A Cautionary Tale

[Mudman]

I got pulled by plod a few months ago over number plate size which I know the risks etc so don’t flame me. The other issue that came up at the time was my VRN was not on the Insurance DB – I had changed to a personal plate and whilst being methodical in informing insurers of all mods for no reason at all I hadn’t told them of the plate switch. Now again before you flame me – have just got back from 4 years in the jungle so still undergoing a little reintegration into a civilised society from an anarchic one, and was under the impression that the chassis number or VIN etc on the V5 was the key so just wasn’t aware this was notifiable. Anyhow plod wrote me a ticket as he couldn’t find current VRN or the previous one. I did have my ipad with me and had a pdf certificate for the original VRN so he said produce docs in 7 days etc and sent me on my way. I had enquired if I would be prosecuted and the reply was that up to central ticket office but as long as I could prove insurance I would be OK.

 

I got the plate changed on my policy first opportunity and took all the docs to the Station and they did their thing. I again asked would I be prosecuted and they said it was likely as technically to the letter of the law (which changed when I was overseas she told me ?) I was driving that vehicle uninsured. I did mention at this stage that I was fully comp on my Civic car for work and also on wifes VW as named driver. She said not relevant so tough luck mate pretty much.

 

So then the wait began and the dreaded brown envelope, 1 week nothing, 2 weeks a little less on edge, 3 weeks – ooo…. maybe they aren’t going to do anything, then 6 weeks after the event – it arrived. They offered me £300 and 6 points or go to court where it could rise to something like a total ban and £5000. Now I am a fairly confident if a bit dizzy sometimes so thought should I just pay as was unsure if I went to court would also get hit for costs. I had a month to reply so took some advice from an online legal expert who said I had no defence but could write to the CPS and argue the case was not in the public interest as it was an oversight not a deliberate attempt to avoid paying insurance. A week or so passed and still wasn’t sure how to play it – the thought of increased premiums as a result of the points for 3 years didn’t sit well.

 

Then I had a TV show make my decision. I was watching Traffic Cops and there were 2 insurance related offences ( you may have seen it!) the first was a young kid on a big bike that was stopped and pretty much admitted his policy had lapsed a few days before and he simply couldn’t afford the new one. The second was a guy banned from driving whose car was seen out and about. The biker got nicked – bike was taken away and impounded. The second guy got wind of the Patrol car and you had the fairly standard 10 minute chase before they give up or in this case the RX8 shat itself in a big puff of smoke (haha!)

 

At the end of the show they give an update: the biker got £300 and 6 points plus £150 for the tow away cost, riding without insurance, and now the interesting bit – the RX8 driver (already banned) got another ban for driving when banned and a fine of £150 for driving with no insurance. WTF ???? says I “and I get £300 and 6 points for an stupid but honest oversight? “

 

Mind made up wrote the below to the court, I now wanted my day in court – If I was going down as I was indeed guilty but I wanted to highlight my sense of injustice so wrote a mail and ticked the see you in court box on the offer – scanned it and posted it then got on a plane for the SG GP

 

Got a letter back yesterday. Bad boy don’t do it again – we won’t prosecute

 

Careful with those plates they are getting keener as the patrol cars have a camera that constantly check for Insurance apparently so if the camera can handle a non standard plate - you will get pulled and I would have probably got the 3 points when he went for the bigger offence - could have been £500 and 9 points for the two

 

So I got lucky and appreciate this - My screw up but say again lucky.

[Ekona]

Lucky man.

 

Although, they probably wouldn't have been able to find you guilty: As long as the insurer can confirm that cover was in place for that vehicle (and it's the vehicle you insure remember, not the plate) and for that person at that point in time, then they would've been unable to prosecute successfully for no insurance. No difference than if they've written down the wrong VRM by accident, and instead of AB08 CDE it says AB08 CDF instead, you'd still be insured.

 

6pts and the fine isn't such a big worry, it's the IN10 on your licence that's going to cripple you for getting insurance in the future!

[Mudman]

I did propose that it's the vehicle not the plate to the plastic PC lady on the desk when producing the doc - so that's the law change in that now its the VRN not the car - I might give Flux's a call and see if they would have honoured the insurance if i had had a shunt. I guess if the original cop had done me for failing to display a current registration then would have no defence on that also.. Its a far cry from what I have been used to last few years but saying that nobody shoots at you here so thats a plus.

[Ekona]

PC on the desk was wrong. The RTA1988 clearly says:

 

143 Users of motor vehicles to be insured or secured against third-party risks.

 

(1)Subject to the provisions of this Part of this Act—

 

(a)a person must not use a motor vehicle on a road [F1or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

 

My highlighting.

[Tricky-Ricky]

Very lucky...but its surprising the lack of legal knowledge you get from those that are supposed to know the law.

[GMballistic]

Glad it turned good for you in the end mate.

[Rock_Steady]

that deserves a