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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice.
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Hi, My brother recently bought a new car. At the dealership

Resolved Question:

Hi,

My brother recently bought a new car. At the dealership it advertised 7 days free insurance. My brother presumed this was the case, however he was recently ticketed by the policer for driving without insurance.

Is this a cautionable offence? He believed sincerely XXXXX XXXXX insured.How does he get off it without getting 6 points on his license

Thanks

ben
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was there any mention of insurance in the documentation for the car?
Customer: replied 3 years ago.

Hi Jo,


 


Unfortunately not. My brother assumed that the general sales literature on display regarding "free 7 day insurance" was a blanket incentive, however after examining his documentation it does not appear that this applied to this sale.


 


Ben

Expert:  Jo C. replied 3 years ago.
Thank you.

No insurance is an offence of strict liability which means that either you are insured or you are not. Unfortunately he was not and that there is no way around that. For that reason he has no option but to plead guilty although he could always write the CPS asking them to review the public interest of this matter. Also, they may well offer him a fixed penalty fine of 6 points and £200.

In terms of avoiding the points, there is really only one way to do that in this situation and that is to go to court and argue that special reasons apply not to at the points. It would be irresponsible of me to tell you that he has a good chance of succeeding. With special reasons hearings the defence have the burden of proof to satisfy the court that there was no reason that he could have known that he was uninsured. Usually it's a possibility the people who have had their insurance cancelled in error by the insurance company and the insurance company except that they did not notify. What you seem to be saying here is just that he relied upon what was said to him and that may not be found to be sufficient.

He does have that option though and there is a chance that it could succeed.

He also has a claim in breach of contract against the dealership that seem to have advertised this car incorrectly.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you? Jo
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