Single Justice Procedural notice

[andymaxit]

Hi all,
I recently did a test drive of a car and unfortunately was caught speeding. I accepted responsibility of offense and awaited the statutory 3 points and fine.
Instead I have been served a Procedural notice for the speeding AND "Use a motor vehicle on a road/public place without third party insurance".
The motor dealer did put trade plates inside windscreen and has assured me they are insured. Also I have fully comp insurance which covers me to drive any vehicle.
What are my next steps? Please advise.

[GoodOldBoy]

Go to court and plead guilty to the speeding but not guilty to the insurance charge. Get a copy of the trader's insurance and produce it in evidence along with your own insurance. When you win remember to ask for costs.

[islandgirl]

Agree with the above but costs from whom? Usually the speeding motorist pays the hearing costs (£85). In this case I would not award them. It would be entirely unfair for these to be paid by the driver I agree. I would also get a letter from the dealer explaining that he was insured and told you he was. You should then get the points and standard fine alone for the actual offence (well you would in my court if your account is correct!).

[des8]

I would also take along your own insurance certificate showing DOC cover.

That dealer broke the regulations over displaying the trade plates, so perhaps his insurance isn't quite what he thinks it is.
Driving without insurance is a strict liability offence, to which the only defence is driving in the course of your employment and your employer was responsible for insuring you and that you genuinely believed that there was proper insurance in place.
A letter from the dealer, without proof that his insurance covered you, might not be enough (obviously islandgirl is a very sympathetic magistrate)

[islandgirl]

No I agree DES8 - you need proof that a) you were covered on own policy and b) dealers insurance cert which was in place at the time. As you say it is a strict liability offence. Just saying the insurance was in place is not enough - I am not that sympathetic! If you were not covered (even if you thought you were) you are guilty as charged.

[Aged William]

That dealer broke the regulations over displaying the trade plates

Hmm. I'm not sure about that. Dealers are permitted to display trade plates for "demonstration purposes" (among other things), and due to lockdown the requirement for the dealer to accompany the prospective buyer has been suspended.

[GoodOldBoy]

Let's break this down. There are four elements here:

1. The trade plates.
2. The speeding.
3. The dealer's motor insurance.
4. Your own (driving other cars) insurance.

1, The trade plates are not relevant as they have no bearing on the insurance - they are only a substitute for road tax.

2. You already accept you are guilry of speeding so all you can do is plead guilty.

3. Motor traders 'should' register the cars they buy on the Motor Insurance Database (MID) and remove them when the cars are disposed of. As the police are prosecuting you for no insurance you can assume the car was not on the MID at the time you drove it. Depending on the conditions of the motor trader's insurance, it may or may not still be covered by his policy (some policies allow the dealer 7 days to put the car on the MID). You need to determine this with the dealer. It is in his interests to prove the car was insured or he will risk a charge of permitting the use of an uninsured vehicle.

4. Check your own insurance cover on driving cars not belonging to you (or hired to you under an HP agreement). Many (but not all) policies these days specify that this cover only applies if the car you are driving is insured under a different policy.

If you determine the car was insured take proof of this to the court and plead not guilty. If it transpires the car was not insured plead guilty but offer the full story to the court in mitigation of the offence and hope for some leniency.
Personally I would get a (maybe duty) solicitor involved to offer the mitigation on my behalf.

I widh you much luck, please let us know how it pans out.

[des8]

Agree GoodOldBoy and thanks for a more in depth explanation.

I only mentioned that as the trader did not comply with the trade plate regulations (not displayed properly) he might also be a bit slipshod over his insurance so OP needed to check the position.

[islandgirl]

I also agree except that duty will not normally deal with this kind of offence in my experience. Better to take your own solicitor if you think you need it. There is also the issue of any existing points - if the no insurance points make 12 (if guilty) then a 6 month ban is almost inevitable.

[GoodOldBoy]

Thanks for that Islandgirl.