Can i appeal a driving ban if i didnt know i wasnt insured?
My girlfriend car had a bussiness insurance policy where any one with a full uk lisence could drive it, she went on holiday to with her mother, who then changed the policy because she didnt know i was driving it, i had no notification of the change and because we do not live together, when the insurance certificate came through the post i was non the wiser, i ended up getting stopped by the police for having a headlight out, they then ran there checks to find that the only people insured on the car was my girlfriend and her mother due to the change of policy, im 19 and the cost of insurance is bad enough but now with 6 point on my lisence and a ban because of not having it for more than two years means i wont beable to get a decent quote intull im about 30, do you think i have a good enough case to have the ban lifted and the driving offence, and if so how would i go about making an appeal?
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Hello Mike
you can appeal but it is unlikely that you will be successful although you do have mitigating circumstances the point is at the time you did not have insurance to drive the car. The fact that your insurance premiums will increase due to the conviction will have no bearing on the case. If you do appeal get statement from gf mom who changed the policy, as it was due to that act which caused you this problem. If the notification that arrived was in your gf name only then you couldn't have opened it as it was addressed to her. Worst case scenario is you'll end up with addition court costs to pay, there is no change in the conviction or reduction in points/fine no harm in trying to appeal but i would strongly urge you to get advice from a solicitor. you can search for one with CLA http://www.direct.gov.uk/en/Dl1/Directories/Useful...
Appeals should be made in writing to the magistrates court (include case number). explain what mitigating circumstances you have an the impact the conviction has had on you. Get statement from gf mom why she took you off policy and they were on holiday at the time it happened?.and attach evidence of insurance with you on and after you were taken off. There are time limits involved in appealing these cases 21 days from date of conviction, get advice asap.
see Appealing - if you disagree with a magistrates' court verdict http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/... for procedure
Good Luck
No chance of an appeal there. Ignorance is not an excuse. You should not be driving a car unless you are 100% sure you are insured. The onus is on the driver to make sure their paperwork is correct. Otherwise, every tom, dick and harry would claim ignorance when they were stopped.
It is entirely the drivers responsibility to ensure they have the necessary insurance.
In this case you have absolutely NO chance of getting the ban overturned.
Why on earth should you have been informed when the insurance was changed. It was none of your business.
No. The only defence is for an employee driving his employers vehicle and had no reason to believe it wasn't insured. If you don't fall into all those categories, too bad.
No there is nothing you can do as it's your sole responsibility to ensure you are suitable covered by insurance. Sorry you should have been told of the changes.
No grounds for appeal here. It is the drivers responsibility that all the necessary documentation is in order. Sorry.