Going to court no insurance - severe mental health issues - social anxiety, BPD, PTSD... Can someone reprosent me?, Threads merged x4 |
Going to court no insurance - severe mental health issues - social anxiety, BPD, PTSD... Can someone reprosent me?, Threads merged x4 |
Sun, 10 Nov 2019 - 21:05
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#1
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Member Group: Members Posts: 22 Joined: 11 Mar 2019 Member No.: 102,871 |
So today I got stopped by the pod.
I'm a car trader, I buy and sell and do up cars, picked a car up from auction, got stopped by the traffic pod as car wasn't on the MID Told them I was a trader etc - they asked me to show them my traders I logged in and couldn't get my certificate they said they would give me the benefit of the doubt... They've taken all my details and told me they would come round and see me if theirs an issue. I asked about the 7 days to produce and she said "yes that's what I want to give you but I don't have any forms on me" Now I've got home I've found out my traders is out of date by 2 days, so I'm going to call my broker tomorrow and renew it... Which I will do, and I'll add this car and all my other new ones on to the MID My question is, can they come back and charge me as technically I wasn't covered? I genuinely was unaware typical bloke I don't check my emails enough or bank statements! Too busy working! They let me keep the car and didn't give me a single piece of paper or anything to take with me? Can they come round tomorrow and charge me historically? |
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Sun, 10 Nov 2019 - 21:05
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Sun, 10 Nov 2019 - 21:23
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#2
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Yes they can, unfortunately for insurance the burden of proof is reversed, the police just need to prove that you were driving and then it's for you to prove that you had insurance, it's not for the police to prove that you didn't have insurance. They don't actually need to come round to see you at all, it's all done by post.
However they might not have checked yet, and if a policy is in force when they do check they might not bother double checking when it started or when the previous policy expired. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 10 Nov 2019 - 21:24
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#3
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
The important bit is to get the thing renewed, if possible to run continuously from the expiry date.
If your insurance will play ball, you were insured. They sometimes will where there has been an administrative mistake but no guarantees. If they will only run it from tomorrow, you were not insured. And in the lap of the gods. The cops may have something better to do, pulled you, discussed, decided to believe, sent you on your way and moved onto the next job. Or may be a jobsworth who does double check and you may get that visit. Or may just be a piece of paper through the post, Conditional Offer Fixed Penalty for instance. They can charge you historically as you put it. 6 months I think to start court proceedings but others on this side with more knowledge then I will correct if I am wrong. |
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Sun, 10 Nov 2019 - 21:29
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#4
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
They have six months to start proceedings. I can't think of any reason why they'd visit. Trying to get the insurance to renew from the expiry date is your best bet.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 10 Nov 2019 - 21:32
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#5
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Member Group: Members Posts: 22 Joined: 11 Mar 2019 Member No.: 102,871 |
I'll get on the blower first thing get it set up and get the car on the MID, she said if its on the MID tomorrow its fine...
Which my broker does for me, I just send them the reg... Fingers crossed as i have 9 points for speeding |
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Mon, 11 Nov 2019 - 15:25
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#6
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Member Group: Members Posts: 21,018 Joined: 22 Apr 2012 Member No.: 54,455 |
Read the policy very carefully, because sometimes the insurers give an overlap to cover you whilst you renew. This is always very restricted so only 3rd party is likely. That is how I remember it, but in this internet age they may have given this overlap up.
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Tue, 12 Nov 2019 - 00:48
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#7
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Member Group: Members Posts: 22 Joined: 11 Mar 2019 Member No.: 102,871 |
So the officer that stopped me on Sunday phoned me today, they want to do a home visit tomorrow. Wouldn't discuss over the phonee, I've spoken to my broker and they wouldn't play ball - he said he couldn't help.
I've since insured the car personally rather than going through the whole traders application, my trader friend offered to put me on his but neither situation would be able to insure me at the time of being stopped. I guess the only thing I've got going for me is I wasn't charged at the time of the incident - she wanted to give me a 7 day to produce notice but she didn't have any forms on her... I don't actually think they did anything officially on their systems... Obviously they will have dash cam footage and bodycam footage and can obviously prove I was driving and was stopped so I'm guessing that they can use that to still charge me. My other thought is will I get charged with waisting police time for telling them I was covered when it turns out I wasn't? |
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Tue, 12 Nov 2019 - 01:08
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#8
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Member Group: Members Posts: 13,581 Joined: 28 Mar 2010 Member No.: 36,528 |
That is very unhelpful of your broker, had he in fact reminded you to renew your insurance?
