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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice.
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Customer Question

Hi, the car insurance company cancelled my husband insurance back in December because the proof of address was reached 3 days later than they asked for. They claim that the cancellation letter was sent by standard first class delivery which we did not receive. Yes, the direct debit from bank was also cancelled but we did not realise. For three months my husband was unaware that his car is uninsured. The Police stopped us two days ago and husband is been given 6points and fine. Is there any advice on whether it will be feasible to go further and avoid these points? My husband has no points and been driving for 5 years now.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. i will try to help with this.

Are you saying you received nothing from the insurance company?
Customer: replied 3 years ago.

they said they have sent cancellation letter by standard first class delivery. but we have not receive there cancellation letter.

Expert:  Jo C. replied 3 years ago.
I am very sorry but you are in difficulty here unfortunately.

Driving without insurance is an offence of strict liability. You are either insured or you are not. There is no defence in saying that you thought you were insured.

For that reason, he has no alternative but to plead guilty.

It is sometimes possible to argue that although a person is guilty there are special reasons not to add points to their licence. However, it would be irresponsible of me to tell you that there is any realistic chance of success here on that basis.

Come what may, the insurance company say they wrote to you. Even if the court accepts that you didn't receive that letter, it is likely that they would say that you should have noticed that the direct debits were not being collected.

If you are intent then you can bring the argument but you will have to pay costs if you lose.

If he's been sentenced already then you can appeal to the Crown Court but its not a good idea here.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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