No car insurance

[Melv1n]

Re: No car insurance

Des8- yeah, it is what it is. I'm dissapointed and feel crap about it. I should've done more looking back on it. If anything, it's a lesson learned, and that if anyone out there gets into a similar situation either seek legal advice or just understand that you can go to the police station at any point to prove you are insured because they are the ones prosecuting. As soon as they know you were insured they will drop the case and you will not have to go to court. I would have found out the letter might not have been enough and gone back to the insurance company where they would've helped me further and insisted that I made sure the police got through. I guess we all work with people who don't care much about fulfilling their job role and some of these people work as police. As it all happened on the day (due to me not knowing what happens in a subject I have little information on) it all went wrong very quickly.

I really hope that people in a similar situation get to read this and manage to find justice they deserve.

[charitynjw]

Re: No car insurance

http://swarb.co.uk/director-of-publi...phrys-hl-1977/

Would this help?

[Openlaw15]

Re: No car insurance

Des8- yeah, it is what it is. I'm dissapointed and feel crap about it. I should've done more looking back on it. If anything, it's a lesson learned, and that if anyone out there gets into a similar situation either seek legal advice or just understand that you can go to the police station at any point to prove you are insured because they are the ones prosecuting. As soon as they know you were insured they will drop the case and you will not have to go to court. I would have found out the letter might not have been enough and gone back to the insurance company where they would've helped me further and insisted that I made sure the police got through. I guess we all work with people who don't care much about fulfilling their job role and some of these people work as police. As it all happened on the day (due to me not knowing what happens in a subject I have little information on) it all went wrong very quickly.

I really hope that people in a similar situation get to read this and manage to find justice they deserve.

It is disgraceful that just through bureaucracy and you saying the word 'guilty' when asked to state your plea that there is seemingly nothing that can be done about it now except a rather expensive route by way of a Crown Court appeal. Criminal law is about an apparently moral society judging others from their moral view of what society ought to be, according to them in any event. This moral, out of touch with the average person, society - no less - will morally view a plea of guilt as guilt indefinitely whether the facts are true or not, as in their obscured or ignorant views miscarriage of justices are rare. According to another legal commentator, Hart, I believe, it's a though a theatre and actors playing their parts to preserve their morals. A stolen truck that was driven by a teenager (it transpired) hit a policeman, but before it even got to a criminal trial the term 'murder' was being used by the media and the police as though it were in fact murder. Do you see what I mean now about the moral society, it matters not how serious the crime it's theatre and the actors preserving the moral fabric.

[Openlaw15]

Re: No car insurance

Hello,
I was pulled over last February for having no insurance. I had paid online in full but as it happened there was a cyber space mix up and funds were paid but no policy was issued. My insurance company addmitted completely it was their fault and issued me a letter of indemnity but couldn't give me a certificate of insurance as there was no policy. I questioned this with them and they said the letter of indemnity is all I needed and if there are any problems they can ring them which it states on the letter itself. I had my first hearing and after entering the court room they said that I had to go to the police station with my letter and they will check the details and give me a sealed envelope to bring back which I did. I then got back to the hearing and my letter wasn't recognised as proof by the police. They quietly said the police tried to ring the number on the letter but got no answer. So my letter of indemnity was just useless. I was then heavily leaned on to plead guilty as they kept saying I had no proof and the fees will be a lot more if I go to trial so I pleaded guilty. I found out that was a wrong decision as I spoke to the insurance company and they said it's the first time that the letter of indemnity has been refused and that they can confirm that I was insured on the NIB. They told me that I need to persuade the court to re open the case so I can go to trial. I can not afford any of these court fees especially as there's no telling if they will re open the case.
How can my letter of indemnity not be proof because the police didn't get through to the unnderwriters using the number on the letter of indemnity. If I had known they tried to call but didn't get through when I was at the police station I would've insisted it was important (which they obviously know anyway). Could I have made the police ring until they got through? How do I know they even made the call??
How is this justice? I have paid thousands of pounds in extra insurance just to get my car back from the compound, now I have 6 points and fees and now 4 years of stupid insurance costs.... because a website didnt operate properly. Is that my fault???

