Law on vehicles being left on a public highway uninsured, Penaltys?

[mctaggart99]

I bought a Motorhome last week which had Tax and I just had it MOT'd, as the MOT was quite expensive i decided to wait till pay day before i insured it. In the mean time the police towed my motorhome while i was in work to the pound as it was uninsured on a public highway(although not being driven). I am now arguing my case with them on the outcome of this. They say that i now have to goto the magistrates court and to expect a large fine and 6 points on my licence. I accept responsibility for the fine but I am contesting the 6 points. The points system is categorised with DVLA and the only code for no insurance is IN10, which specifically states "USING a vehicle with no insurance". My point is that at no time did i drive the vehicle or put the keys in the ignition, (it was on a trailer to get there from day 1). How can they put points on my licence for using a vehicle that i didnt drive, do i have any case in this? Getting 6 points on my driving licence is surely only for commiting an offence of driving, i never drove it so i shouldnt get points!! Can anyone help or give more advice on this? Craig

[barry1010]

You have no defence.
"A motor vehicle does not have to be driven to be used; the term 'using' includes a parked or stationary vehicle on a public road, for example during repair."
http://www.motordefenceteam.co.uk/offence-guid e/driving-without-insurance.htm

[loonytunes]

The handbrake could have failed and the vehicle could have collided with another, or even a person. Insurance needed even if the vehicle is parked.

[New Judge]

Both the above answers are perfectly correct.

The offence attracts a minimum of six points and the categorisation codes used by the DVLA is irrelevant.

Magistrates do have the discretion to award no points if there are "special reasons" not to do so. There are none in the situation that you describe.