Discussion
My cousin was stopped in his parents vehicle but did not have valid insurance. he subsequently had his vehicle siezed. he has now paid the charge of 105 plus 12 per day and recovered his vehicle. however this was a couple of weeks ago and he still has not heard anything.
what will be the procedure for prosecution?
this is his first time what can he expect as punishment?
btw he does not want to argue this case he would just like to know what the court procedure is gonna be.
what will be the procedure for prosecution?
this is his first time what can he expect as punishment?
btw he does not want to argue this case he would just like to know what the court procedure is gonna be.
raksp said:
he has got 3 points for not stopping at red light in 01/2005. when will these end? will he get a ban? its his first time. think he will get a summons as he was given nothing with siezure notice.
Points are on your licence for 3 years so they will remain and now whatever he gets will go on top.
Will he get a ban....as stated before
Driving without insurance upto a maximum £5,000 fine Discretionary Disqualificaton 6-8 points.
So yes possibly but he could end up with 6 points and a fine.So if you add that to the 3 already he will have 9 points at best and 11 if he got the full 8 points.His insurance company may also love him when it comes to renewal and he will have to notify them before hand of the points.
Edit to add..If he was given no paperwork at the scene then expect a summons sometime in the next 6 months.
Edited by tps on Sunday 29th April 11:55
when you go to court and are fined. how long do the courts normally give to pay the fine? also how much is he likely to be fined? he earns roughly 17/18K a year. and does anyone know how many people get a ban for their first offence?
side note on declaring points - do insurance do a check before they issue the policy or when you make a claim? would they cancel a claim if they found out you didnt declare points?
side note on declaring points - do insurance do a check before they issue the policy or when you make a claim? would they cancel a claim if they found out you didnt declare points?
Edited by raksp on Friday 11th May 10:50
Usual procedure would be for the officer dealing to issue an HO/RT 1 (producer)at the time of seizure.Your cousin wouldthen have the usual seven days from midnight to produce what ever was requested-usually licence,insurance and MOT.As your cousin couldn't produce insurance,he would have been reported at the front office and the issuing officer would then be forwarded both copies of the HORT1 with an HORT2 outlining what offences were disclosed.The officer then has six months to forward paperwork to raise a summons,which would then be sent to your cousin,with a court date.So basically,any court date could take up to six months to materialise.Otherway would be to report your cousin at the time.Officer still has the six months limitations time though...Not much comfort i know,but now you know
raksp said:
when you go to court and are fined. how long do the courts normally give to pay the fine? also how much is he likely to be fined? he earns roughly 17/18K a year. and does anyone know how many people get a ban for their first offence?
side note on declaring points - do insurance do a check before they issue the policy or when you make a claim? would they cancel a claim if they found out you didnt declare points?
side note on declaring points - do insurance do a check before they issue the policy or when you make a claim? would they cancel a claim if they found out you didnt declare points?
Edited by raksp on Friday 11th May 10:50
Would they cancel a claim......you bet they would 100%.That is the best way to cancel your insurance ever.Oh and then your cousin could get done all over again for not having insurance and be responsible for any costs he caused ie damage to his car or other peoples car/property.
raksp said:
side note on declaring points - do insurance do a check before they issue the policy or when you make a claim? would they cancel a claim if they found out you didnt declare points?
That ranks with one of the stupidest questions ever.
Of course they check...anything that can get an insurance company out of paying a claim will be checked. And yes, the insurance will be hell-ish after being caught with no insurance.
Out of curiousity, why was he driving that car with no insurance if he's had a license 7 years? Shirley it wouldn't have been that expensive to get cover?
tps said:
Driving without insurance upto a maximum £5,000 fine Discretionary Disqualificaton 6-8 points.
]
]
On the Police "reality" tv shows we only ever seem to hear of people being fined £200 ish for no insurance,I think that included a woman who hadn't had cover for 15 years!....Does anyone ever get the biggy?
Edited by esselte on Friday 11th May 16:08
esselte said:
tps said:
Driving without insurance upto a maximum £5,000 fine Discretionary Disqualificaton 6-8 points.
]
]
On the Police "reality" tv shows we only ever seem to hear of people being fined £200 ish for no insurance,I think that included a woman who hadn't had cover for 15 years!....Does anyone ever get the biggy?
Edited by esselte on Friday 11th May 16:08
Fines have to be set at an amount the person paying can afford to pay off within 12 months.
vonhosen said:
esselte said:
tps said:
Driving without insurance upto a maximum £5,000 fine Discretionary Disqualificaton 6-8 points.
]
]
On the Police "reality" tv shows we only ever seem to hear of people being fined £200 ish for no insurance,I think that included a woman who hadn't had cover for 15 years!....Does anyone ever get the biggy?
Edited by esselte on Friday 11th May 16:08
Fines have to be set at an amount the person paying can afford to pay off within 12 months.
Really? Is that for everything?Not much deterrent then is it? Erm,let me see,shall I pay the £600 insurance or take the risk and just plead poverty and get the £200 fine?
...
Edited by esselte on Friday 11th May 16:30
DucatiGary said:
surely thats discrimination.
Nope.
You can be imprisoned for non payment of fines. It is not ethical to set a fine at an amount that it is impossible for that person to pay, therefore effectively sentencing them to a custodial sentence simply because they are poor.
It isn't a case of the wealthier having a higher fine set, it's a case that the poorer person's is discounted with regard to their ability to pay. A £100 fine still may be effectively more of a burden to them (though of course means testing means they can afford it) than £10k to someone who is wealthy.
tigger1 said:
That ranks with one of the stupidest questions ever.
Of course they check...anything that can get an insurance company out of paying a claim will be checked.
mate its not stupid.
the insurance company are not allowed to call the DVLA to check (data protection act) so surely the only way to know is to see your licence? and i have never been asked to show my licence to insurance company.
btw i am not condoning this practice just curious as to how insurance companies know as i am sure many people dont declare points.
Edited by raksp on Friday 11th May 16:55
tps said:
Would they cancel a claim......you bet they would 100%.That is the best way to cancel your insurance ever.Oh and then your cousin could get done all over again for not having insurance and be responsible for any costs he caused ie damage to his car or other peoples car/property.
does anyone know of cases where this has happened? have insurance companies ever actually invalidated insurance cos of not declaring points?
because if they could check i cant understand why they would not do this BEFORE issuing the policy because if they found out you did actualy have points they could increase payment!!
raksp said:
tps said:
Would they cancel a claim......you bet they would 100%.That is the best way to cancel your insurance ever.Oh and then your cousin could get done all over again for not having insurance and be responsible for any costs he caused ie damage to his car or other peoples car/property.
does anyone know of cases where this has happened? have insurance companies ever actually invalidated insurance cos of not declaring points?
because if they could check i cant understand why they would not do this BEFORE issuing the policy because if they found out you did actualy have points they could increase payment!!
When you are paying then they aren't generally too worried, because they are taking your money. Any money they spend investigating at this stage is eating into profit. When they have to payout though, then it's in their interest to pay a little, to save a lot.
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