Caught driving uninsured

[mango456]

I was recently caught parking my partners car for which i do not insurance for, as it was 1 am and i was moving the car litterally 20 meters i thought i would have no problems but i was unlucky enough to get stopped in the short distance. They seized the vehicle ( i got it back the very next day) and told me to expect a court summons. No sob stories here i was fully in the wrong. But i was wondering why i wasnt offered the fixed penalty and the points on my license? Or will i get this option when i receive the summons or when i go to court?
Any replies from someone who has the knowlegde or has been in a similar position would be greatly appreciated.
Please dont waste yours or my time with "you get what you deserve" etc as i`m already kickin myself for being a fool.
Thanks

[Goodsoulette]

Maybe Im being cynical but a fixed penalty would be 200 quid and 6 points. In court it could be up to 8 points and 5 grand. They probably thought you could get them a bigger fine or maybe they thought becuase of the short distance you could dispute it, my cousin did similar was moving my aunts car to the garage round the corner becuase it had been sprayed by vandals the night before and she was sick and unable to do it. He was a mechanic and needed a clean license so they banned him for 5 days, no points.

[Toureman]

The police catch uninsured drivers all the time, the excuse you gave is probably one they have heard hundreds of times.

I'm not blaming you, you were just unlucky.

[NORMANTHEDOG]

fixed penalties do not apply to driving uninsured as it carries more points and heavier fines.

[kempie]

As from 1 June 2003, �driving a motor vehicle while uninsured against third party risks� became a fixed penalty offence.

It is at the discretion of the police officer dealing with any offence as to whether issuing an FPN (if applicable), in this case �200 and 6 points, is the correct course of action.

[mango456]

thank you for your comments, so it looks like the short of it is that i`m facing the big fine and 6-8 points.....the most expensive night in ive ever had, i certainly wont do it again thats for sure.

[Panic Button]

I presume you have checked that your own insurance doesn't give you third party insurance to drive any vehicle? Many policies do, and if so you have a get out of jail card.

[tigwig]

I agree with panicbutton, are you insured yourself fully comp? because if you are you are more than likely to be covered but unfortunately from what you have said you aren't. all I can say is good luck and I hope you don't get stung badly by this. In my opinion it is the law gone crazy, my future brother in law has no license etc and drives every day but never gets caught and yet it is innocent people like yourself who get made an example of. I do hope it isn't the case for you. good luck

[Ethel]

Most fully comp policies USED to cover you to drive any vehicle not belonging to you with the owner's consent, but this has become the exception rather than the rule.

And where they do insure for other vehicles there is often a get out clause - in an emergency. Which is about as wooly worded as it gets.

Many many motorists are being caught out believing they are covered to drive other vehicles when they are not.

[mango456]

Unfortunatly for me it wasnt finacially feasable for us to have 2 cars so i sold mine as my girlfriend needs hers for her job ( you can imagine the look on her face when i came back at 1:30 am and told her it had been seized)so i cancelled my insurance policy.
When she went to pay the release fee at the police station in the morning they interviewed her and i think there trying to create a charge of taking without consent aswell.
I guess i`m just gonna have to take it on the chin i`ll plead guilty explain the circumstances and hope for some leniency regarding the fine, i`m not too worried about the points as my license is currently clean anyway.
I`ll be sure to post the outcome on here anyway for anyone who finds themselves in a similar situaton.
Thanks agan for your comments

[kempie]

If you are not charged with TWOC your partner is left open to the charge of "permitting the use of a motor vehicle with no insurance" which carries the same maximum penalties as "driving a motor vehicle with no insurance".

Curiously, after the introduction of the �200 Fixed Penalty in 2003 it was found that in England & Wales the average court fine handed down during 2004 was �169, a figure lower than the FP (although Derbyshire was harshest with �367).

http://www.publications.parliament.uk/pa/cm200 607/cmhansrd/cm070416/text/70416w0098.htm

[jake-the-peg]

Creaking open the old magistrates bench book I find the recommended fine for driving without insurance is a level B which roughly corresponds to a weeks take home wages.


So an average of �169 would imply an average salary of about �12K by my numbers. It's fair to assume that a disproportionate number of offenders are below the average income for this offence so I guess that's about right.

Maybe Derbyshire has more higher earners?

[mango456]

Still no word from the boys in blue yet almost 2 weeks after the incident..........i wish they wouldnt drag it out

[joko]

so you had a car and have a licence, but you intentionally left yourself with no legal access to a vehicle, despite there being a car there for you to share...?

why would you sell your car, as your family could only support one - but not get put on her insurance, so you could drive hers...?

[mango456]

Result - �105 to release the car, �150 fine, �50 costs and 6 points.