DVLA has banned me from driving for 4 years..and it wasnt me
Discussion
Having skimmed through this thread after its resurrection and concerns over revoked/disqualified/no licence, if this would help anyone else:
My Dad forgot to renew his licence (70 years, renewed every 3 years) or didn't get a renewal letter from the DVLA, skidded on spilt diesel on a roundabout, small crash into a barrier, and the Insurance agent on the phone stated to the attending Police - No Licence = No Insurance). He was charged with driving without insurance.
This is the letter I wrote to the prosecuting officer who agreed with it and dropped the No Insurance charge:
[b]On xx/xx/2020, I appeared with my Father, VikingaerosDad, before xxx Magistrates Court and the Justices adjourned the case to xx/xx/2020 and the Justices asked me to write to you.
I explained to the Court that my Father had been given advice by Family members that driving without insurance is an absolute offence and that he should plead guilty on the Single Justice Procedure. I said to the Court that there could be a miscarriage of justice as his Insurers had no right to withdraw or deny cover as the Policy Document did not allow them to do so in his case. I provided the Court with a copy of the exclusions.
On xx/xx/2019 my Father was involved in a single vehicle accident in on the Axxx Bypass. The Police attended and found that he had forgotten to renew his licence in January 2019. They contacted the Insurers, Scumbag Insurance, who advised the Officers at the scene that he was not insured.
I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person has held and is
not disqualified from holding or getting a licence
(the person driving the car must be legally
entitled to do so);
If we look at this paragraph I will put in my narrative in square brackets:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid driving licence [he did not hold a valid driving licence but see following terms], unless the person has held [he has previously held a licence] and is not disqualified from holding or getting a licence [he is not disqualified from holding or getting a licence] (the person driving the car must be legally entitled to do so); [he is legally entitled to do so as I renewed his licence online for him the next day] [/b]
The Insurance Industry and the Police are very quick to accept the not insured route even when their T&C's prohibit them from doing so and often the agent and/or the Police will mislead each other to get the outcome they want. In case anyone thinks because he forgot to renew his licence, what is his driving like? It's good. It's something we as a family monitor all the time.
My Dad forgot to renew his licence (70 years, renewed every 3 years) or didn't get a renewal letter from the DVLA, skidded on spilt diesel on a roundabout, small crash into a barrier, and the Insurance agent on the phone stated to the attending Police - No Licence = No Insurance). He was charged with driving without insurance.
This is the letter I wrote to the prosecuting officer who agreed with it and dropped the No Insurance charge:
[b]On xx/xx/2020, I appeared with my Father, VikingaerosDad, before xxx Magistrates Court and the Justices adjourned the case to xx/xx/2020 and the Justices asked me to write to you.
I explained to the Court that my Father had been given advice by Family members that driving without insurance is an absolute offence and that he should plead guilty on the Single Justice Procedure. I said to the Court that there could be a miscarriage of justice as his Insurers had no right to withdraw or deny cover as the Policy Document did not allow them to do so in his case. I provided the Court with a copy of the exclusions.
On xx/xx/2019 my Father was involved in a single vehicle accident in on the Axxx Bypass. The Police attended and found that he had forgotten to renew his licence in January 2019. They contacted the Insurers, Scumbag Insurance, who advised the Officers at the scene that he was not insured.
I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person has held and is
not disqualified from holding or getting a licence
(the person driving the car must be legally
entitled to do so);
If we look at this paragraph I will put in my narrative in square brackets:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid driving licence [he did not hold a valid driving licence but see following terms], unless the person has held [he has previously held a licence] and is not disqualified from holding or getting a licence [he is not disqualified from holding or getting a licence] (the person driving the car must be legally entitled to do so); [he is legally entitled to do so as I renewed his licence online for him the next day] [/b]
The Insurance Industry and the Police are very quick to accept the not insured route even when their T&C's prohibit them from doing so and often the agent and/or the Police will mislead each other to get the outcome they want. In case anyone thinks because he forgot to renew his licence, what is his driving like? It's good. It's something we as a family monitor all the time.
vikingaero said:
the Insurers, Scumbag Insurance, who advised the Officers at the scene that he was not insured.
I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person has held and is
not disqualified from holding or getting a licence
(the person driving the car must be legally
entitled to do so);
Why do you call them Scumbag Insurance? Their terms and conditions are more or less standard.I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person has held and is
not disqualified from holding or getting a licence
(the person driving the car must be legally
entitled to do so);
If I had to get my son to write letters for me I think I would stop driving.
Yes, I am older than your father.
The Mad Monk said:
vikingaero said:
the Insurers, Scumbag Insurance, who advised the Officers at the scene that he was not insured.
