driving with no insurance

[domsdos]

I got pulled over by the police and informed that my cars registration had come back as having no insurance. The bank had taken a direct debit out on the wrong date and as such the payment didn't go out. My insurance company cancelled the policy immediately and did not inform me. needless to say i was livid. The policeman (who was very sympathetic) said that it's "an absolute offence" and as such no excuses or mitigating circumstances can be taken into consideration. Is this true? Also is it a fixed penalty offence?

[Yorkie580]

http://www.theanswerbank.co.uk/Law/Question382 753.html

As the previous answer states, this is an absolute offence - either you did it or didn't - but the court does have some leeway in sentencing. A fixed penalty notice can be given but you have to accept the �200.00 and six points which in this case doesn't sound like the best option.

Definitely take legal advice. There should be a duty solicitor at the court although it'd probably be better to take advice before.

From the police point of view there is a duty to report it - if nothing else, if you had had an accidentg and it becaem apparent that the officer had stopped you and hadn't acted (there's always a computer trail with any checks done) then there would have been comeback.

The officer would have been sympathetic. It's rare to find someone who has no insurance through no fault of their own (as in your case). Usually it's becasue they can't be bbothered, don't see why they should follow the law, don't see why they should act responsibly etc. Rant over.

Good luck.

[domsdos]

cheers yorkie, i'm definitely going to take some legal advice on this.

[joko]

if the bank and the DD was completely th ebanks fault and they have made an error then you may be able to claim the cash back from them, but if it was just an oversight on your part you can't

[johnny37]

Not clear how this could have happened. Incorrect date? The DD must have been instigated by the insurance company so how was it not paid? The bank could have bounced it if funds not available. The best way to avoid this is to have an overdraft facility. Not sure whether the insurance company have an obligation to warn you of non-payment of premium before cancellation.

[seatrout]

The insurance company are obliged to tell you of the failed debit and to warn you that the policy may be cancelled if not paid. It is a criminal offence to retain a policy that has been cancelled which is why they warn you.

Magistrates (and prosecutors ) are very familiar with this excuse so dont expect much sympathy and be prepared to prove what you say

[Hammer]

Banks don't pay out Direct Debits, the insurance company claims them. By that, I mean that the Insurance Co controls amounts, dates etc and the bank just let them have the money when they ask.

Ask your bank if and when the money was claimed and if they had any cause to reject the claim.

If they didn't claim the funds, you probably have good grounds for a complaint. It is, however, your ultimate responsibility to make sure it gets paid even if you do have the DD set up although I agree that they should have informed you before cancelling so that you could make other arrangements.

[covm80]

can you tell who your insurance provider was please???