Driving without Business Insurance - Court Summons Scotland
Discussion
Hi. New to the site apologies if I am posting in the wrong place!
Basically back in Feb I had picked up a mate after he finished his shift at his dads takeaway and on the way home we had dropped off a pizza to a place. Police turned up for a "routine check" and at the time had seemed genuine enough and said they could really do me for not having business insurance as they believed I was doing deliveries at the time through the conversation I had with the officer I was under the impression he wasn't going to pursue the matter and they let us go, ie never formally verbally charged me with driving without the correct insurance policy. Anyway i then was out of the country for 3 months and wasn't actually expecting a letter or anything from the procurator fiscal.
Going through my mail last week and the letter popped up out of nowhere dated feb with a notice of a fixed penalty or something along the lines of that, saying i could either take the 6 points and pay the fine or take it to court for driving without a policy of insurance and I had to reply within 28 days. That evidently well being overdue I contacted a lawyer who said that being in Scotland they would have to issue me a summons within 6 months of the alleged offence date. This thing happened within my first two years of driving so kind of weary that my licence will get revoked, for merely dropping a favour to a mate, I was employed elsewhere at the time aswell.
What's the process now, do they send people to serve the court papers? And if they aren't able to get me into court before the six months what happens then? The only thing I've ever received is that letter about the conditional offer which had I accepted would have revoked my licence.
Any advice appreciated, thanks!
Basically back in Feb I had picked up a mate after he finished his shift at his dads takeaway and on the way home we had dropped off a pizza to a place. Police turned up for a "routine check" and at the time had seemed genuine enough and said they could really do me for not having business insurance as they believed I was doing deliveries at the time through the conversation I had with the officer I was under the impression he wasn't going to pursue the matter and they let us go, ie never formally verbally charged me with driving without the correct insurance policy. Anyway i then was out of the country for 3 months and wasn't actually expecting a letter or anything from the procurator fiscal.
Going through my mail last week and the letter popped up out of nowhere dated feb with a notice of a fixed penalty or something along the lines of that, saying i could either take the 6 points and pay the fine or take it to court for driving without a policy of insurance and I had to reply within 28 days. That evidently well being overdue I contacted a lawyer who said that being in Scotland they would have to issue me a summons within 6 months of the alleged offence date. This thing happened within my first two years of driving so kind of weary that my licence will get revoked, for merely dropping a favour to a mate, I was employed elsewhere at the time aswell.
What's the process now, do they send people to serve the court papers? And if they aren't able to get me into court before the six months what happens then? The only thing I've ever received is that letter about the conditional offer which had I accepted would have revoked my licence.
Any advice appreciated, thanks!
KW15102 said:
Hi. New to the site apologies if I am posting in the wrong place!
Basically back in Feb I had picked up a mate after he finished his shift at his dads takeaway and on the way home we had dropped off a pizza to a place. Police turned up for a "routine check" and at the time had seemed genuine enough and said they could really do me for not having business insurance as they believed I was doing deliveries at the time through the conversation I had with the officer I was under the impression he wasn't going to pursue the matter and they let us go, ie never formally verbally charged me with driving without the correct insurance policy. Anyway i then was out of the country for 3 months and wasn't actually expecting a letter or anything from the procurator fiscal.
Going through my mail last week and the letter popped up out of nowhere dated feb with a notice of a fixed penalty or something along the lines of that, saying i could either take the 6 points and pay the fine or take it to court for driving without a policy of insurance and I had to reply within 28 days. That evidently well being overdue I contacted a lawyer who said that being in Scotland they would have to issue me a summons within 6 months of the alleged offence date. This thing happened within my first two years of driving so kind of weary that my licence will get revoked, for merely dropping a favour to a mate, I was employed elsewhere at the time aswell.
What's the process now, do they send people to serve the court papers? And if they aren't able to get me into court before the six months what happens then? The only thing I've ever received is that letter about the conditional offer which had I accepted would have revoked my licence.
Any advice appreciated, thanks!
Basically back in Feb I had picked up a mate after he finished his shift at his dads takeaway and on the way home we had dropped off a pizza to a place. Police turned up for a "routine check" and at the time had seemed genuine enough and said they could really do me for not having business insurance as they believed I was doing deliveries at the time through the conversation I had with the officer I was under the impression he wasn't going to pursue the matter and they let us go, ie never formally verbally charged me with driving without the correct insurance policy. Anyway i then was out of the country for 3 months and wasn't actually expecting a letter or anything from the procurator fiscal.