I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person has held and is
not disqualified from holding or getting a licence
(the person driving the car must be legally
entitled to do so);
Why do you call them Scumbag Insurance? Their terms and conditions are more or less standard.I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person has held and is
not disqualified from holding or getting a licence
(the person driving the car must be legally
entitled to do so);
As they don't even know their own exclusions I would think Scumbag insurance would be quite apt.
vikingaero said:
Having skimmed through this thread after its resurrection and concerns over revoked/disqualified/no licence, if this would help anyone else:
My Dad forgot to renew his licence (70 years, renewed every 3 years) or didn't get a renewal letter from the DVLA, skidded on spilt diesel on a roundabout, small crash into a barrier, and the Insurance agent on the phone stated to the attending Police - No Licence = No Insurance). He was charged with driving without insurance.
This is the letter I wrote to the prosecuting officer who agreed with it and dropped the No Insurance charge:
On xx/xx/2020, I appeared with my Father, VikingaerosDad, before xxx Magistrates Court and the Justices adjourned the case to xx/xx/2020 and the Justices asked me to write to you.
I explained to the Court that my Father had been given advice by Family members that driving without insurance is an absolute offence and that he should plead guilty on the Single Justice Procedure. I said to the Court that there could be a miscarriage of justice as his Insurers had no right to withdraw or deny cover as the Policy Document did not allow them to do so in his case. I provided the Court with a copy of the exclusions.
On xx/xx/2019 my Father was involved in a single vehicle accident in on the Axxx Bypass. The Police attended and found that he had forgotten to renew his licence in January 2019. They contacted the Insurers, Scumbag Insurance, who advised the Officers at the scene that he was not insured.
I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person [b]has held and is
not disqualified from holding or getting a licence[/b]
(the person driving the car must be legally
entitled to do so);
If we look at this paragraph I will put in my narrative in square brackets:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid driving licence [he did not hold a valid driving licence but see following terms], unless the person has held [he has previously held a licence] and is not disqualified from holding or getting a licence [he is not disqualified from holding or getting a licence] (the person driving the car must be legally entitled to do so); [he is legally entitled to do so as I renewed his licence online for him the next day] [/b]
The Insurance Industry and the Police are very quick to accept the not insured route even when their T&C's prohibit them from doing so and often the agent and/or the Police will mislead each other to get the outcome they want. In case anyone thinks because he forgot to renew his licence, what is his driving like? It's good. It's something we as a family monitor all the time.
has held and is not disqualified from holding or getting a licenceMy Dad forgot to renew his licence (70 years, renewed every 3 years) or didn't get a renewal letter from the DVLA, skidded on spilt diesel on a roundabout, small crash into a barrier, and the Insurance agent on the phone stated to the attending Police - No Licence = No Insurance). He was charged with driving without insurance.
This is the letter I wrote to the prosecuting officer who agreed with it and dropped the No Insurance charge:
On xx/xx/2020, I appeared with my Father, VikingaerosDad, before xxx Magistrates Court and the Justices adjourned the case to xx/xx/2020 and the Justices asked me to write to you.
I explained to the Court that my Father had been given advice by Family members that driving without insurance is an absolute offence and that he should plead guilty on the Single Justice Procedure. I said to the Court that there could be a miscarriage of justice as his Insurers had no right to withdraw or deny cover as the Policy Document did not allow them to do so in his case. I provided the Court with a copy of the exclusions.
On xx/xx/2019 my Father was involved in a single vehicle accident in on the Axxx Bypass. The Police attended and found that he had forgotten to renew his licence in January 2019. They contacted the Insurers, Scumbag Insurance, who advised the Officers at the scene that he was not insured.
I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person [b]has held and is
not disqualified from holding or getting a licence[/b]
(the person driving the car must be legally
entitled to do so);
If we look at this paragraph I will put in my narrative in square brackets:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid driving licence [he did not hold a valid driving licence but see following terms], unless the person has held [he has previously held a licence] and is not disqualified from holding or getting a licence [he is not disqualified from holding or getting a licence] (the person driving the car must be legally entitled to do so); [he is legally entitled to do so as I renewed his licence online for him the next day] [/b]
The Insurance Industry and the Police are very quick to accept the not insured route even when their T&C's prohibit them from doing so and often the agent and/or the Police will mislead each other to get the outcome they want. In case anyone thinks because he forgot to renew his licence, what is his driving like? It's good. It's something we as a family monitor all the time.
This language also used to appear on the driving licence application form, and once upon a time I used it to beat a charge of "otherwise than in accordance with..."
Edited by handpaper on Monday 5th April 19:45
NGee said:
The Mad Monk said:
vikingaero said:
the Insurers, Scumbag Insurance, who advised the Officers at the scene that he was not insured.
I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person has held and is
not disqualified from holding or getting a licence
(the person driving the car must be legally
entitled to do so);
Why do you call them Scumbag Insurance? Their terms and conditions are more or less standard.I attach a copy of Scumbags General exclusions and have highlighted the relevant paragraph which states:
We will not pay for any loss, damage or liability which arises while your car is being:
• driven by a person who does not hold a valid
driving licence, unless the person has held and is
not disqualified from holding or getting a licence
(the person driving the car must be legally
entitled to do so);
As they don't even know their own exclusions I would think Scumbag insurance would be quite apt.
Please pass the wall....
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