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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 insured a car with Lancaster classic car insurers on the

Resolved Question:

I insured a car with Lancaster classic car insurers on the 6th of June 2014, however I received a letter from the Motor Insurance Bureau on the 29/08/2014 informing me that my vehicle wasn't registered on the Motor Insurance Database.
I was also informed by the DVLA that I had to pay a fine of £50 by the 7/11/2014 otherwise the fine would increase to £100 and if didn't pay this I would be taken to court.
Now the reason for why my vehicle was not on the Motor Insurance Database was because the gentleman that dealt with my policy had taken down the incorrect registration and put that on the database. Now I informed the DVLA of the mistake made by Lancaster classic car insurers with supportive evidence, but still had to pay the fine myself even though it wasn't my mistake. Also because I contested the process took longer and ran over the 7/11/2014 deadline for the lesser fine and had to pay a £100 fine rather than £50.
Would just like some clarity on whether I was liable for the fine
Many Thanks
Andrew Willock
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
This is just a fixed penalty fine?
You were not summonsed to court?
I presume because you paid it?
Customer: replied 1 year ago.

Yes it was a fixed penalty fine.

No I was not summonsed to court and yes because I payed the fine

Expert:  Jo C. replied 1 year ago.
Failing to keep your vehicle insured is an offence of strict liability. Therefore, technically you were liable. There is no way around it. The vehicle was not insured and it was in your name.
However, given the circumstances you could have argue that there should be no penalty because there were 'special reasons'. That might well have succeeded.
Moreover, in the circumstances I would have been surprised if the DVLA prosecuted it. I used to prosecute traffic courts all the time and it was rare that a case such as this was pursued if evidence was produced to the effect that the failure to insure was not the fault of the registered keeper.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 1 year ago.

A little frustrating simply because I trusted somebody to take down my details correctly and they didn't, but that,s my fault for not double checking.

Lesson learnt.

Thank you for your help

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience: Over 5 years in practice
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