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PostPosted: Mon Sep 24, 2007 15:25 
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Hi All

I recently was pulled over by the police and told my insurance was invalidated. So I was fined and received 6 points for that.

The same day I received a letter saying that I had been caught speeding 76mph on 50mph limit a week or so ago (my insurance would have been invalid at this point also). I have sorted out the insurance, but it only covers me from now onwards.

Some questions:

1. Will I be given the opportunity to plead guilty by post considering I won't be getting a fixed penalty notice?

2. What are my chances of receiving a temporary ban/fine instead of points? Is this possible??

3. Will I need to bring in insurance documents if called to the proceeding?

Any help would be good. I know I've made a mistake and accept that, so please don't clutter up this post with 'serve you right' messages!

Regards,
Phoenix


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PostPosted: Mon Sep 24, 2007 18:04 
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WHY was the insurance Invalidated??

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PostPosted: Mon Sep 24, 2007 19:18 
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I doubt they safety camera partnership check your insurance or mot or tax they are only interested in £60 tickets.

If they were to investigate you for no insurance they would have to raise a summons within 6 months. rightfully or wrongfully, If it has not happened yet I doubt it will.

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Mon Sep 24, 2007 19:49 
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I'm guessing that the original cover was invalidated due to a payment issue - am I correct? If so, did you tell your new insurer about it, as well as telling them about the speeding AND no insurance points?

If you omitted any of those your new cover might not be valid either.

(not judging, just asking :) )

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PostPosted: Mon Sep 24, 2007 21:13 
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Hey guys,

thanks for the responses so far.

The insurance was invalidated due to non-payment. Apparently they sent me a letter, but I didn't receive it.

Anybody know if I can plead not guilty by post?


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PostPosted: Mon Sep 24, 2007 21:15 
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I think you should be able to plead guilty by post. If they're considering a ban they'll want you to appear though - if you're banned they like to tell you to your face so you can't claim ignorance if you're caught driving later on.

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PostPosted: Mon Sep 24, 2007 21:29 
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Thanx again..I would prefer to plead guilty by post..would mean I wouldn't have to take time off work..when I could be using that money to pay for the fine! I was traveling 76mph on a 50mph limit..does this constitute a ban?


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PostPosted: Mon Sep 24, 2007 21:32 
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76 in a 50 may or may not lead to a ban.

If you plead guilty by post they'll either fine you and apply points which won't tot you to a ban OR they'll decide they might want to ban you in which case a new date will be set for you to appear. Not really your call, TBH. All AFAIK, fisherman might be along later to clarify.


Did you note what I said above about your new insurance? Did you tell your new insurer about all 3 things? No ins points, pending speeding points and previous cancelled policy?

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PostPosted: Mon Sep 24, 2007 21:51 
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The previous policy had been cancelled. The new one has been fully paid and approved. I need to inform them about the points. Just wasn't sure if I had to wait until I get my license back. I handed it in to the police station yesterday and have a temporary license.


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PostPosted: Mon Sep 24, 2007 22:03 
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I'm not sure you're getting my point about your old cancelled policy and its relevance.

When you took out your new policy (the one covering you now) one of the questions they asked you will have been "have you ever had a policy cancelled or been asked to agree to special terms?" or something along those lines. If you answered 'no' to that question it could mean that you are still not insured.

So, does your current insurer know that your previous policy was cancelled by the previous company due to non-payment?

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PostPosted: Tue Sep 25, 2007 00:14 
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ah i see..no they didn't ask that question..I'll have to call them and find out! Apparently the policy was cancelled in May.. do i still need to inform them?


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PostPosted: Tue Sep 25, 2007 00:51 
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phoenix69 wrote:
ah i see..no they didn't ask that question..I'll have to call them and find out! Apparently the policy was cancelled in May.. do i still need to inform them?

Inform them anyway. If it makes a difference to the premium they needed to know, and if it doesn't, you've done no harm anyway.


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PostPosted: Tue Sep 25, 2007 10:46 
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Thanks guys..

still looking to find out if theres a possiblity of pleading guilty by post if you've travelled over 26mph the speed limit...and if it is possible to get a fine and a short ban rather than points and a fine! Please let me know if any body has had that experience..cheers..


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PostPosted: Tue Sep 25, 2007 15:26 
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phoenix69 wrote:
1. Will I be given the opportunity to plead guilty by post considering I won't be getting a fixed penalty notice?
Not likely IF the court office knows about the 6 points for no insurance. Otherwise yes. If the DVLA get their act together the sentencing court will know about the no insurance and will call you in as they will be considering a totting ban for the 12 points you are likely to get.

phoenix69 wrote:
2. What are my chances of receiving a temporary ban/fine instead of points? Is this possible??

76 in a 50 is 6 points or a ban of up to 56 days depending on individual circumstances. This is not set in stone. if there is no evidence of poor driving - other than that caused by the excess speed* - a court might go for 5 points to leave you on 11 and guarantee you won't deliberately speed for the next three years. They could impose a short ban for the speed offence so that you learn the value of a licence and leave you on 6 points. Lots of possibilites which will depend on the individual circumstances of yourself and the offending.

phoenix69 wrote:
Will I need to bring in insurance documents if called to the proceeding?
Only if charged with another no insurance.


* I don't intend to enter into any discussion on this particular point. Doesn't stop you discussing it but I won't be joining in. Official view is that failing to consider a posted limit as the maximum speed allowable when conditions permit is an example of poor driving.


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PostPosted: Tue Sep 25, 2007 15:45 
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Point taken..I don't recall being flashed or driving that speed..I'll just have to take their word for it..thanx for ur comments..other plse feel free to discuss!


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PostPosted: Tue Sep 25, 2007 20:25 
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phoenix69 wrote:
I don't recall being flashed or driving that speed..I'll just have to take their word for it
So you could lose your licence for this, you have no idea if you actually did it but that's ok with you?

Strange attitude.

Since you're probably going to court anyway how about making the prosecution prove their case?

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PostPosted: Tue Sep 25, 2007 20:38 
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Because if I contested it, I'd receive a harsher sentence..being apologetic and admitting the offense (even tho I don't recall being flashed at all) is more likely to get me off with a temporary ban (14-56 days) rather than another 6 points and the 6 month ban..am I wrong?


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PostPosted: Tue Sep 25, 2007 20:45 
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That's up to you. Do you honestly think you did it? Were you on that road on that day at that time? Do you/did you usually drive at those kinds of speeds in 50mph areas?

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PostPosted: Tue Sep 25, 2007 20:58 
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phoenix69 wrote:
Because if I contested it, I'd receive a harsher sentence..being apologetic and admitting the offense (even tho I don't recall being flashed at all) is more likely to get me off with a temporary ban (14-56 days) rather than another 6 points and the 6 month ban..am I wrong?


You could get 12 points and keep your licence if you can show exceptional hardship.

I'm with Mrs Miggins on this one. Pleading guilty without seeing the evidence when you have no idea what speed you were doing seems odd to me. You can plead not guity, see the evidence and change your plea if it convinces you.


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PostPosted: Tue Sep 25, 2007 22:08 
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The NIP stated that they have photographic evidence that they can show me in court. Can I request to see that beforehand? In the area where I supposedly got caught the speed limit changes from 70 to 50 so there is a possibility that I may have been speeding.

At the moment in Unemployed and have a girlfriend who's moved back to Wales. She's expecting so I'll need the car to visit her! Don't know if this classes exceptional hardship or not..


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