Speeding and timing of insurance |
Speeding and timing of insurance |
Wed, 22 May 2019 - 07:22
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#1
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Member Group: Members Posts: 10 Joined: 10 Apr 2012 Member No.: 54,190 |
I recent got flashed speeding. I did it, no question about that, I'll hold my hands up to it.
My question, is that my insurance renewal is due in 5 days. I only received the NIP yesterday so still have some time before sending it back and paying the fine. Am I convicted at this point? could I legitimately renew my insurance stating no convictions? This post has been edited by Tsietisin: Wed, 22 May 2019 - 07:22 |
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Wed, 22 May 2019 - 07:22
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Wed, 22 May 2019 - 07:49
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#2
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Member Group: Members Posts: 349 Joined: 21 Apr 2016 Member No.: 83,881 |
You need to carefully read what your insurers terms and conditions say.
You have not yet been convicted however you may have a pending conviction. Presumably from your OP you have been offered a fixed penalty but not a speed awareness course? -------------------- If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.
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Wed, 22 May 2019 - 08:08
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#3
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Member Group: Members Posts: 41,509 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Am I convicted at this point? No. At this time they are simply asking for the driver for an alleged offence. could I legitimately renew my insurance stating no convictions? You have no conviction. BUT the insurer will most likely ask whether there are any pending - as already noted, check the wording carefully. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 22 May 2019 - 11:03
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#4
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
This would be an interesting situation
The Notice of Intention to Prosecute is by definition a statement that a conviction is pending Even if the OP accepts a course offer, it's still pending until the course is completed and prosecution is off the table The only reason to attend the course is to avoid the potential extra insurance costs following a Fixed Penalty If the OP is going to incur the costs anyway it makes no sense to waste a day on a course if it's offered and he should accept the 3 points |
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Wed, 22 May 2019 - 11:18
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#5
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The Notice of Intention to Prosecute is by definition a statement that a conviction is pending No its not, by definition its a notice that says they have an intent to prosecute. Between the NIP and a conviction are 1. May be offered a course 2. May be offered a fixed penalty (which is NOT a conviction) 3. May be dropped by the Police for a variety of reasons 4. There may be a successful defence and the killer 5. The recipient may not have been driving anyway Of course 'pending convictions' is a meaningless combination of words anyway, a conviction is never pending, it has happened or it MAY happen but there is rarely (guilty plea and hearing adjourned before sentencing such as transfer from SJ to Mag's is about the only circumstance I can think of where it works) a pending conviction. Arguably if you have a NIP and are confident you meet the criteria for a course you can answer no, its probably stretching the 'man in the pub' interpretation where it would relate to an FP though. -------------------- 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, 22 May 2019 - 11:55
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#6
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
The definition I found for "pending" was "awaiting decision or settlement" which included all the possible outcomes
Completely agree though that a conviction can't itself with rare exceptions be pending If anything it's the prosecution that's pending I would personally go for the "No" answer in this situation |
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Wed, 22 May 2019 - 12:58
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#7
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
I would personally go for the "No" answer in this situation Personally I would examine my Policy documents carefully. I doubt they will ask about "pending convictions" as I agree it is somewhat meaningless. If it is not clear, contact the insurers to establish what you are obliged to tell them about. (guilty plea and hearing adjourned before sentencing such as transfer from SJ to Mag's is about the only circumstance I can think of where it works) a pending conviction. A guilty plea in response to a SJPN results in an immediate conviction (by the Single Justice). If the SJ believes the matter should go before a full Bench (normally if disqualification is under consideration) the matter is simply adjourned by the SJ for sentence. This post has been edited by NewJudge: Wed, 22 May 2019 - 13:03 |
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Wed, 22 May 2019 - 13:34
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#8
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
AIUI you can submit a guilty plea and ask for sentencing to be in the magistrates court (to allow you to present mitigation)?
-------------------- 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, 22 May 2019 - 13:38
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#9
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
I would not risk giving an insurance company any excuse to decline a claim if one should unfortunately have to be made, so if in any doubt declare it.
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Wed, 22 May 2019 - 15:35
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#10
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
AIUI you can submit a guilty plea and ask for sentencing to be in the magistrates court (to allow you to present mitigation)? Such a matter would be unlikely to go before a SJ. The defendant would simply plead guilty and ask for a full court hearing. There is no point in adding it to the SJ list as the SJ has nothing to do. |
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Wed, 22 May 2019 - 16:57
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#11
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Member Group: Members Posts: 349 Joined: 21 Apr 2016 Member No.: 83,881 |
Personally I would examine my Policy documents carefully. I doubt they will ask about "pending convictions" as I agree it is somewhat meaningless. Apologies, I mentioned that phrase in the first reply as it came to mind that it was something insurers sometimes asked. It may well be worded differently. -------------------- If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.
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Thu, 23 May 2019 - 12:40
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#12
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Of course 'pending convictions' is a meaningless combination of words anyway, a conviction is never pending, it has happened or it MAY happen but there is rarely (guilty plea and hearing adjourned before sentencing such as transfer from SJ to Mag's is about the only circumstance I can think of where it works) a pending conviction. I'm not sure that example would work either. Someone who's been convicted and awaiting sentence has been convicted, so the conviction is not pending, only the sentence is. I suspect the policy wording will say "pending prosecutions" or "pending proceedings" or similar. -------------------- 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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