Got pulled for no insurance - Help!!

[LikesBikes]

Probably do have nowhere else to go with Hastings other than bat letters back and forth. Thought it interesting that he said the certificate is not issued subject to proof of NCD. But just because they cancelled against the rules does not indemnify me from driving without cover, even if I had time to pursue this before the court appearance. Which I don't.

[LikesBikes]

I was thinking along those lines however I'm worried that if I plead not guilty am I in danger of having the book thrown at me because they think I'm taking the piss.

I'd like to think that my years of continuous cover on bikes and cars would count for something in demonstrating I am not the type to intentionally do this but I'm not so confident. 

I can only hope that if found guilty an absolute discharge might be considered as the increased premiums for the rest of my life due to a cancelled policy, the cost of releasing my car and 6 months of stress and worry is punishment enough. 

[LikesBikes]

Going to show my ignorance here, the only time I've ever been in court was when I did jury service. 

Am I right in assuming that the magistrates won't necessarily make their mind up on the day of the first appearance. Is that what you mean by summary hearing? 

If they do decide I'm guilty and taking the piss and give me the points plus fine plus costs and I decide to appeal, do I then have to go before a jury and risk a far worse outcome?

Just occurred to me I have no idea how all this works

[LikesBikes]

And why do I keep getting that accented 'A' at the end of nearly every paragraph?

[LikesBikes]

So if you can take my word for it that there's nothing hidden behind what I've said, it would be best in this case to plead guilty with mitigating circumstances?

[LikesBikes]

R1 Loon said:

Lots of good stuff, but in particular this..

In this case the failure to provide the NCD within the required timescales (I know that is in dispute, but the right exists). It allows the insurer to trest the policy as null & void, but they must return all premiums paid.

And what if all premiums paid have not been returned, as is the case here?

[LikesBikes]

R1 Loon said:

LikesBikes said:

R1 Loon said:

Lots of good stuff, but in particular this..

In this case the failure to provide the NCD within the required timescales (I know that is in dispute, but the right exists). It allows the insurer to trest the policy as null & void, but they must return all premiums paid.

And what if all premiums paid have not been returned, as is the case here?

Eh, this one of your posts earlier in the thread?

LikesBikes said:

Paid in full at the time of taking out the policy. Was hoping that the refund hadn't happened, however it had. It was 20 days after the policy was cancelled and well over a month after the request for the proof of NCD.

Unfortunately I failed to notice this at the time.

Edited by LikesBikes on Wednesday 14th April 21:55

Yes but without going through it all, sure I went on to somewhere say that I hadn't been refunded in full

[LikesBikes]

I think you need to satisfy all three of those criteria to use it as a defence though.

Cheers anyway

[LikesBikes]

Well have an appointment with a solicitor on Wednesday. Obviously I outlined the sequence of events on the phone and they asked (without me mentioning it) if Hastings had agreed to reinstate the policy once the discrepancy had been resolved. Seemed surprised that they hadn't?

[LikesBikes]

Edited by LikesBikes on Thursday 30th September 23:45

[LikesBikes]

To update you all, having had a previous special reasons hearing cancelled I finally got my day in court on Friday, a fortnight short of a year from the time of being stopped by the police. 

With the help of an outstanding solicitor and reams of paperwork/letters along with hearsay evidence from the internet (which the prosecutor allowed in unchallenged) the court were satisfied that I had no knowledge of the cancellation and concluded that I had been unfairly misled by Hastings Direct. 

The outcome of the whole event was that although technically convicted by having previously pleaded guilty to the "absolute offence" of driving without insurance I have been given an absolute discharge with no fine and no endorsement or even mention of the conviction on my license. Also, given the nature of the circumstances, the prosecutor declined to apply for any court costs to be paid by me. The best result I could get.  

Sincere thanks to all who helped, advised and supported me throughout this thread, in particular Saaby amongst others who I should really go through the thread and find the names of, you know who you are. Without your input I would have rolled over and died in the face of it all long ago. 

And to the few who doubted and suggested I was lying? Hmm, well....


Sincere thanks all, genuinely appreciate everything. 

Darren. 

Edited by LikesBikes on Sunday 3rd April 10:56

[LikesBikes]

Edited by LikesBikes on Sunday 3rd April 11:00

[LikesBikes]

Obviously there is that and also having to state that I have had a policy cancelled, don't know how badly that will affect the premiums?
The main thing is I have a clean license for my work and the way things are in the industry I'm over the moon about that

[LikesBikes]

Apologies for not getting back sooner, been mental.
Obviously renewal time is here and it's proving tough. The insurance is refusing to accept the difference between an absolute discharge and 6 points/£200. But dealing with that.
My licence was handed back to me in court and shows no endorsement. I'm wondering does this count as a conviction (although technically guilty)? As is just my luck my solicitor is away and his colleague deals in other matters so can't clear this up.
The policy went up £140 just for the 'have you ever had insurance cancelled?' bit!!
Bloody hell, it's never ending

[LikesBikes]

Sorted. Obviously the likes of confused.com was difficult to explain online, however my local A-plan were outstanding and beat the best conviction free online quote. 

The bloke in there said the 'conviction' shouldn't be a problem and confirmed this with the underwriter, same for the cancellation based on the fact that the court ruled that I had been misled. Got all that confirmed in writing and a copy in their records too. 

Also paid in cash to make an automated cancellation impossible

[LikesBikes]

Its a nice idea but I guess they can't let an driver continue without insurance once identified. Imagine the stink if an uninsured driver hit someone and it turned out the police were aware in advance?