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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question in regard to an road offence: my son was

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hi, I have a question in regard to an road offence: my son was riding his motorbike when was stopped by police and told he had no insurance.The motorbike was seized and taken to a pond. what has happened is that my son is a minor(17) and he does not held a full driving licence therefore the policy was on his name and insurance contract on my name, As my son is due to become and adult at the end of the month i contacted the insurance and stopped it just one week before with the understanding that the motorbike would be cover by the insurance until the end of the month when we thought everything will go on his name. So it was a misunderstanding with the insurance company. I contacted immediately the insurance company, explained what happened and asked them to reinstate it. They refused, although next due payment was going to be end of month. Now my son is going to get points in the provisional licence because of me and the motorbike is still in the pond and cannot reclaim it if there is not an insurance. How can i prevent my son getting the points on his provisional as it was not his fault? I feel very guilty, please help me!

Hello my name is ***** ***** I will help you.

Just to be clear the insurance was cancelled?

What is it you want to know about this today please?

Customer: replied 1 year ago.
I wanted to know how can i avoid my son getting the points on his provisional driving licence and also going to court as it was not his fault

Did you tell him it as cancelled?

Customer: replied 1 year ago.
We cancelled it together but our understanding was that insurance would cover until payment was due so end of Agust ( last payment was made end of July and insurance was stopped on 10th of August)
Customer: replied 1 year ago.
I have explained this to the insurance company and asked them to reinstate it and i would pay next installment end of August but they refused.

So he knew it was cancelled, or that you had cancelled it?
Did the insurance company say when the insurance would be valid to when you cancelled it?

Customer: replied 1 year ago.
He knew it, but we both understood that it would cover until end of August when next payment was due instead insurance stopped same day and we did not know it
Customer: replied 1 year ago.
On this bases i was asking insurance to reinstate it but they refuse to do so as they claimed it was not their fault.

Did the insurance company TELL you it would run out end of August?

Customer: replied 1 year ago.
Not to mine or my son understanding, they told me that if i were to cancel the insurance near the next payment due date i would incur in a charge of £75.00 so as i wanted to cancel it would be better to cancel it there and then so no charge would it be i cancel it

But did you ever ask or did they ever tell you when it would be ineffective from?

Customer: replied 1 year ago.
I kept saying that i wanted the insurance to stop before the next due payment so i was giving them good notice so I could put insurance on my son name but they told me that if i would stop it 2 days before next due payment i would incur in a £ 75.00 charge, so we agreed it was better to stop it from the same day so i did not have to pay i cannot recall them saying to me that the insurance was no longer valid from that day

Ok - the issue is this, insurance is black and white - there is either insurance or there is not.

So he is guilty of not having insurance. Therefore he should go to Court and plead guilty - but he can argue special reasons.

This is where the Court listens to the reasons and decides whether they are special. You will also have to go and give evidence to say what you did.

But he cant plead not guilty - because he didnt have insurance. So its a guilty plea and put forward special reasons.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
please, will i need a solicitor in court? and pleading special reasons will it give him less points on his provisional licence as it was my fault for the all misunderstanding?

Yes he should take a Solicitor. It could give him less points or zero points.

Does that clarify?

Customer: replied 1 year ago.
I am also trying to find out how can i recover the bike since is a bit of a catch 22, there is not insurance and i cannot pick it up without insurance, but if i do not collect it within 14 days they will dispose of it so i do not know what to do, any suggestions?..mind you i did try to get a short term insurance and one responded that they do not insure under 23 and also in some cases short term insurances are not accepted by the car pond..i am in limbo

You need insurance to pick it up. They wont accept car pool - you need specific insurance, which you can get for say 7 days.

Does that clarify?

Customer: replied 1 year ago.
where can i get it for 7 days or more?

You need to contact a broker and ask - such as Swinton.

Does that clarify?

Customer: replied 1 year ago.
thank you, ***** ***** try it.thank you once again for your help

Thanks. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
sorry Ash, not sure about this site...when i gave ratings after was asking me for that the £ 44.00 or this is on top of it? not sure if i have done the right thing..apologies

You pay a one off fee. Then I think the site says if you want to leave a tip for me you can. You dont have to.

Customer: replied 1 year ago.
ok, thanks, ***** ***** this clarify it.thank you