points on license

[333kev0]

i bought a car and had it deliverd to my nephews house,it was stored in his drive [off the road as no tax] i got a chap at my door from the police ,no tax or insurance, he had pushed it onto the road to work on it and someone reported it . even though i had never even sat in it i went to court and got a �300 fine and 6 points. its called an in10 which is driving a car with no insurance! this was march 07 i have 5 other policys and each one has went up about �150 a year can i contest this as i was not driving it ??? didnt even know it was in the street

[SeaJayPea]

You'd have to appeal the guilty finding. The only way to do that will be to get legal advice, but you may be out of time. Speak to a solicitor as soon as you can.

[cazzzz1975]

If you are a member of the aa/rac you can free legal advice from them. I would do it asap..

[kempie]

Weren't you supposed to contest the charge during the court appearance?

To clarify one point, IN10 is the offence code for 'Using a vehicle uninsured against third party risks'. "Using" a vehicle includes being parked in an area accessible to the public.

[bednobs]

surely thats at court is for? if you wanted to contest it, why not contest it there?

[bednobs]

reading your question again, are you asking if you can contest the insurance rise?

[sarah_louise]

Why did the chap at the door from the police push it in the road to work on it ? (thats what is says incorrectly I guess)
Who was working on it ?
Sue him.

[jake-the-peg]

This is a contentious area.

As Kempie says the term is using an uninsured vehicle. As to what constitutes use this is more arguable.

I believe there has only been one appeal against this where someone contested that his uninsured vehicle was not "in use" parked outside his house.

The Judge found against him, but in that case there was no MOT either and the judge commented that you had to take into account "the michief intended".

The 2006 Road Safety act should have cleared this up and introduced the requirement for every individual vehicle to be insured in it's own right, but I don't think the Home secretary ever "switched on" that part of the legislation.

So in short I think you might have missed your chance to appeal but even if you haven't the chances are that doing so could be quite complicated and might well cost you a disproportionate amount of money in legal fees.

[Loosehead]

I cannot see how you ever got prosecuted for this. Did you plead not guilty at the original trial? You are the owner/keeper of the vehicle but you where no where near it. If an offence has been committed it's by your nephew.

[333kev0]

i had a lawyer ,he told me it will never get to court, it was a not guilty until i heard my name called ,he poked his head through the waiting room door and said plead guilty.i had no time to do or ask anything .he said to the judge can i ask for the minimum 6 points and fine and that was that.i never saw him again.i phoned him and gave him a hard time ,he said he would send me a letter to give to any insurance company but got nothing

[Loosehead]

So you have no idea of his reasoning? Sounds wrong to me, you knew nothing of the crime at the time and where not even there, I cannot see how you can be prosecuted in such curcumstances.

[333kev0]

i was told by the police that the car is in my name so its my responsibility !

[SeaJayPea]

Go and speak to another solicitor. But do it soon.

[PhilBy]

You pleaded guilty 9 months ago! I do not think you have a snowball in hell chance of contesting anything you have pleaded guilty to. Even though you were not driving the car you were/are still responsible for it (Unless of course it was stolen or taken without your consent) Apart from having no insurance it is also an offence to have no valid tax certificate displayed (If on a public road) and this alone could of meant your car could of been removed and crushed if you then failed to pay back tax + a hefty car removal/storage charge.