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pops
Hi there, I need some advice please,
My nephew bought a car and was driving it home, he assumed he was insured to drive this car because it said on his certificate 'can drive any other car', he got the car impounded and it cost him about £170 to get it back. He produced his documents at the police station and that seemed to be it. He then got through the door a summons for having no insurance, when looking at his insurance documents in details, it says he can drive any other car as long as it isn't his.
So what does he do? Was the car technically his as it was still in the other owners name, (he had bought it 20 minuters before). I know ignorance isn't an excuse to break the law but he thought he was covered. Does he plead guilty? Thank you in advance.
The Rookie
As I see it he has no excuse/defence and is probably best off pleading guilty. He can explain his 'stupidity' as part of his mitigation.

If he has had a full driving licence for less than 2 years the 6 points will see his licence revoked and he will have to apply for a new licence and take all his tests again as if he never had one.

The status of the DVLA registration does not affect who the owner was at the material time.

Simon
Teufel
if he had paid for the car and was handed posession then he is the owner

registered keeper is not relevant - tho fulling out the forms for change would
be further evidence that ownership had passed

if he hadnt paid then you might try arguing ownership hadnt passed
but posession etc would probably be against him
Ocelot
QUOTE (pops @ Fri, 28 Aug 2009 - 11:17) *
when looking at his insurance documents in details, it says he can drive any other car as long as it isn't his.


That is usually the case, to stop people insuring themselves on a cheap old banger then regularly driving a much more expensive car which they also own to save on the insurance.
progbloke
Was there any form of insurance attached to the vehicle?

Maybe the previous owner had cancelled his own policy (with the pending sale) and therefore it wouldn't show on the MID (Motor Insurance Database).
2020Hindsight
QUOTE (pops @ Fri, 28 Aug 2009 - 11:17) *
Hi there, I need some advice please,
My nephew bought a car and was driving it home, he assumed he was insured to drive this car because it said on his certificate 'can drive any other car', he got the car impounded and it cost him about £170 to get it back. He produced his documents at the police station and that seemed to be it. He then got through the door a summons for having no insurance, when looking at his insurance documents in details, it says he can drive any other car as long as it isn't his.
So what does he do? Was the car technically his as it was still in the other owners name, (he had bought it 20 minuters before). I know ignorance isn't an excuse to break the law but he thought he was covered. Does he plead guilty? Thank you in advance.



If he has documentation to prove the car was literally purchased 20 minutes ago and that he was driving home to call his insurers and swap the policy from one car to another then he might have a good chance to plead mitigation in court that he wasn't deliberately avoiding insurance. He'd still be technically guilty, but might get a lesser penalty.
From the facts he is guilty so should plead that way, but nothing to be lost by pleading mitigating circumstances to the magistrates to reduce the penalty.
Transit man
QUOTE (2020Hindsight @ Mon, 31 Aug 2009 - 22:08) *
If he has documentation to prove the car was literally purchased 20 minutes ago and that he was driving home to call his insurers and swap the policy from one car to another then he might have a good chance to plead mitigation in court that he wasn't deliberately avoiding insurance. He'd still be technically guilty, but might get a lesser penalty.
From the facts he is guilty so should plead that way, but nothing to be lost by pleading mitigating circumstances to the magistrates to reduce the penalty.


AIUI driving without insurance is an absolute offence, whilst pleading such mitigating circumstances is not going to make matters worse, I cannot see much sympathy resulting, but, hopefully for the OP's nephew I could be wrong.

The problem as the mags will see it, is that in the short drive home if an accident had occurred then the real problems would begin.
Mr Smooth
Whenever I have bought a new car, even when I've had the old one, Ive always rung up the insurance company and informed them. They will normally cover you for a small admin fee or premium month by month until you sell the other car.
Even when I have not known the registration number, as long as I have given them the details of the vehicle, they will and have insured me.

When I have spoken to a few of my friends about this, none of them have ever done this, and assumed they are ok to drive a car they have just bought, or for a test drive, without checking.



ford poplar
In the good ol' days I knew my comp insurance covered me for third party whilst driving any other car with owner's consent.
I sympathise with OPs nephew, but have to support all efforts to clamp down , in the vain hope that some of the £40+ that driving without insurance adds to my premium will be reimbursed in future premiums.
Maybe car insurance should be renamed driver's statutory liability insurance, providing third party cover for any car driven, with additional premium for own vehicle damage. Drivers with no basic car insurance should repay the insurance industry £100 added to the fine upon conviction via victim support levy
New purchasers should ensure basic insurance is in place before purchase with pro rata refund if annual insurance for vehicle is then obtained.

Aim - The only people to be penalised should be the TWOCers & chancers, law abiding motorists and other third parties should be protected.
The Rookie
QUOTE (Mr Smooth @ Mon, 31 Aug 2009 - 23:02) *
Whenever I have bought a new car, even when I've had the old one, Ive always rung up the insurance company and informed them. They will normally cover you for a small admin fee or premium month by month until you sell the other car.
Even when I have not known the registration number, as long as I have given them the details of the vehicle, they will and have insured me.

When I have spoken to a few of my friends about this, none of them have ever done this, and assumed they are ok to drive a car they have just bought, or for a test drive, without checking.

Seconded, often do this when buying cars...

I have also had it suggested that as long as the new car is insured by the seller, agree to swap ownership once you have driven the car home, not before, dodgu, but to the 'letter of the law' I guess!

Simon
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