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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My son was loaned a car by a friend, who advised him that he

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My son was loaned a car by a friend, who advised him that he had 'any driver' vehicle insurance. At the time, both parties genuinely believed this to be the case. While driving the vehicle, my son was stopped by the police who believed the vehicle to be untaxed. On further investigation, the police verified the vehicle was in fact taxed but then proceeded to check insurance details. While the vehicle was insured for the owner, the police advised my son that he was not in fact covered by the policy. My son was instructed that he was to receive a £300 fine, 6 points on his otherwise clean licence and the vehicle was to be impounded. The offence was noted as 'IN10 pending'.
At this point, the police officer asked my son to sign a 'Traffic Offence Report' (TOR) which he duly did. The officer however did not complete any details on the form, claiming that he would do this later. The officer than passed my son a blank copy (apart from my son's signature) of the 'recipient's copy' of the form.
This seems highly irregular to me, as effectively my son could have signed for any offence the officer chooses to later input on the original copy of the offence report.
Mt question is - Do we have grounds for appeal and if so, how should we go about this?
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.Just to be clear it shows blank with no details whatsoever on it?
Customer: replied 9 months ago.
Yes - Yellow recipients copy has no other details apart from my son's signature.
Expert:  Ash replied 9 months ago.
Potentially then this can be disputed. You would expect in order to admit any offence those details would need to appear on the document. After all an offer could put anything on it after the event and your son could do nothing about that.So you could challenge on this basis. Even if you couldnt, he could refuse to accept the penalty and it would go to Court.He would have a potential for arguing guilty, but with special reasons. That is special reasons not to endorse his licence. He was told he was covered as 'any driver', that as we known turned out to be wrong. Therefore if his friend was willing to attend Court there would be an argument there and the Court, if they accept the special reasons might not give any points.But from what you have said, the blank form does not appear to be completed and this could be a reason to challenge.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
What is the normal process for appealing? Do we take action now or do we await further communication from the police?
Expert:  Ash replied 9 months ago.
Await further communication, unless on the reverse of the form there is an appeals procedure set out.Just strange its blank - very oddDoes that help?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 9 months ago.
Alex. Apologies, just noticed that I never closed this off. Thanks for your thoughts on this.
Ian

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