Insurance cock-up - Advice needed
Insurance cock-up - Advice needed
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Discussion

caelite

Original Poster:

4,282 posts

142 months

Sunday 6th March 2016
quotequote all
Hey folks

I have had a minor cock up with a car. I have had to put a car into temporary storage at my cousins house (he has off-street parking) since I cannot currently afford to keep it insured. Part of my agreement with my cousin was that he could use it for a couple of weeks before I put a cover on it (it is an estate, he is renavating his garden), I put him as a named driver on my policy for the last 3 weeks before it ran out.

The insurance policy ran out on the the 2nd, the vehicle will have been declared SORN as of the 2nd. Yesterday I got an extremely apologetic call from my cousin who thinks that he has been caught speeding by a scamera van earlier today (the 5th) well on his way to the dump (They sit in the transition between a 30 and NSL and catch people coasting into town ~50meters after the 30 sign, he thinks he's been caught doing about 40 here). I gave him an absolute bking for driving the car, he was under the impression it was the 9th the insurance ran out, seemed like a genuine mistake but livid none the less.

So yeah, speeding offense aside which I believe is a simple matter of filling out the SP30 with the driver details of who was behind the wheel, would the system on a van flag an uninsured/taxxed vehicle? If so is it an open shut IN10 for him or is there some lee way for vehicles only a couple of days uninsured?

Also am I at risk of an IN14 in this situation? My expressed consent was given for him to use the vehicle right up to the 2nd, the date of this consent was somehow confused by my cousin. I REALLY dont want to get him done for taking my vehicle without consent if worse comes to worst however I really dont know if I would be guilty of an IN14 otherwise.

On a more hopeful note, what are the chances of a speed camera van being in position but not being active?

Thanks PH
CAE

Retroman

975 posts

163 months

Sunday 6th March 2016
quotequote all
They will probably only prosecute for the speeding if the haven't twigger on about the insurance.

If they did twig though, it's a strict liability offense where there is no grace period.


sebhaque

6,535 posts

211 months

Sunday 6th March 2016
quotequote all
I was under the impression that scamera vans also use ANPR to register pings on uninsured/untaxed vehicles, so he'd probably have been flagged if he wasn't speeding. I remember passing an ANPR checkpoint a few years ago about 3 hours after I'd changed my personalised plates over and seeing an unmarked Focus ST blasting it to catch up to pull me over for an uninsured car, when I showed them the paperwork they were happy and let me carry on.

Gareth79

9,103 posts

276 months

Sunday 6th March 2016
quotequote all
I haven't heard of somebody being prosecuted for no insurance after a camera offence, but it might now be a thing. I think you will be ok, but fingers crossed!

PurpleMoonlight

22,362 posts

187 months

Sunday 6th March 2016
quotequote all
It's not an insurance cock up, it's a driver cock up.

Speeding.

No road tax.

No insurance.

Book and throw spring to mind ....

vonhosen

40,597 posts

247 months

Sunday 6th March 2016
quotequote all
He either has it to use with your consent, or he is using it without your consent.

aw51 121565

4,773 posts

263 months

Sunday 6th March 2016
quotequote all
Gareth79 said:
I haven't heard of somebody being prosecuted for no insurance after a camera offence, but it might now be a thing.
If a Registered Keeper starts playing silly buggers by falsely nominating foreign drivers who have since left the country, it will happen just as it has happened in the past hehe . Rare, though.

Tomo1971

1,177 posts

187 months

Sunday 6th March 2016
quotequote all
I know you dont want to drop him in it, but if you dont, it will be you that takes the punishment.

He had the keys, he was the 'keeper' of the vehicle at the time and will be responsible for it all.

caelite

Original Poster:

4,282 posts

142 months

Sunday 6th March 2016
quotequote all
Tomo1971 said:
I know you dont want to drop him in it, but if you dont, it will be you that takes the punishment.

He had the keys, he was the 'keeper' of the vehicle at the time and will be responsible for it all.
Oh im well aware if I get the nips through im filling out his details for the SP30 and IN10. Really what I was wanting to know is: do I NEED to press charges for taking without consent to avoid myself getting hit by an IN14.

Although heres hoping its just a speeding ticket if anything, that cars speedo overeads by a ton (15-20%). It just came to mind that I regretted to tell him that so he might have been within tolerences.

matchmaker

9,067 posts

230 months

Sunday 6th March 2016
quotequote all
vonhosen said:
He either has it to use with your consent, or he is using it without your consent.
Yes - add another offence!

paintman

7,860 posts

220 months

Sunday 6th March 2016
quotequote all
'Pressing charges' is not your choice.
In the event of it coming to light your choice will be that he either had your permission to drive the car or he didn't.
If you opt for the former then likely you will be reported for permitting his driving without insurance.
This link suggests that you could be facing a fine & 6 points:
"The law is written such that, as a vehicle owner, you are responsible for making sure that anyone who drives that vehicle is insured. In the event that an uninsured drive is caught driving a vehicle registered to you, not only will they receive points and a fine for the offence, but you will receive 6 points and a fine for permitting a driver to drive without insurance."
http://www.pattersonlaw.co.uk/motoring-offences/no...

agtlaw

7,415 posts

236 months

Monday 7th March 2016
quotequote all
paintman said:
'Pressing charges' is not your choice.
In the event of it coming to light your choice will be that he either had your permission to drive the car or he didn't.
If you opt for the former then likely you will be reported for permitting his driving without insurance.
This link suggests that you could be facing a fine & 6 points:
"The law is written such that, as a vehicle owner, you are responsible for making sure that anyone who drives that vehicle is insured. In the event that an uninsured drive is caught driving a vehicle registered to you, not only will they receive points and a fine for the offence, but you will receive 6 points and a fine for permitting a driver to drive without insurance."
http://www.pattersonlaw.co.uk/motoring-offences/no...
Incorrect information on that website. It's 6-8 points (not 6) and for info, the fine is unlimited.

xjay1337

15,966 posts

148 months

Monday 7th March 2016
quotequote all
See what happens and what comes through.

There MAY be a possibility it was still showing on MID as insured.
Sometimes it can take a few days to update.

Although if you told him he could only use it up to the 2nd then he has used the car without your consent and I wouldn't take 6 points for my mates cock up.

wolves_wanderer

12,956 posts

267 months

Monday 7th March 2016
quotequote all
Wait and see is the only advice. If an SP30 drops through your door then pay it normally and hope they don't twig the rest of it.