Police and Insurance

[Rob law]

I flew back into thr UK Sunday at Heathrow and as usual my wife was picking me up in the merc.

I phoned her to see where she was and she told me she was at the parking in a police car arrested for having no insurance.

The car was also going to be impounded at 150 pound plus 20 per day.

The police gave her a fixed 6 point penalty and. 300 pound fine.

My insurance is with M&S and automatically renewed, the day before she was stopped, but the insurer has seven days to up date the police data. We now have the trouble of trying to sort out, we have been told we must attend court to sort out, which may be a problem as my wife has major surgery this week.

Anyone else had this problem being fined when the car was all legal and advise would be helpful

 

[drmw]

I am not a lawyer, but as the problem lies between the police (computer) and the insurance company (computer) and you are and have been insured 100% of the time then you have no case to answer.

You don't say who told you you "must" attend court but I presume it was the authorities.

I suggest you get onto the insurers and ask them who they are going to send along to court to represent you as you are unable for personal reasons to attend and any implied default is completely between them and the PNC.

I would also write to the appropriate chief constable and demand an explanation and apology for the excess zeal and lack of common sense

 

[rich599]

Sounds odd usually if it is not showing on the computer the police phone the insurance company to make sure that there hasn't been a clerical error,such as this

 

[redbaron1973]

Something doesnt add up here.

You dont get "arrested" for no insurance. You get the vehicle taken off the road.

 

[KennyN]

Do you not have a bank statement showing it has been paid prior to you being stopped , meaning you are insured and the fault lies in the communication between the ins company and the PNC

Kenny

 

[kth286]

the MID database is usually updated overnight.

perhaps M&S is just a broker and the actual insurance is with another company.

 

[television]

It has been on here before that some companies can take 7 days to update their systems, but the Police usually ring the company and ask, if the was an error on behalf of the insurance company surely there is no case.

 

[mannikon]

I experienced something similar years ago (maybe fifteen years ago?). Had insurance through the AA and for some reason I cannot recall, the AA could only issue me with temporary, 30 day, cover notes even though I had paid the full premium. Sod's law, on a routine stop and check I was given a "producer" to bring my insurance to my local police station. When I got home I realised that the AA had missed one of the temporary cover notes so I had nothing to show for the date when I was stopped. I obtained a letter from the AA which explained their clerical error and the reasons for the temporary cover notes and took everything to the station but they decided they had to take it to court anyway. It was only on the day of the court hearing that I managed to get a letter from the insurance company itself to bring to court and the court had a quick read of everything, were satisfied that everything was in order and dismissed the case. Awful headache though so you have my sympathies but so long as you have done the right thing and can show what you've done and that you were insured even if it has to co to court you will be OK.

 

[epervier]

My cynical take on this type of "zeal" by plod is, they will do everything in their power to raise tax, erm, fines, yet again it's the motoring public that's an easy cash cow for them.

When you get robbed of your possessions they are all too quick to issue you with a crime number, so you can deal with your insurers, but seem almost unsympathetic to your theft by the scrotes in our society, unless you've been assaulted in the robbery.

 

[speedtriple]

It happened to me a couple of years ago. Car impounded, had to pay fees to get it released. Went to court and was told this happens often, the case was thrown out and I received no penalty points but if I wanted my impound fees returning I would have to take up the issue with my insurance company for reimbursement.

The system stinks.

 

[Daeths]

It has been on here before that some companies can take 7 days to update their systems, but the Police usually ring the company and ask, if the was an error on behalf of the insurance company surely there is no case.

This is correct. The police should have rung the insurance company to verify your story, if they did not, they acted improperly. if they did and they said you were not covered when you were, insurers acted improperly.

Either way, on the basis you do have current and continuous insurance the financials should be waived/paid by insurers and court appearance rescinded.

Get the facts and the chronology, in writing.

 

[shaggy]

if they have given her 6 points and a fine at roadside then there should be no need to go to court should there as she has been taken care of roadside??

 

[L John]

if they have given her 6 points and a fine at roadside then there should be no need to go to court should there as she has been taken care of roadside??

She isn't accepting the points and fine as she was insured, it just wasn't showing on the police computer.

We now have the trouble of trying to sort out, we have been told we must attend court to sort out

 

[Gary Hanson]

Automatically renewed ! Did the insurance company or broker send out a certificate in advance of the old certificate running out ? If not, they are breaking the law because motor insurance has to be evidenced in writing, hence the issuing of certificates. There's really no excuse for them not to have sent you a new certificate well in advance of the renewal date, so you would at least have had a paper certificate to show old bill if they should happen to ask. As a result of their failure to put your vehicle on the MID, you have been inconvenienced and it has cost you money. The insurer should pay for this. You could sue the insurer for the costs you've incurred as a result of their breach of contract and negligence. If it was me, I certainly would.

Once you have documentary evidence that your car was insured, you could write to the police authority concerned, enclosing a copy of it, and invite them to withdraw the summons. Point out that if they don't, you reserve the right to refer your letter to the court on the question of costs.

A friend of mine had a similar situation a couple of years ago. He's a mechanic and MOT examiner, and was on the way to the garage with a customer's car which wasn't on the MID. He had an insurance certificate with him, but the traffic plod that pulled him over didn't believe the cerfiticate he produced actually covered the car he was in, so he was summonsed to attend court.
He completed the part of the form to say he intended to plead not guilty, and also enclosed a letter from his employer, confirming he was in fact on company business and was insured to drive the car etc. He eventually got a letter back saying no further action was being taken.

 

[Xtractorfan]

Have you checked with your insurance company that the car was covered and that your wife was entitled to drive the car.. You need to establish this before taking any action.
The other points made about the police phoning the insurance company.. it was on a sunday so the insurance company or broker would not have been available.

 

[aycee]

Did they impound the car?