You are reading a single comment by @VanUden and its replies. Click here to read the full conversation.
  • I had the intermediate trial for my case of driving without insurance last Friday. Unfortunately the procurator fiscal intends to go to full trial on May 14th. My brief says I still have a strong case with two distinct lines of defence. One is that the the 2 PC's spoke to 'somebody' in a call centre at the Motor Insurers Bureau who advised that I didn't have commuting on my insurance policy is hearsay and inadmissible

    The second is the definition of commuting - regular travel to and from a place of work - if I can satisfy the judge that it was a one off journey on that vehicle I may get off it

    I'm preparing for a fine and 6 points, plus costs though

    Did you tell either of the PCs that it was a one off trip? Did you have a genuine reason why it was a one off trip? Can you prove that it was a one off trip? For example if you normally use your Oyster on public transport to commute you can get a record of the last three months of travel via TFL. You'll need to prove it if it is the case and if you are telling the truth and can prove it you might be OK.

    These points will be important using the second line of defence.

    I'd be wary of the first line, as if you don't have commuting on your insurance (which from what you said before I don't believe you have) this would be the first question of any Magistrate. Regardless of whether or not the PCs got the name and contact details of whomever they spoke to in order to check. This is simply legal 'box-ticking' - especially if you don't actually have commuting on your insurance.

About

Avatar for VanUden @VanUden started