Receiving points? NIP?

vwgtiking

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My GF, I wasn’t with her at the time, was caught driving her car without insurance on 17th may 2016 (apparently insurance company didn’t transfer it from one car to another).

The police seized the car and she got it back the same day. She received a letter on 4th July 2016 titled “Conditional Offer (endorsable)” and to pay the fine online https://penaltynotice.direct.gov.uk within 28 days of the letter.

She went to pay the fine using the Notice Number, Offence Date and Offence Code on this letter. However, it came back up with an error “Payment cannot be taken against this notice, please contact the Police Central Ticket Office, the details of which are on the Fixed Penalty Notice.”

She said she called the contact number on the letter to explain she can’t pay due to the above error and they simply advised to try again in a couple weeks. A couple of weeks passed and same error. Due to work etc and simply forgetting about it (trust me she is forgetful), she never got round to calling them again and finding out why etc. However, she has not had any further correspondence from the police or the courts, a year on? NO NIP either.

Anyway, her insurance is due and she told me all of the above, and I was confused to why they haven’t chased her for payment or summoned her to court etc for the 6 points. I asked to view the letter she had received and upon reading the “Conditional Offer” letter, I noticed the vehicle reg was wrong. They had written a “2” instead of a “Z”. Is this the reason why there is an error when trying to pay and why no further action has been taken?

Should I, or she, call the contact number on the letter to investigate? Or has she manage to escape the fine and 6 pointS? Or is there a time limit to pay otherwise its automatically closed?

I am baffled and not sure what to advise her. What should she tell her insurance company, she has already told them she has this possible 6 points but yet to receive them. As maybe no need to add them as it will bring down her renewal.

TIA
 
I would go with the fact its a error with the reg that has cause this to happen if it been a year i would just forget about.

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Don't initiate any contact, leave it as is and your girlfriend can count herself lucky. In fact it was the insurers fault in the first place for not transferring the cover, it's not as if she was driving without insurance as many do.


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She wants to be the Good Samaritan and call them but am unsure on best course of action. To confirm she should have had something from the courts by now summoning her?
 
She wants to be the Good Samaritan and call them but am unsure on best course of action. To confirm she should have had something from the courts by now summoning her?

She would have had a letter after the initial 28 days had passed warning of a heavier fine if not paid. I've been the Good Samaritan a few times and it does you no favours at all.


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It's a bit weird, because although the reg was wrong, she still received the letter at her address (is that correct?). Or is that because she gave the correct address when she was stopped?

EDIT: or perhaps the insurance company intervened as they may have realised it was their fault and therefore the offence is no longer valid and therefore there is no fine to pay? I hope that is the case.
 
It's a bit weird, because although the reg was wrong, she still received the letter at her address (is that correct?). Or is that because she gave the correct address when she was stopped?

EDIT: or perhaps the insurance company intervened as they may have realised it was their fault and therefore the offence is no longer valid and therefore there is no fine to pay? I hope that is the case.

Let sleeping dogs lie is the best expression I can think of as advice.


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So, first thing first, she can check her driver record online to see if she has any points. If she has none then for whatever reason the offence wasn't continued.

If she does have the points on her licence, then someone is looking for her in respect of financial penalties sp she's better of dealing with it than waiting for bailiffs to come and seize goods (and for non payment of Court fines they can force entry) or someone coming to arrest her.

It's not the end of the world though and she can rectify the situation by swearing what is known as a statutory declaration.

Do the online check first and I can suggest what to do next regarding the statutory declaration and what is known as 'special reasons'.

Also, ignore what everyone says about about 'don't contact the Court'. The police have six months to 'lay the information' at a Court. If this slipped through the fixed penalty/police net, then thereis nothing they can do about it.
 
So, first thing first, she can check her driver record online to see if she has any points. If she has none then for whatever reason the offence wasn't continued.

If she does have the points on her licence, then someone is looking for her in respect of financial penalties sp she's better of dealing with it than waiting for bailiffs to come and seize goods (and for non payment of Court fines they can force entry) or someone coming to arrest her.

It's not the end of the world though and she can rectify the situation by swearing what is known as a statutory declaration.

Do the online check first and I can suggest what to do next regarding the statutory declaration and what is known as 'special reasons'.

Also, ignore what everyone says about about 'don't contact the Court'. The police have six months to 'lay the information' at a Court. If this slipped through the fixed penalty/police net, then thereis nothing they can do about it.


You're totally missing the point, the fact that the car WAS insured, it was the insurer who hadn't transferred the insurance from one car to another.
 
You're totally missing the point, the fact that the car WAS insured, it was the insurer who hadn't transferred the insurance from one car to another.
Exactly what calum has said it's not your problem it's was the insurance company at fault as far as your girlfriend or whoever is concerned she was insured at the time the letter must have been sent before they figured it out hence why they never chased it up.
 
The original post says "(apparently insurance company didn’t transfer it from one car to another)." It's entirely not her fault but the fact remains she was not insured on the vehicle she was driving.

If she checks her licence and there are no points on it then there is no problem. Regardless of whether she was insured or not, the police/fixed penalty office/Court can do nothing and she can forget about it.

If she checks her licence and there are points on it, she does have a problem. The insurance company might have made a mistake, the dog might have chewed the summons, god might have personally come down from heaven and changed the number plate on the vehicle. On hearing the case the Court will have known nothing about dog or god and simply proceeded in her absence imposing a fine and points. That's totally unfair you might say. I agree, that's why there is a safety valve against this kind of situation called the statutory declaration process. She would attend Court and swear she knew nothing about the Court hearing.

This would have the effect of wiping proceedings as if they never happened, however, proceedings would then restart straight away and a Court would take a plea. Very briefly, she would either say it was insured and plead not guilty where it would go to trial and she would need to prove she was insured. Or she would plead guilty but then tell the Court it was the insurance company mistake. The court would then hear a special reasons argument, whereby the Court could decide not to impose any points as although she wasn't insured, it was not her fault.

More than likely the insurance company would hold their hands up and provide an indemnity letter for her to bring to Court which would provide a defence. No insurance reads along the lines of not having insurance or 'such a security against third party risks'. An indemnity would provide 'such a security'.
 
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