Will Be Receiving 6 points + £300 fine, IN10

[N3m35151l]

Hi All,

firstly thank you for providing this resource to the public.

I was pulled over today due to brake lights not working. I had taken my car to the garage, not for an MOT, but to have something else fixed on it a week earlier. I guess I assumed they would have picked this up, but anyhow, I had no clue they were not working, and it must have been a recent failure.

The officers then asked about my insurance. I was adamant I had valid insurance but on closer inspection, I realised because I had missed 2 payments, the policy was cancelled.

Weirdly enough, earlier that day I paid, what I believed to be, was the remainder of my policy balance. The reason I say this is because I have missed payments in the past, and they have sometimes asked me when paying, if I would like to pay the remainder of the balance. When double checking this evening, I realised the policy was cancelled and what I had paid earlier today was just the two outstanding months. (Money has been very tight for me these past few months).

I had been sent a letter about this, but it was missed by myself unfortunately. No ones fault but my own.

The officers were cordial because so was I, and they did not give me a citation for the rear brake lights. However, they seized my car.

I have not yet received the dreaded letter, but I am assuming I will be given 6 points, and a fine of £300. I have 5 years no claims, and no other road offences, let alone criminal offences.

I have also read up if you appeal the points, and are found guilty, you will be given more points, an unlimited fine to pay court fees, and could also be banned from driving.

However, I have also read appealing may be worth while if the driver was legitimately unaware their insurance had run out. I genuinely believed I was insured. In a bit of an unfortunate situation here. Just bad luck on my end I guess.

My question is, is this worth appealing? I have checked insurance prices if I had 6 points, and it will QUADRUPLE, making driving impossible for me going forward.

Thanks

[PallasAthena]

Tagging islandgirl HandyAndy

[HandyAndy]

However, I have also read appealing may be worth while if the driver was legitimately unaware their insurance had run out.

But you were not "legitimately unaware". You had been made aware by your insurers but you failed to act on it (by not opening the letter, or whatever you failed to do). Even if you had not received the letter at all you would still not have a defence against driving uninsured. It is your responsibility to make sure the payments are made, not the insurer's responsibility to remind you and chase you up.

There is nothing for you to appeal at this stage. The police will offer you a fixed penalty (£300 and six points, as you say). But that is not like a parking ticket that you can appeal to an adjudicator. It is the opportunity to deal with the matter without prosecution. If you do not accept that offer you will be prosecuted in court where you face a criminal charge. There is absolutely no chance of the court finding you not guilty. If you are found guilty following a trial you will face a fine of at least £300, possibly more depending on your income. You will also pay a surcharge of 40% of the fine and prosecution costs of around £600. You will also receive six points as that is the minimum the court must impose.