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Insurance & Points confusion

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pretzelnut
L Plate Warrior



Joined: 05 Dec 2013
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PostPosted: 20:01 - 05 Dec 2013    Post subject: Insurance & Points confusion Reply with quote

Hi everyone,

I had a car accident back in September, the police decided to issue me with a ticket for careless driving 3 points and £100 fine. It was pretty nasty, I had to be cut free, only me involved, darn pothole. I refused to pay the ticket as they said I was on my phone at the time when I wasn't, along with a lot of other things, so I was wanting to go to court to prove my innocence.

I have heard nothing, nothing regarding the failure to pay the ticket and nothing regarding a court date. I have no idea how long these things usually take.

I have just bought a Suzuki sv650 and its sitting in my garage ready for when I pass my test, but I'm struggling to get my head round the points section on the insurance quote. Also the ticket just says careless driving, but there are so many codes on the drop down list.

Do I have 3 points or don't I. I told the officer as soon as he issued the ticket I would be going to court. He told me to take the 28 days to think about it, lol. Those 28 days have long passed. The officer said he would be notified if I failed to pay and he would then write a report and forward it to the courts.

If I say I have 3 points now, and go to court and win, and the points get removed how does this affect things.

Ive never had points before so its a little confusing.
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Nobby the Bastard
Harley Gaydar



Joined: 16 Aug 2013
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PostPosted: 20:08 - 05 Dec 2013    Post subject: Reply with quote

If you refused the ticket, you wouldn't have points or fine, but you would have a day in court.

If you accepted it (and it sounds like you have as you have it in your possession) you have 3 point and fine.

Does the ticket have a bit on it to complete and send back if you don't wish to accept it and would rather go to court?
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kerr
World Chat Champion



Joined: 08 May 2011
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PostPosted: 20:15 - 05 Dec 2013    Post subject: Reply with quote

If the points are not physically on your licence then you dont have to declare them to your insurer, when they do go on your licence (which they will wiether you fight it or not) thats the time you would inform your insurance.
Go on to the price comparison sites and get quotes for 3 points and without, probably wont be a huge difference.
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pretzelnut
L Plate Warrior



Joined: 05 Dec 2013
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PostPosted: 20:30 - 05 Dec 2013    Post subject: Reply with quote

I refused to accept the ticket.
He left it on the arm of my sofa. Saying I should think about it. I was high as a kite on diazepam to stop the muscle spasms, and wasn't on this planet.

I was informed by the officer who gave me it, that if i wanted to go to court I didn't have to do anything, once the 28 days elapsed he would be notified.

(im in scotland) the laws here and different to the ones I'm used to in england.

Surely I should have received something from the courts by now?
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Nobby the Bastard
Harley Gaydar



Joined: 16 Aug 2013
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PostPosted: 20:46 - 05 Dec 2013    Post subject: Reply with quote

It can take months before the CPS decide to prosecute or not. Contact the police and find out if they have submitted a case to the CPS.

The ticket should have a ref number and the PCs number.
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map
Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 20:49 - 05 Dec 2013    Post subject: Reply with quote

Nobby the chihuahua wrote:
It can take months before the CPS decide to prosecute or not. Contact the police and find out if they have submitted a case to the CPS....

Or let sleeping dogs lie?

If you have not had to send your licence off (and it sounds like you haven't) then no points on licence. Only declare when you need to.
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 21:33 - 05 Dec 2013    Post subject: Reply with quote

Procurator Fiscal up here, not CPS. You know, like in Star Trek.

The police cannot issue you with points or a "fine". You've got no points on your license and have been convicted of nothing. Why you even invited one into your house, I have no idea - that's what drugs do to you. Tut Tut

However.

Read what you're being asked by your potential insurer very carefully. Read any small print, click on any pop-up.

Some of them ask you to disclose any pending prosecutions. Do you have one? I don't know - it might have been No Further Actioned by now.

You could ask Scotplod, for example by filing a Subject Access Request about yourself, but that might just prompt them into actually handing it to the Fiscal.

If it were me, I think on balance I wouldn't disclose it. Right now, you have an expired conditional offer to accept a fixed penalty, and that's it. You don't know if a prosecution is actually pending, and you won't know until and unless you receive a summons.

Your call though.
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suburban myth
Spanner Monkey



Joined: 13 Feb 2013
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PostPosted: 07:58 - 06 Dec 2013    Post subject: Reply with quote

When I recently insured something (can't remember which: bike or car?) they asked if I had any motoring prosecutions pending. Seems to me you don't have at the moment. I believe the officer gets 28 days to submit to CPS and after that, well, how long's a piece of thread but I'd say 6 months for the ball in their court before they make a decider either way. If you haven't heard anything I'd just keep my lid shut until I saw some paperwork. Once you have a NIP then it's time to call the insurers.
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c_dug
Super Spammer



Joined: 04 Sep 2007
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PostPosted: 08:50 - 06 Dec 2013    Post subject: Reply with quote

I'd also go with letting sleeping dogs lie.

To my mind you have no points, or any pending prosecutions. I believe 'arry' is our resident insurance guy, I guess he could shed some light on what kind of thing your insurers would be after, though he'll misty likely just recommend reading the small print Laughing
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mysterious_rider
World Chat Champion



Joined: 11 Sep 2010
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PostPosted: 13:17 - 06 Dec 2013    Post subject: Reply with quote

Personally I'd leave it mate. Let them get back to you.

My friend got 3 points and a fine, and he just said he kept 'losing' the ticket. They never got back to him. Over a year later still nothing. Laughing

Definitely go to court chap. Aslong as you plead your innocence, mention you are experienced as you own a bike too so have to be hyper aware etc etc just blag it. I'm sure they will throw it out as no one else was involved. Thumbs Up
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arry
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Joined: 03 Jan 2009
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PostPosted: 13:26 - 06 Dec 2013    Post subject: Reply with quote

Rogerborg wrote:


Read what you're being asked by your potential insurer very carefully. Read any small print, click on any pop-up.

Some of them ask you to disclose any pending prosecutions.


Exactly that.

Some question sets will ask 'convicted of or charged with' whereas some will just ask 'any motoring convictions or penalty points'.

I'd go with the one that says the latter and declare 'no' because you haven't. The insurer asking the question in such a way is then on a hiding to nothing to suggest you should have disclosed something material because if they wanted to know about it, they should have asked.
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