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Alice H
Alice H, Solicitor/Partner
Category: Traffic Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I was stopped in my car on the 18th Dec and found my

Resolved Question:

I was stopped in my car on the 18th Dec and found my insurance company had cancelled my policy on the 16th Dec. I was unaware they had done this as the letter of cancellation arrived to me on the 21st. They had sent out a warning letter that they may cancel as they were unable to collect my annual payment. This was because the card was stopped as it had been stolen. I had forgotten this insurance payment come out of the card. I have another car I could have driven if I had been aware of this. I would never or needed to drive a car without insurance. I tried to get the insurance company to backdate it, but they would not do this, they renewed the policy from the 19th and back dated my old policy to the 9th November. The police woman stated she may charge me. what penilties or fines am I likely to have
Submitted: 1 year ago.
Category: Traffic Law
Customer: replied 1 year ago.
Forgot to mention I have been with the same insurance company for the past 5 years the insurance just renews atomatically.
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. Do you have a clean licence?
Customer: replied 1 year ago.
yes
They also breathalized me and I was zero
Expert:  Alice H replied 1 year ago.
OK. This was clearly a very unfortunate incident and sadly many people get caught out when cards fail or direct debits are cancelled. However, as far as the law is concerned you must be insured when driving - this is a strict liability offence which means that where there is no reason, for whatever reason, you are guilty of the crime of driving without insurance. If prosecuted the penalty is 6 - 8 penalty points on your licence plus a fine and costs. You might be able to argue 'special reasons' not to endorse your licence with points even though you are guilty. A special reason is where you admit the offence but because of the particular circumstances, but the court decides not to endorse your licence but instead could simply order you to pay a fine and costs. The fact that your card was lost and the payment failed is an arguable point although the court will ask why any standing orders/payments were not made using a different method.
Expert:  Alice H replied 1 year ago.
Can I assist any further? Please remember to take a moment to rate my answer otherwise I am not paid for my time.
Customer: replied 1 year ago.
This would be my first ever offence and I am 51 years old what would the fine be and court costs. would it need to go to a court. and could this mean a ban
Customer: replied 1 year ago.
how many points is it to lose licence
Expert:  Alice H replied 1 year ago.
No, it's only a ban if you reach 12 points. There is no need to go to court, these things can be dealt with by post - full details of the procedure will be enclosed with the summons if the police decide to prosecute. The costs are usually £85 if dealt with by post - the fine depends on your personal income and outgoing but usually you would expect to pay a couple of hundred pounds if you're on a low income.
Customer: replied 1 year ago.
so is it £85 or a couple of hundred or both.
I am still waiting for the police woman to come and charge me, but not keen to speek with her. i could tell she and her collegue was disappointed with the zero breath test
Customer: replied 1 year ago.
i also do not have any income as i am a house wife will they base this on my parners income. i do not get any benefits
Expert:  Alice H replied 1 year ago.
The court cost is £85 PLUS a fine of a couple of hundred pounds usually.The police will usually send the court papers by post so they may not come back at all.The fine is based on your income but the court will want to know your partners income too. If your partner earns a high income they could increase the fine but usually they won't want to penalise your partner as you are the person alleged to have committed the crime.
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