Motoring case : Driving without insurance – failed direct debits. Special Reasons argument succeeds

Our client in this case faced two charges of driving without insurance on the 8^th of February 2011 and the 29^th of March 2011.

He had taken out an online insurance policy for his vehicle with Budget insurance.

When he was stopped by the police on the 8^th of February 2011, he explained to the police that he had full insurance and was asked to provide his documents within seven days.  The following day he contacted his insurance company and they said there had been a problem with setting up the direct debit payments and that the bank had stopped the direct debit.  Due to problems at client’s address he had not received the post and therefore he was technically driving with no insurance.  He explained the position over the phone to Budget insurance and they agreed to reinstate his direct debit payments and he made a one-off payment to them to cover the last period.  However, they stated that he was not insured for the incident on the 8^th of February.

Client was stopped again by the police on the 29^th of March and was asked to produce his documents.  He again explained to the police that he was insured and it had cost him a lot to reinsure last time.  He contacted his insurance company on the spot who explained that they had received a direct debit from him this time but by the time they’d come to process it the deadline for setting up the policy had expired and therefore the policy again had been suspended.  He again paid a significant sum of money over the phone to reinstate the policy but the insurance company would not cover him for the 29^th of March.  Again, due to him not receiving post at his address client had not received the letter sent out by the insurance company informing him that the policy had been suspended (letter dated the 7^th of March 2011).

We attended with client at Carmarthen Magistrates’ Court on the 14^th of September 2011, when he pleaded guilty to both charges of driving with no insurance and the matter was adjourned for a special reasons argument and listed at Aberystwyth Magistrates’ Court on the 18^th of November 2011.

In this case, client was potentially facing the imposition of twelve penalty points for two instances of driving without insurance and therefore was liable to lose his licence under the totting-up procedure.

This matter was of upmost importance to client, as he lived in a rural and remote area and required his vehicle for work purposes and without it would inevitably lose his job and this would have significant financial consequences for him.

At court on the 18^th of November 2011, we successfully argued special reasons in terms of the second instance of driving without insurance, as client had specifically contacted the insurance company and made the payment on the 8^th of February and there was documentary evidence from his bank confirming this.  Furthermore, client gave evidence on oath confirming that he had not received any of the correspondence from the insurance company, and following retiring to consider the position the magistrates found special reasons and only six penalty points were imposed on client’s licence for the first instance on the 8^th of February as it was accepted that client was under a duty to check his bank accounts between November and February and if he had done so he would have been aware that the direct debit monies had not been taken out.

This was an excellent result for client, as it ensured the retention of his licence, which was of upmost importance to him.