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Ticket for no insurance cancelled but still received FPN
ZoeV
post Sun, 12 Jan 2020 - 14:10
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My husband passed his test in September of this year and we bought our first car in October, sorted insurance, tax everything and off we go. In November he was pulled up early one Sunday morning as having no insurance, he rang me as cops decided to tow car. I went back and looked at insurance docs and there's 1 digit diference in the reg no on them an error - B instead of D. The incorrect reg number doesn't belong to any existing car and the model/make etc are correct. Told the cops it was an error but they still towed.

Anyway insurance company investigate and it's their error, admitted, sorted, letter of indemnity and £300 compensation. We get the car from pound early Monday morning and I forward all the documentation including the letter of indemnity to the officer who stopped my husband and she wrote back to say that "I have cancelled the ticket and the matter won’t progress any further. ". All good you'd think?

Fast forward to Saturday morning and we get a FPN through the door for the offence. Obviously it gives 2 options. One is to accept 6 points and £300 fine which would mean he loses his licence and has admitted he drove without insurance ( not true as Admiral have stated he was covered and any claim would have been paid with indemnity letter to prove it plus the acceptance of the PC of that letter) which leaves him with going to court as there is no way to submit any kind of evidence/appeal to prevent it going to that stage and waste public money.

I've emailed the officer ( who inevitably is on an RDO) and she will be back in Monday as I need to find out if it could be an oversight on her part or an admin issue.

What are our options as we cannot really afford a solicitor, either way we're a bit stuffed and the crux of the matter is at no point was he uninsured - in fact it's fully comp!

I have all the evidence I gathered to prove it was the insurance company but they have admitted fault anyway so can he still be found guilty and of what?
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post Sun, 12 Jan 2020 - 14:10
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666
post Sun, 12 Jan 2020 - 14:16
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They have only given two options, but I’d ignore that and phone them.
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ZoeV
post Sun, 12 Jan 2020 - 14:21
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I am thinking that, there is a number, not sure if they'll listen or let me submit evidence though.
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NewJudge
post Sun, 12 Jan 2020 - 14:32
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At the very, very worst this matter will progress to court where your husband can plead Not Guilty and produce all the evidence you have described to show that cover was in place. (Don't forget to keep everything you have!). But hopefully somewhere along the line common sense will prevail and whatever needs to be done to sort the matter will be done.
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ZoeV
post Sun, 12 Jan 2020 - 14:37
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I have absolutely everything - even the stuff which proves I could not have entered the wrong reg in the comparison site which is why the insurance company knew it was their rep who made the error (plus my sister is one of the top e-trading systems managers at Aviva and she knew it was their error!).

Does the court hearing happen quite quickly?

Yes, I would have thought commonsense might prevail but in these weird and wonderful times we live in I place no reliance on anything...
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cp8759
post Sun, 12 Jan 2020 - 15:03
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QUOTE (ZoeV @ Sun, 12 Jan 2020 - 14:10) *
...she wrote back to say that "I have cancelled the ticket and the matter won’t progress any further. ". All good you'd think?

I would write back with a copy of this letter, pointing out that the matter had previously been fully investigated and dropped.

If the police give you an unequivocal assurance that no further action will be taken, in the absence of new evidence it's an abuse of process for the police to resume proceedings.


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ZoeV
post Sun, 12 Jan 2020 - 15:15
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Interesting! It would look like she'd deliberately misled us wouldn't it? That could work as gross misconduct I imagine...

My dad was a copper for 30 years (old school in the old times) and his view was that if there's no structure to appeal this could end up wasting time and money...

Of course it could be just a simple matter of 'computer says no' and it will all get sorted tomorrow. i so don't want to have to go to court...
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thisisntme
post Sun, 12 Jan 2020 - 15:40
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QUOTE (ZoeV @ Sun, 12 Jan 2020 - 15:15) *
Interesting! It would look like she'd deliberately misled us wouldn't it? That could work as gross misconduct I imagine...

My dad was a copper for 30 years (old school in the old times) and his view was that if there's no structure to appeal this could end up wasting time and money...

Of course it could be just a simple matter of 'computer says no' and it will all get sorted tomorrow. i so don't want to have to go to court...


I doubt this is the case. To err is human, after all, and that is likely what this is.


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ZoeV
post Sun, 12 Jan 2020 - 16:31
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I must admit a mistake - admin error etc is more likely. I can't imagine she'd risk her career after all!

I reckon if it is that it'll be all cleared up by teatime tomorrow. At any rate I'll put the case to them and see whether they'll accept it.

Hopefully it won't make it to court!
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cp8759
post Sun, 12 Jan 2020 - 20:32
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QUOTE (ZoeV @ Sun, 12 Jan 2020 - 16:31) *
I must admit a mistake - admin error etc is more likely. I can't imagine she'd risk her career after all!

I don't think she mislead you, I think she was likely doing her job properly and someone in the FPN back-officer accidentally re-issued the PFN. It's almost certainly an admin error in any case, who's error it is hardly matters. In any case I also doubt the CPS would prosecute this as the public interest test is unlikely to be met. That being said, even the evidential test is unlikely to be met based on what you've said.


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