £300). The car was going to be sold, however it seems pointless getting the car back from the pound due to value of the car and the possible penalties, is there a way to resolve the situation without my father getting points on his record and paying the £300 fine?
What can we do about the car in the pound as it seems not financially viable to get the car back (let it get crushed?).
Kind regards.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : I assume your father had no knowledge the insurance was stopped?
JACUSTOMER-gnzg0yur- :

Hello Alex,
Only when the officer informed him he was not insured he found out.

Alex Watts : Ok.
Alex Watts : well the car you need to show is insured to get it back, if you don't it will be crushed.
Alex Watts : But I guess the more pressing matter is the points.
Alex Watts : He can refuse to accept the fixed penalty and the matter will go to court.
Alex Watts : He can plead guilty, as the offence is made out for no insurance but ask the court to consider what is special reasons
Alex Watts : He can explain he was under the impression he thought the car was insured.
Alex Watts : Ideally the cousin will need to attend court and confirm your dad didn't know the policy was stopped.
JACUSTOMER-gnzg0yur- :

I gathered logically the car is not worth the time as it's worth £300 and was going to sold anyway. To obtain insurance for a month it would cost over £300, making it non viable to get the car back

Alex Watts : The court can then consider this and can impose 0 points.
Alex Watts : But really the policy holder, the cousin needs to go to court as well as dad to confirm his story
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-gnzg0yur- :

On the basis that you state my dad plead guilty and asks to consider," special reasons" what the worse possible outcome by going to court? Would he have to hire a lawyer also?

Alex Watts : Worse scenario is a fine and 6 points.
Alex Watts : He should have a lawyer yes, but he could represent himself.
Alex Watts : A lawyer would be better
Alex Watts : There is a legal test for special reasons you see
JACUSTOMER-gnzg0yur- :

I ask because I reed that sometimes by going to court the penalty could be even stronger

Alex Watts : He may get a higher fine, but the points would either be 0 or 6
JACUSTOMER-gnzg0yur- :

I have to also state that the insurance was with my sister his daughter with him as a named driver and she's not in the country at present as she migrated.

Alex Watts : I see. If she can provide a written statement emailed to be presented in court that would help
JACUSTOMER-gnzg0yur- :

What points should the email/ letter state from my sister's side?

Alex Watts : Just that she cancelled the insurance and did not tell your dad.
Alex Watts : That is the main thimg
Alex Watts : thing
JACUSTOMER-gnzg0yur- :

Would a court just accept an email?

Alex Watts : Well it would need to be a word document you need to print out. She would need to sign it so need a scanned signature
Alex Watts : Clearly the weight placed on that is not as much as if she had attended.
Alex Watts : But if your dad did not know special reasons do exist.
JACUSTOMER-gnzg0yur- :

Is our chat going to be sent to my email address so i have it on record and sit with my dad to talk him through your points?
He is not so tech savvy with computers and technology like this.

Alex Watts : Once you rate the format changes so you can print it off
Alex Watts : But the key to remember is special reasons
JACUSTOMER-gnzg0yur- :

If there's more questions after I rate am i able to ask you again through this medium or do I pay again?

Alex Watts : Yes If it's related to this you can come back to it, although the site may give the impression the question closes
Alex Watts : Can I clarify anything else for you today?
JACUSTOMER-gnzg0yur- :

You have been clear and very precise with me, if there are more points or questions I shall return like Detective Columbo to ask more questions.
Thank you for your time and efficiency towards me, enjoy your evening and weekend.

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Alex,

In relation to my previous question.

When stating that my sister sold the car to my cousin thus changing the named owner of the vehicle on paper, does that mean as my sister sold the car and he knew it was sold my dad should have known he was not covered by insurance thus making him liable of the offence and outside the claim for, "special reason"?

Expert:  Ash replied 1 year ago.
Well Sister will need to say that the insurance was cancelled and didnt tell Dad.
That is what sister needs to say.

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