New Gov website says I have no points or bans... But I do.
New Gov website says I have no points or bans... But I do.
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Discussion

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
Might be causing a rod for my own back here. But here goes.

I passed my test in 2007 - in my first 2 years of driving I got over 6 points. So was banned until I retook my test this was in 2009. So I supposed that ban and those point will have dropped off. One of the sp30 points was in 2007.

So in 2010 I got another 3 points for being silly. I was luckily outside the totting up 3 year period. So I didn't get banned again.

Anyway I've just checked online and it says that I have zero points or fines. Using the new government check.

Does this mean I have been grossly overpaying for my insurance? It asks for the information for 5 years online, so I've always given them 5 years of info.


Troubleatmill

10,210 posts

188 months

Saturday 28th June 2014
quotequote all
What are the exact dates of your points?

Read this..
http://www.nidirect.gov.uk/when-endorsements-and-p...


Even although points may have lapsed, insurance companies can ask for the past 5 years.

DaveH23

3,355 posts

199 months

Saturday 28th June 2014
quotequote all
I understand that points remain on your licence for 3 years and insurance for 5.

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
DaveH23 said:
I understand that points remain on your licence for 3 years and insurance for 5.
I understand they can ask for 100 years if they so please. However if the government are going to use this to replace my paper driving licence then how on earth would the know. Also fines are now spent after a year, the financial ombudsman says you cannot cancel a policy or void a claim for not giving info which is spent.

At least 3 points are within 5 years, but most probably 9 as I got 6 at once and I think it is just under 5 years since I got those 6. I don't currently have anything showing up though.

I've just ran a comparison and it clearly shows that I'd have saved going on £50 if I didn't declare them.

It's my own fault for being too honest.

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
Troubleatmill said:
What are the exact dates of your points?

Read this..
http://www.nidirect.gov.uk/when-endorsements-and-p...


Even although points may have lapsed, insurance companies can ask for the past 5 years.
Interesting - I knew they stayed on for 4 years. However I am confused why insurers are asking for 5 years. Previously this was the time before it became spent. But now that time is 1 year. Do they have an exemption to the ROA Act? If not I can see there being plenty of cases going to the ombudsman and through the courts if they want to start imposing any sanctions.

That said - I think it will probably be the case that they use this to try and squeeze money out of people, but when push comes to shove they won't want to get a slapping in court or by the ombudsman so will quietly back down to those who stand up to them.

Roo

11,504 posts

236 months

Saturday 28th June 2014
quotequote all
Did you get banned or was your licence revoked?

R_U_LOCAL

2,708 posts

237 months

Saturday 28th June 2014
quotequote all
DaveH23 said:
I understand that points remain on your licence for 3 years and insurance for 5.
Endorsements remain on your licence for 4 years from the date of conviction, but only count towards disqualification by totting-up for 3 years. Endorsements for some serious offences remain on your licence for 11 years.

OP, you weren't disqualified from holding a licence by obtaining 6 points in your first two years. Your licence was revoked until you passed your test again. Revocation and disqualification are two different things.

Your points have probbaly now dropped off and the tevocation was not a conviction so will also not show on your licence.

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
R_U_LOCAL said:
Endorsements remain on your licence for 4 years from the date of conviction, but only count towards disqualification by totting-up for 3 years. Endorsements for some serious offences remain on your licence for 11 years.

OP, you weren't disqualified from holding a licence by obtaining 6 points in your first two years. Your licence was revoked until you passed your test again. Revocation and disqualification are two different things.

Your points have probbaly now dropped off and the tevocation was not a conviction so will also not show on your licence.
My licence says banned until test passed.

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
R_U_LOCAL said:
Endorsements remain on your licence for 4 years from the date of conviction, but only count towards disqualification by totting-up for 3 years. Endorsements for some serious offences remain on your licence for 11 years.

OP, you weren't disqualified from holding a licence by obtaining 6 points in your first two years. Your licence was revoked until you passed your test again. Revocation and disqualification are two different things.

Your points have probbaly now dropped off and the tevocation was not a conviction so will also not show on your licence.
My licence says banned until test passed.

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
Right so just to clear this up - does anyone actually know how long you need to tell insurance about driving offences for?

ROA says one year. Ombudsman says that if they do anything about you not telling spent offences then they will find against the company.

So what do you need to tell them? This might make a big difference to me, and to other people in my unfortunate situation.

If anyone works in insurance, the police or the courts has knowledge on this I would be interested to know.

jkh112

23,933 posts

187 months

Saturday 28th June 2014
quotequote all
Tell them the answer to the question they ask.
Do you really want to give a false answer to a question, take out the insurance on that basis and then trust the ombudsman will back you when you try to make a claim and the insurance company refuse because you lied?

Roo

11,504 posts

236 months

Saturday 28th June 2014
quotequote all
It's simple.

They ask a question and you answer it.

If you don't like the questions you go to another insurer.

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
Roo said:
It's simple.

They ask a question and you answer it.

If you don't like the questions you go to another insurer.
That's not how the law works. The ROA Act was specifically designed to stop people being disadvantaged by old convictions. The law says after a year a fine is done with.

So going back to what I asked - is there an exemption for car insurance?

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
jkh112 said:
Tell them the answer to the question they ask.
Do you really want to give a false answer to a question, take out the insurance on that basis and then trust the ombudsman will back you when you try to make a claim and the insurance company refuse because you lied?
My understanding of the ROA Act is that you should not be asked about spent convictions. Surely they have to comply by that law.

By the way, I'm trying to help motorists here. If the ROA act really does mean that after a year you don't have to declare it will be much much better for the average motorist.

R_U_LOCAL

2,708 posts

237 months

Saturday 28th June 2014
quotequote all
lookingforajob said:
My licence says banned until test passed.
What is the exact wording on your licence?

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
R_U_LOCAL said:
What is the exact wording on your licence?
From memory it says "banned until test retaken". That is the exact working.

jkh112

23,933 posts

187 months

Saturday 28th June 2014
quotequote all
lookingforajob said:
My understanding of the ROA Act is that you should not be asked about spent convictions. Surely they have to comply by that law.
I am not an expert but understand the ROA applies to employers asking about convictions. I do not think it explicitly prevents insurance companies asking about convictions.

Also remember that although points become spent after 3 years, endorsements for traffic offences have a rehabilitation period (in accordance with the ROA) of 5 years. 5 years is also the time period most insurance companies enquire about.

Not definitive but see the section on motoring offences in the latest govt guidance to the ROA at:
https://www.gov.uk/government/uploads/system/uploa...

lookingforajob

Original Poster:

1,339 posts

147 months

Saturday 28th June 2014
quotequote all
http://www.legislation.gov.uk/uksi/2014/423/articl...


Is the answer to my own question. So it looks like there is an exemption.

Still strongly think the government need to clear up this mess. The link above seems to think that a simple speeding matter is subject to three different rehabilitation periods. To say it's confusing is an understatement.