This is urgent

There has been a new update to Criminal Procedure Rules. It is an October 2015 update. Good news: You can make a statutory declaration normally within 21 days after the trial (hearing), with the result that you can have a new trial. It appears there are exception too in that you can extend the 21 days. A statutory declaration is a legal defence to a fixed penalty where it was beyond your control. It means (I think), that you can show up at a Magistrates' Court and complete a statutory declaration form and which if accepted as a defence, will start a new hearing. I believe if your hearing goes in your favour it will cancel your penalty points and fine. Please respond asap!

[Melv1n]

Re: No car insurance

Hi Openlaw15,

Sorry, I've only just seen this. I just did a quick google search and didn't find any information on how to go about this. Would you advise that i get a solicitor to organise this or is it possible to go about it myself?

Thank you for your help. Ive been really surprised with how helpful everyone has been.

[Openlaw15]

Re: No car insurance

Hi Openlaw15,

Sorry, I've only just seen this. I just did a quick google search and didn't find any information on how to go about this. Would you advise that i get a solicitor to organise this or is it possible to go about it myself?

Thank you for your help. Ive been really surprised with how helpful everyone has been.

hey again

Contact the fines officer at the Magistrates that gave you the fixed penalty and say you wish to make a post hearing statutory declaration, I believe it's Criminal Procedure Rules Part 37: 11. You have 21 days after to put it in under the normal rules. If it outside the 21 days it needs a different form. When was the date of final hearing/ penalty points/ fixed penalty fine?

[Melv1n]

Re: No car insurance

I have just had a chance to have a better look. I will need to speak to a solicitor to help me with this. I have a little bit of money which is savings for a house which I'm sure this will gobble up. I still don't understand how I'm in this situation. Its stressing me out just thinking about it again. how do i have to pay out all this money for this problem? do you know if i have a case to claim any money back from the insurance company? When i spoke to a solicitor last, he insisted that i will lose my license even though i found out from the DVLA that my 2 year probation period under the new drivers act was completed over 10 years ago when i passed my full bike license. obviously, he narrowed in on my fear of losing my driving license and tried to use that to persuade me to get help.

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thanks for your reply,

the date of the hearing was 12/02/2016. i have since paid the fine but haven't heard anything about my points.

does it matter if i have paid the fine already?

[Openlaw15]

Re: No car insurance

Hi Openlaw15,

Sorry, I've only just seen this. I just did a quick google search and didn't find any information on how to go about this. Would you advise that i get a solicitor to organise this or is it possible to go about it myself?

Thank you for your help. Ive been really surprised with how helpful everyone has been.

a crim lawyer should have told you this instead of frightening you with an expensive criminal appeal. You can do this yourself ...save your money.

[Melv1n]

Re: No car insurance

sorry for all the questions. haha

- - - Updated - - -

its ok, ill contact the fines people. thanks for your help. ill let you know on how i get on. cheers

[Openlaw15]

Re: No car insurance

sorry for all the questions. haha

- - - Updated - - -

its ok, ill contact the fines people. thanks for your help. ill let you know on how i get on. cheers

Melv1n, am so sorry this doesn't apply to you on your facts. It applies where you didn't know there was a case being heard at the magistrates, ie where you hear afterwards. I also did not notice where you said 'last February, ' ie a year ago. I don't even know if you can appeal to the Crown Court now as it's been so long, even if it were affordable. It sounds like you won't get legal aid either. I am gutted for ya mate, I was trying my best to help you. i studied criminal law but I didn't realise how inferior the system is at Magistrate's level. The Magistrates should have power to stop things like this from happening. I have researched the best I can for you, too. Shame you didn't pop in before or during the Magistrates, as you could have retracted your 'guilty' plea and submitted a legal declaration. How pathetic our legal system is!