Got private plate- failed to inform insurance provider

[Harrry09]

In short I got a private reg plate in May and never told insurance provider about this. Police stopped me for not having insurance on the new reg and they told me I will get a letter from court.

contacted insurance company and updated the reg but they have refused to back date the insurance start date or even give me an indemnity letter as it is my fault to not inform about the penalty.

I already have 6 points on my licence and if I get this it will be in total 12 points.

questions:
1) can I get the indemnity letter from insurance provider, if yes what should I mention?
2) if I appeal and explain the whole situation will the court let me go free?
3) if I am not successful in the appeal will it be termed as a criminal conviction?

any help is much appreciated

[des8]

1) the Insurance company cannot backdate cover.. it's illegal!
They may, at their discretion, issue a letter of indemnity, but are under no obligation to do so.
If they have already refused you'll have to get beyond the first person who answers the phone and speak (beg and grovel) with an actual underwriter if there is any chance of getting them to change their mind.

2)couldn't possibly comment but islandgirl might have some insight

3) A conviction for driving without insurance will not appear on your criminal record but it will appear as a record on your driving licence.
It will also affect your subsequent insurance premiums

[dslippy]

You are where you are. Try the insurance company again. Emphasise that you had paid the insurance for that particular car.

Consider getting a solicitor to represent you in court. The system for attaching penalty points and for consequential bans does require understanding, and there is some very small wiggle room.

Be sure to get all your paperwork together so the magistrates have no reason to question your story.

[HandyAndy]

The system for attaching penalty points and for consequential bans does require understanding,

It's not that difficult to understand.

If a driver is suspected of committing an offence which will take him to twelve or more points the police will not offer a fixed penalty. No insurance carries a minimum of six points so the OP will not be offered a FP. Instead he will face court action, being informed by way of a "Single Justice Procedure Notice". The police have six months to begin proceedings (12 months in Scotland) and in many areas they take all of that time. Whatever plea the OP enters it will not be dealt with under the SJ procedure as twelve points will see the defendant facing a ban under the "totting up" procedure. The case will be listed for a hearing in the normal Magistrates' Court and the defendant will be invited to attend. If he either pleads guilty or is found guilty following a trial he will be banned for a minimum of six months unless he can convince the court that he or others will face "Exceptional Hardship" in the event he is banned. Here is the Magistrates' guidance when considering such a matter:

When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following:

It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn.

Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence;

Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.

If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account.

Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable;

Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others.

As an aside, it would be unusual for an insurer to refuse indemnity in these circumstances. Their risk is the same and it is more of an administrative error more than a deliberate effort to mislead them. It's worth pursuing this vigorously.

[islandgirl]

All I can add to this explanation is that exceptional hardship is a very very high bar. A solicitor will certainly be needed in court. If you plead not guilty and can produce evidence that the car was insured (from the insurer) all well and good. Otherwise a ban is very likely.