No doubt the officer will want to see evidence of insurance and when you produce that it will be obvious that you were not insured at the time of the stop, and I cannot see any defence, so I fear it is going to mean 6 points which will take you over 12. The only way to avoid a 6 months disqualification is to convince a court that this would cause exceptional hardship, with hardship to others counting for more than to yourself. You will not be at risk of a charge of wasting police time. -------------------- |
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Tue, 12 Nov 2019 - 01:29
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#9
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Member Group: Members Posts: 22 Joined: 11 Mar 2019 Member No.: 102,871 |
One thing I don't get is why she doesn't just do it via post, she arranged to come to my home today then cancelled due to a job so shes coming tomorrow I just don't get why if she is going to ticket me why it needs to be in person...
I guess I'll find out in the morning, I just won't sleep well... I will go to court and plea hardship based on the fact I have PTSD and have regular appointments at a hospital to see a therapist. |
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Tue, 12 Nov 2019 - 01:57
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#10
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Member Group: Members Posts: 294 Joined: 8 Oct 2007 Member No.: 14,341 |
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Tue, 12 Nov 2019 - 10:50
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#11
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Member Group: Members Posts: 939 Joined: 24 Sep 2014 Member No.: 73,212 |
That is very unhelpful of your broker, had he in fact reminded you to renew your insurance? .......................... Your broker might not play ball, but how about asking the insurance company, particularly of your broker failed to send out a reminder? Policies expire on the date and time shown and cannot be extended after that point passes. A new policy starts from the date and time of application and cannot be backdated. Insurers prefer auto-renewal as it avoids a policy lapsing. |
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Tue, 12 Nov 2019 - 10:59
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#12
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
Insurers prefer auto-renewal as it avoids FTFY. -------------------- Regards,
Fredd __________________________________________________________________________
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Tue, 12 Nov 2019 - 18:48
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#13
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Member Group: Members Posts: 299 Joined: 14 Mar 2005 Member No.: 2,564 |
Read the policy very carefully, because sometimes the insurers give an overlap to cover you whilst you renew. This is always very restricted so only 3rd party is likely. That is how I remember it, but in this internet age they may have given this overlap up. This we definitely the norm many years ago, when renewals were usually done by post. I think the intent was to provide a bit of extra time to get new doc issued. It still existed in the early 90's but I don't think many (any?) companies do this now. |
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Tue, 12 Nov 2019 - 19:00
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#14
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
QUOTE (baroudeur @ Tue, 12 Nov 2019 - 11:50) Insurers prefer auto-renewal as it avoids a policy lapsing. |
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Wed, 13 Nov 2019 - 13:05
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#15
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Member Group: Members Posts: 939 Joined: 24 Sep 2014 Member No.: 73,212 |
Insurers prefer auto-renewal as it avoids FTFY. You're a cynic. Renewal notices are required to be issued 21 days before expiry. Auto-renewal does not prevent getting other quotes right up until the policy expires and then cancelling the renewal. The op admits overlooking renewal and being a busy person so, in this case, auto-renewal would have been cheaper than the situation he now finds himself in. QUOTE (baroudeur @ Tue, 12 Nov 2019 - 11:50) Insurers prefer auto-renewal as it avoids a policy lapsing. The op isn't................................ |
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Wed, 27 Nov 2019 - 16:22
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#16
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Member Group: Members Posts: 22 Joined: 11 Mar 2019 Member No.: 102,871 |
So I'm going to end up going to court, got 9 points already and I fix cars up have traders policy but car I was in on the day wasn't covered...
Bang to rights no issue from me there... I have pretty severe mental health issues I'm registered as a vunerable person and have a care team that help me with my PTSD and BPD (had someone die in front of me) Have severe anxiety in public situations. I'm asking if someone else can represent me in court so I can stay at home, or can they do a video call? |
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Wed, 27 Nov 2019 - 16:36
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#17
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Member Group: Members Posts: 56,265 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
What do you want them to represent you for?
If you are accepting you’ll get a 6 month ban you could not attend and NOT DRIVE and you’ll find out you’ve been disqualified for 6 months although they may well adjourn and ask you to attend, or send a legal representative in which case you don’t risk them adjourning for you to attend and having to go through it all again. If you want to present an exceptional hardship plea in order to avoid a disqualification you are really going to have to attend so they can ask you about your submissions and situation. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 27 Nov 2019 - 17:02
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#18
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
I thought this sounded familiar, original thread here:
http://forums.pepipoo.com/index.php?showtopic=131466&hl= This post has been edited by BaggieBoy: Wed, 27 Nov 2019 - 17:03 |
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Wed, 27 Nov 2019 - 17:04
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#19
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Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
What do you want them to represent you for? Perhaps because of their severe anxiety? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Wed, 27 Nov 2019 - 17:20
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#20
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Member Group: Members Posts: 56,265 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I meant the intent of any representation (At all) rather than them instead of the OP.......
It’s not clear if the OP wants to go hardship or just accept the disqualification. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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