Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
No Insurance / MOT Certificate Defence Solicitors
It is an offence to use a motor vehicle on a road or other public place where the driver is not covered by, at the least, third party insurance.
It is also an offence for a person to cause or permit any person to use a vehicle without such insurance.
Each of these offences attracts a maximum penalty of a fine of £5,000, the endorsement of 6 and 8 penalty points on your licence or even a disqualification from driving.
You can be fined up to £1000 for driving a vehicle without a valid MOT.
The offence of driving with no insurance is termed ‘a strict liability offence.’
You were either covered by insurance or you were not when driving the vehicle and, basically, you are required to ensure that you are properly insured before commencing any journey, and casual excuses for not being insured will not be accepted.
The only defences to a charge are proving that:
- you were covered by a valid insurance policy or
- you were driving a vehicle that did not belong to you in the course of your employment, you did not know you were not insured and could not have been expected to do so.
Avoidance of Penalty Points | Special Reasons
It may be possible to convince the Court not to impose penalty points on the grounds of a special reason, such as, for example, if you can show that at the time of driving you held a genuine and honest belief that you were insured and that it was reasonable for you to believe that.
One such reason may be, for example, that an insurance company may have cancelled your policy without notifying you.
Any such argument will not be accepted lightly and in the pursuit of your contention, it is likely that you and any other relevant witness would have to attend a court hearing and give evidence to the Court.
EU Citizens who plan to live, work, or study in the UK are able to apply under the EEA Regulations 2016 or the EU Settlement Scheme in order to protect their rights throughout the transition period until 30th June 2021. If the UK leaves the EU without a deal, the...
The Private Prosecutors’ Association has recently published a code for Private Prosecutors ‘to provide a benchmark in the conduct of private prosecutions.’ Kangs Solicitors has previously commented upon the emergence of private prosecutions and for further...
In his recent article, posted to this site on 1st August 2019 we commented on the criticism that HMRC had received arising from the low level of criminal prosecutions that had been pursued. Tim Thompson of Kangs Solicitors now comments upon press reports that four...
Further to his article which appeared on this website on July 30th 2019 Tim Thompson of Kangs Solicitors reports upon a further Unexplained Wealth Order(‘UWO’) obtained by the National Crime Agency (‘NCA’). The Background | Kangs NCA Defence Solicitors The NCA...
Following the submission of detailed representations to West Midlands Police, they have decided not to disclose information on our client’s Enhanced Disclosure and Barring Service (‘DBS’) Certificate. Background | Kangs Solicitors | Challenging DBS Certificates Kangs...
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street, City of London
London, EC4Y 0DR
020 7936 6396
Pall Mall Court 61-67 King Street
Manchester, M2 4PD