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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69261
Experience:  Over 5 years in practice.
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Jo. In short, my partner has a summons to attend Court to

Customer Question

Hi Jo. In short, my partner has a summons to attend Court for failing to meet requirements of Section 144A of A of RTA.
I bought my partner a classic car from Italy, as a surprise engagement present. The car was imported and a friend undertook the task of registering it for me as I have no experience of this. The car was registered in my partners name.
Once the car arrived in the UK I insured it under my name with Hagerty under its serial number as, at that time, it was not UK registered. My partner was on the policy as a named driver.
The car has since sat in a secure garage awaiting restoration.
My partner received a penalty notice for failing to insure the vehicle. We replied confirming the vehicle was insured & heard no more so thought the issue had been resolved.
My partner has now received a Summons to attend Court.
Is the problem:
1) That the vehicle was registered in her name but insured in mine with her as a named driver?
2) That it was insured
Submitted: 4 months ago.
Category: Traffic Law
Customer: replied 4 months ago.
2) That it was insured under its serial number and not its registration number, making it not possible to find on the insurance database?What is the likely outcome at court?
Expert:  Jo C. replied 4 months ago.

Why is it not possible to identify this upon the insurance database?

You mean because it is not on the index number?

Customer: replied 4 months ago.
at the time of insuring it was not registered with DVLA so did not have a registration number. Because the car is a refurbishment project & is not being used I did not think to update the insurance with the registration number.
Expert:  Jo C. replied 4 months ago.

Sorry for the delay. This dropped off my question list.

They will just be prosecuting because they cannot find this vehicle on the database. That doesn't mean it is not insured if they are covering it by means of it's serial number. You can get an insurance certificate to establish that.

The only other thing I can think of is that they may be arguing that the insurance needs to be in the name of the registered keeper. they do sometimes raise that. In fact, it is wrong in law. The only duty is to keep it continuously insured. Somebody else's cover is perfectly fine as long as they have primary cover for that vehicle.

Can I clarify anything for you?


Customer: replied 4 months ago.
Hi Jo,The Summons was issued after I had pleaded not guilty & sent them a copy of the insurance demonstrating that the car was insured.I wonder if they are just chasing a fine? I am do not really care about a fine but I would like to argue it if there is a possibility of points.Can you advise what the likely outcome of the hearing would be?
Expert:  Jo C. replied 4 months ago.

How did you plead not guilty before the summons?

Customer: replied 4 months ago.
pleaded not guilty. Sent a copy of the insurance documentation. Received the Summons.
Expert:  Jo C. replied 4 months ago.

But how could you plead not guilty before the summons?

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