Section 144A(1) Road Traffic Act 1988

[TrevorLazaro1992]

I would appreciate some guidance and clarity if possible on the above issue:
I received a notification of a £100 fine for not having any insurance on my vehicle in Feb '15 or so the DVLA claimed. The fact is I was actually insured by Tesco Bank on Class 1 insurance but they had failed somehow to inform the MIB. I had purchased a Jaguar on its registration 10 plate in the previous March but allocated my private plate to the vehicle having removed it from a BMW and re-assigned it to my new Jaguar. DVLA had handled all the paperwork and issued a validation and registration plate authority for the new car. I am not 100% sure if I had informed my insurers of the reg change or not as I was going through some issues following the death of my wife.
I believe that I am potentially guilty of not informing my insurers but was adequately insured at the time on the vehicle with the correct VIN number etc. DVLA have been sent all the relevant documentation to clarify the situation from both myself and my insurer but have now issued a summons to appear in court to answer the charge relating to the above traffic act.

Any advice would be appreciated.

[mystery1]

Re: Section 144A(1) Road Traffic Act 1988

[F1144AOffence of keeping vehicle which does not meet insurance requirements


(1)If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.
(2)For the purposes of this section a vehicle meets the insurance requirements if—
(a)it is covered by a such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and
(b)either of the following conditions is satisfied.
(3)The first condition is that the policy or security, or the certificate of insurance or security which relates to it, identifies the vehicle by its registration mark as a vehicle which is covered by the policy or security.
(4)The second condition is that the vehicle is covered by the policy or security because—
(a)the policy or security covers any vehicle, or any vehicle of a particular description, the owner of which is a person named in the policy or security or in the certificate of insurance or security which relates to it, and
(b)the vehicle is owned by that person.
(5)For the purposes of this section a vehicle is covered by a policy of insurance or security if the policy of insurance or security is in force in relation to the use of the vehicle.]

Contact the insurance company and get it in writing that they had you insured. Forward a copy of it to the crown and hope it's not a jumped up prick running the case.

M1

[TrevorLazaro1992]

Re: Section 144A(1) Road Traffic Act 1988

Thanks, all relevant paperwork has been sent to DVLA but they are still trying to prosecute, is it worthwhile attending court and pleading not guiltyin person with paperwork in hand??

[mystery1]

Re: Section 144A(1) Road Traffic Act 1988

If the insurance company say you were covered then it doesn't matter what the DVLA say or do. The CPS are the ones who will prosecute so you want them to see sense or you'll have to beat them at trial. It appears you haven't committed a crime.

http://www.inbrief.co.uk/court-proce...-procedure.htm

M1

[TrevorLazaro1992]

Re: Section 144A(1) Road Traffic Act 1988

Thanks again, is this the same if the reg number with the insurance company was incorrect??
Original Number was R10CDG and then changed via DVLA to T100TSL (my private plate)??
Trev

[des8]

Re: Section 144A(1) Road Traffic Act 1988

If you omitted to report the change of number to the insurance company, contact them now and advise them of the change and ask for a letter of indemnity along the lines of :" We confirm that on dd/mm/yy we would have provided an indemnity to Mr XXX in respect of liability, which is compulsorily insurable under the Road Traffic Acts in respect of the use of motor vehicle <make & number> registration number XXXXX., formerly registration number XXXX

You will have to move fast, speak to someone with some authority and explain the problem. (and be nice to them )

[mystery1]

Re: Section 144A(1) Road Traffic Act 1988

Thanks again, is this the same if the reg number with the insurance company was incorrect??
Original Number was R10CDG and then changed via DVLA to T100TSL (my private plate)??
Trev

The registration is not relevant.

As Des says, ask the insurance company if they consider that you were covered. If they say yes then nothing else matters (except pointing it out to the cps/courts)

M1