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motor related offences

Pedro83

Pedro83

pfm Member
.... ok, i got caught doing 60mph in a 50mph limit average speed along the m62. NIP letter came through with lots of info about the motoring course they sometimes offer.

now, my problem is thus; unknowingly, i wasn't insured on the vehicle. my friend "thought" he had third party for anyone but that isn't the case. the NIP at this stage is only referring to the speed offence.

i've since sent off the form declaring that i was the driver etc. i've perused the net but couldn't really find an exact answer.

given i work for myself, and can only work on the basis of me driving what am i looking at, if anything? i already have 3 points.

TIA
 
Do you have your own car, comprehensively insured? If so, your policy will probably cover you for driving other cars 3rd party. Good luck.

Rich
 
You are at the mo only looking at a speeding fine. However if driving without insurance is a first offence the Court would normally impose between 6 and 8 penalty points, but no ban.

Your friend is guilty of the offence of permitting the vehicle to be used by an uninsured driver and faces a licence endorsement of 6–8 points and a fine.

Keep yer fingers crossed.

Cheers,

DV
 
If I read this correctly from the previous linked site then your friend will be prosecuted as well if things go further than just a speeding offence :

My friend borrowed my car and said he was insured to use it under his own Policy. I have now found out that his Policy did not cover him for other vehicles. Can I be prosecuted?
Yes. If you lend your vehicle to anybody, you should only do so on the basis that you have checked the insurance position. Many people think that because they have fully comprehensive insurance they are insured on other vehicles. This is rarely correct. You can be prosecuted for permitting another person to use your vehicle without insurance and face 6–8 penalty points and a fine up to £5,000.


Average speed camera sections are a well known trap, to see people go past the camera then speed up before the second set makes me shake my head in disbelief. I'm not lecturing you as loads of others do it but it is a painful lesson learnt.
 
thanks guys. i'm into the fourth month of starting up my own small company after being declared fit to work by the lovely atos, this isn't what i need but i must face the consequences. Hopefully I won't get a huge ban. I was done by the average speed ANPR cams should it make a difference (i doubt it).
 
i wasn't absolutely clear in my first post in that between me and my friend, we thought that i was covered. we were living together at the time, i was hiring the vehicle from him for my work. i now hire from rental companies - he has since sold the vehicle.

this is going to be a PITA .... :(
 
Good luck with the case and your job. At least you didn't discover the insurance situation after an accident ... that could have been devastating. I've had a close call in the past and now I double and triple check the insurance situation before I drive anything.
 
If it were me, I'd keep my mouth shut about the insurance. If you do end up in court, your defence would be an unreasonable amount of time has past since the incident and your friend (hopefully ;)) hasn't kept the paperwork as he's disposed of the car so you can't produce it court. If you do end up in court be honest about everything else including that you didn't double-check the paperwork and offer to hold your hands up if you are wrong.

Remember it's up to the police to prove your guilt and as the vehicle was insured at the time, they'll need the small print of your mate's insurance policy to prove otherwise. As you're not public enemy number 1, I doubt the police will bother investigating, just be careful you don't commit perjury if you end up in court.
 
With insurance the emphasis is on you to satisfy yourself that you are insured. i.e. look at the policy, don't take someone's word. Sounds like 6 points to me. Unless.......

http://www.pattersonlaw.co.uk/No-In...nsurance.php?gclid=CLzOkoGtrbgCFXHMtAodhhAAyg
I think they will give a free telephone consultation?
^^ Gives an outline of the various scenarios. Special reasons not to endorse your licence with points may be worth a look.
As far as your friend is concerned they have 6 months from the incident to summons him.
Good luck as these laws are really designed to punish those who simply don't pay.
 
very interesting. as mentioned before, weeks after my "offence" the car was declared off the road until it was finally sold.

many, many thanks. excellent advice.

the last two posts seem slightly polarising but i have taken everything on board so thank you.
 
If the NIP is an offer of 3 points and a £60 fine, take the offer and run with it. Pay the fine, collect the points.
 
Steven Toy said:
If the NIP is an offer of 3 points and a £60 fine, take the offer and run with it. Pay the fone, collect the points.
Click to expand...

i really hope this will be the case. i have given them my driving licence details and correct address, now waiting for them to get back to me. it's with the "processing unit"....
 
If they offer a Driver Awareness Course, take it. If they don't take the 3 points and fine. No one will ask for insurance, MoT etc. The last thing you want to do is go to court.
 
Pay the fine and STFU, or go on the course and STFU. If they don't check, that's their problem. As the vehicle had a policy in place the chances are they won't ask you for a valid insurance cert. If they do then you are looking at £200-500 and 6-8 points, so fingers crossed and keep your head down.
 
and given that the thread has been processed and analyzed by GCHQ and the US equivalent by now - if I were you I would be adopting a new name, address and ip address.
 
Andrew C! said:
Would it not say on the vehicle's dvla record what type of insurance is in place?
Click to expand...

Is anyone going to go to the kind of lengths to check that kind of stuff for what was a speeding offence only slightly above the ACPO guideline tolerance threshold picked up via an automated system (SPECS)?

I very much doubt it, especially as neither the police nor the courts are directly involved in the prosecution process in this instance.

The OP will plead guilty on the form provided in response to the NIP for the offence of speeding and nothing else and accept either a speed awareness course or 3 points and a sixty quid fine.

That will be the end of it. Six months after the offences were committed he will breathe a sigh of relief because six months is the time limit to prosecute for any motoring offence.
 
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