Going through my mail last week and the letter popped up out of nowhere dated feb with a notice of a fixed penalty or something along the lines of that, saying i could either take the 6 points and pay the fine or take it to court for driving without a policy of insurance and I had to reply within 28 days. That evidently well being overdue I contacted a lawyer who said that being in Scotland they would have to issue me a summons within 6 months of the alleged offence date. This thing happened within my first two years of driving so kind of weary that my licence will get revoked, for merely dropping a favour to a mate, I was employed elsewhere at the time aswell.
What's the process now, do they send people to serve the court papers? And if they aren't able to get me into court before the six months what happens then? The only thing I've ever received is that letter about the conditional offer which had I accepted would have revoked my licence.
Any advice appreciated, thanks!
"Going through my mail last week and the letter popped up out of nowhere"
So you haven't checked your mail for over 5 months?
"and on the way home we had dropped off a pizza to a place"
Forever Alone said:
"Going through my mail last week and the letter popped up out of nowhere"
So you haven't checked your mail for over 5 months?
Forever Alone said:
"and on the way home we had dropped off a pizza to a place"
I can easily imagine that happening. How many people would realise it was a problem? A lad I know got done for using a company car but in connection with another business. He could have easily given suitable answers but it never occurred to him that it might be a problem.Forever Alone said:
"Going through my mail last week and the letter popped up out of nowhere"
So you haven't checked your mail for over 5 months?
"and on the way home we had dropped off a pizza to a place"
Surely you have to check first that your insurer would really throw the toys out of the cot and claim you werent insured
Picked up a mate from his pizza place work and dropped off the last delivery on the way home
Arent there may parents who would do that on picking up their son daughter from their fill in job at the choose any type of takeaway restaurant, or even droping something off from a shop
Can it really invalidate insurance?
Picked up a mate from his pizza place work and dropped off the last delivery on the way home
Arent there may parents who would do that on picking up their son daughter from their fill in job at the choose any type of takeaway restaurant, or even droping something off from a shop
Can it really invalidate insurance?
b
hstewie said:
hstewie said: At what point did the police turn up and why did they assume you were delivering the pizza rather than simply eating it?
They turned up while my mate was upstairs actually dropping it off, he came down with the slip in his hand totally unaware of the situation. The case for insurance itself is for my lawyer to fight I know there's alot that I could say, surely me doing a favour for a friend, actually picking him up comes under SDP cover. But yeah thats a problem for court.What im worried about just now is if they are going to come to my address and try to serve me papers for court.
KW15102 said:
...surely me doing a favour for a friend, actually picking him up comes under SDP cover.
I wonder how far this goes - If it could be argued that if the use was Business then even picking someone up could be commuting. The Police in Scotland did a shop worker not long ago for not having commuting cover - it got quite a lot of press coverage.Sheepshanks said:
I wonder how far this goes - If it could be argued that if the use was Business then even picking someone up could be commuting. The Police in Scotland did a shop worker not long ago for not having commuting cover - it got quite a lot of press coverage.
Sorry forgot to mention, I had commuting on the policy at the time aswell.Just pulled my Certificate out (with LV=) and it says:
"Use by the Policyholder in person in connection with the Policyholder's business and/or that of the Policyholder's employer."
If that's common, there would be no way the type of use described by the OP could be covered by any normal policy if it's determined that it is business use.
I think delivering stuff (carrying goods) is a whole different ball-game.
"Use by the Policyholder in person in connection with the Policyholder's business and/or that of the Policyholder's employer."
If that's common, there would be no way the type of use described by the OP could be covered by any normal policy if it's determined that it is business use.
I think delivering stuff (carrying goods) is a whole different ball-game.
Sheepshanks said:
"Use by the Policyholder in person in connection with the Policyholder's business and/or that of the Policyholder's employer."
That sounds like Class 1 Business Use to me. Sheepshanks said:
I think delivering stuff (carrying goods) is a whole different ball-game.
Indeed. That is a higher class of business use. t400ble said:
The difference being someone is being paid to deliver the pizza
Although someone was being paid, it wasn't the OP.The OP was only giving a mate a lift
Surely it would be tenuous to stretch that to business use, especially the policyholders business use?
The Policyholder made no business out of it
saaby93 said:
Surely you have to check first that your insurer would really throw the toys out of the cot and claim you werent insured
On one of those Police docs they stopped a lad delivering pizzas and Bib rang his insurance company to be told he was only SD&P. Bib explained what the lad was doing and asked the ins co if they would be held liable. The look on face was priceless when they said “yes”!Gassing Station | General Gassing | Top of Page | What's New | My Stuff