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FPIC
Good afternoon,

I was driving my friend to the pharmacy, she suffers from terrible migraines and that makes her unable/dangerous to drive. I thought I would be insured since it is a company car, however we got stopped and fined - my friend was the only insured driver for the specific car.

I was asked to show my driving license, which I did, however my driving license is written in a foreign language (non-latin alphabet). Since the police officer could not read my details he asked me to spell it for him. I did, however they sent me a fine of 300 pounds with something that could look like my name.

I don't know if:
-I should go to court and argue my case (due to the fact I was driving a friend to pharmacy - this would possibly give me a higher fine though),
-Ignore the letter, since they don't have my driving license details, they have wrong name, they only have my address.
-Pay the fine.

I understand most of you will suggest to pay the fine, and why should I argue since I was driving uninsured, however I am a student and I was just trying to help a friend. My friend will pay her fine of 300 pounds because she does not want to go to court.

Any suggestions are very welcome!

Thanks in advance!
peterguk
Helping a friend etc. is no defence.

Unless you can show you were insured at the time (letter from insurance company), then IMHO your best option is to accept the FPN.
The Rookie
Errors on the FPN are no defence when it would get to court.
Logician
No use whatsoever going to court, you were either insured or not, and in your case not. They cannot put points on an overseas licence, but they will create a record for you (sometimes called a "ghost licence") and record points there.
Pete D
May I ask you from which country the licence originated and how long have you been in the UK. Pete D
Michael Gibson
With this being a company car, do you work for the same company and has anyone at a managerial level ever implied that you were insured on that car as well as your friend?
sgtdixie
QUOTE (Pete D @ Thu, 20 Feb 2014 - 14:32) *
May I ask you from which country the licence originated and how long have you been in the UK. Pete D

A valid point as many foreign licences do not allow you to drive in the UK.
FPIC
Thank you all for your replies!

My license is a European one, but with Greek letters! I am in UK for 4 years now but for studies only not permanently.

I don't work for the company, my friend assured me that it is a company car and it should insure any driver. Anyway I would not go to the court and say that because I could put my friend in trouble smile.gif
IanJohnsonWS14
I have a company car and an insurance certificate for any driver authorised by the policy holder.

The company driver policy limits this to myself plus one nominated driver but in emergencies I can nominate any driver myself and you had the type of emergency this is meant to cover.

Check with your friend what the employer's policy says - she may have had the right to nominate you.

You will still need a valid license.
sgtdixie
QUOTE (IanJohnsonWS14 @ Thu, 20 Feb 2014 - 22:04) *
I have a company car and an insurance certificate for any driver authorised by the policy holder.

The company driver policy limits this to myself plus one nominated driver but in emergencies I can nominate any driver myself and you had the type of emergency this is meant to cover.

Check with your friend what the employer's policy says - she may have had the right to nominate you.

You will still need a valid license.

I would suggest a migraine needing a visit to a pharmacy is unlikely to be seen as an emergency.
IanJohnsonWS14
But it is the companies driver policy that matters so is going to depend on what the fleet manager says rather than the insurance company, he won't necessarily want to create an offence of allowing where he can say OK and give the employee a b*ll*cking later.

My father, an ex-policeman, has driven my company car in similar circumstances.


Aretnap
"Emergency" is a hopelessly vague term, and I very much doubt whether any insurance contract would say anything along the lines of "X can drive the car, but only in an emergency". Such a clause would quite possibly be void for uncertainty.

Things would get a bit wooly if the insurance policy said "anyone can drive the car, so long as they had the companies permission" and the fleet manager said "well your mate can drive it, but only if it's an emergency". Even then strictly speaking it would be a question of fact as to whether your mate had permission at the time he drove - the fleet manager could not retrospectively create or eliminate an offence by deciding whether it was OK after the event, based on what sort of mood he was in at the time.
FPIC
Thanks again for your replies guys.

I will pay the fine anyway, I was wondering if I could get away with the wrong name, since they don't even have any identification of me (ID, license, passport etc).

It is better to pay the £300 instead of going to court and getting a higher fine+court fees etc!


martinbiz
I would be surprised if the Co's policy allows anyone else to drive the vehicle with their permission. our vehicles have a person listed as the keeper / main driver, plus spouse and any other co employee with the co's permission.
kommando
Mine only stipulated that a non employee could drive with my permission but had to be over 25, the company got a reduction in premium by agreeing to that and £1000 excess.
Logician
QUOTE (FPIC @ Fri, 21 Feb 2014 - 10:44) *
Thanks again for your replies guys. I will pay the fine anyway, I was wondering if I could get away with the wrong name, since they don't even have any identification of me (ID, license, passport etc). It is better to pay the £300 instead of going to court and getting a higher fine+court fees etc!


If you do not correct the notice the driving record created is likely to be in the incorrect name. Then if you get more points in the future and give your correct name, they might not tie it up with this case and create a new record; on the other hand they might since the address would be the same. The best plan is to get no more points, as you have discovered, the 'no insurance' offence is treated seriously and it is a strict liability offence, ie it does not matter whether you intended or knew you were committing the offence, if you were not insured, in most circumstances that will be that.

glasgow_bhoy
QUOTE (martinbiz @ Fri, 21 Feb 2014 - 13:40) *
I would be surprised if the Co's policy allows anyone else to drive the vehicle with their permission. our vehicles have a person listed as the keeper / main driver, plus spouse and any other co employee with the co's permission.

My previous employers cars did. They were to be used 'by anyone authorised by the company' (not the exact wording but it was along those lines on the certificate). They were regularly loaned to clients from various countries coming over on business, were loaned to friends of the chairman or the CEO, and were of course used by staff. One thing worth nothing though was that the excess must have been huge, as they were bumped, scraped and bashed regularly, but never went through insurance, even on an occasion where there was £1500 of damage.
Aretnap
QUOTE (glasgow_bhoy @ Sat, 22 Feb 2014 - 09:31) *
One thing worth nothing though was that the excess must have been huge, as they were bumped, scraped and bashed regularly, but never went through insurance, even on an occasion where there was £1500 of damage.

Insurance is all about spreading risk. A large company with a lot of cars can spread its risk itself - they know to good approximation how many of their cars will have accidents in a year, and will probably find it cheaper to set that amount of money aside to repair them than to pay an insurance company to set it aside for them. Maybe they'd have a policy with a massive excess to protect themselves from the one freakish year where all their cars are written off at once.
southpaw82
Is any of this relevant?
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