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driving without insurance, motor insurance
momon121
post Sun, 8 Oct 2017 - 19:11
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Hi

This is a plea on behalf of my friend who may have left this matter too late:

He got driving without insurance few months back and is due to appear in the court tomorrow. He already has 6 points and uses his car for work and is totally dependant on it.

His previous insurance expired by 18 hours and the new letters did not arrive at the new address as he forgot to inform them, he regularly insures his motors and there has not been any incidents like this before. He holds two jobs and both jobs is government related.

Can he use any arguments to support his case? any advice would be much appreciated.

Regards
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post Sun, 8 Oct 2017 - 19:11
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BaggieBoy
post Sun, 8 Oct 2017 - 19:30
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Unless he can get a statement from the insurer that they would have covered any insurance claims, it would appear to be slam dunk conviction I'm afraid.
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momon121
post Sun, 8 Oct 2017 - 19:44
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but if it 18 hours expired then would any insurers forward such a statement
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Jlc
post Sun, 8 Oct 2017 - 19:46
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QUOTE (momon121 @ Sun, 8 Oct 2017 - 20:44) *
but if it 18 hours expired then would any insurers forward such a statement

Probably not, but worth asking.

If he hits 12 points then they need an exceptional hardship plea to reduce the 6 months ban. The impact on others carries more weight.


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momon121
post Sun, 8 Oct 2017 - 20:06
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Sorry I dont understand what you mean by the 'impact of others carries more weight' please explain?
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nosferatu1001
post Sun, 8 Oct 2017 - 20:08
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Impact ON others
Ie usually showing hardship to innocent parties - kids, spouses, ill parents etc - seems to have more impact on the court accepting an exceptional hardship plea
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momon121
post Sun, 8 Oct 2017 - 20:14
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that is a good point, he has an elderly mum that he looks after and without the car she will suffer greatly. He also sees his son who doesnt live with him whos only 5 that would seriously cause some heartache on the new child.
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Logician
post Sun, 8 Oct 2017 - 22:23
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It is worth checking that all his existing 6 points are within 3 years of the date of this insurance offence. 6 points is the minimum for no insurance so the court cannot give him less than that, unless there are special reasons to give him no points, which nothing you have said indicates might exist.


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The Rookie
post Mon, 9 Oct 2017 - 04:06
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Read up on here (search, top right), he needs to show EXCEPTIONAL hardship, that is hardship that can be considered exceptional, loss of a job is not necessarily exceptional, also he would have to show that he had looked at all other avenues such a cycling, electric bike, bus, train etc.

He can take heart from statistics that show that about 25% of people who tot to 12 points or more manage to avoid a 6 month totting ban, the court is free to reduce the ban even to NIL based on the EH plea (in fact it is usually 6 months or no ban).


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