Fixed Penalty No Insurance

[Joffels1]

I am writing due to the fact that my application for naturalisation was send in this week. I then got caught yesterday by the police for driving without insurance.

I am in bit predicement as I am really serious about making an appeal but dont know what to do. I have valid grounds as I can PROOF that I tried to pay my insurance on the 24th when I was on holiday. For some reason the transaction never went through but I did go online to process the insurance quote. I was under the assumption that it was approved hense I used the vehicle. I arrived back on Tuesday and was caught on Thursday. My application for naturalisation was send in on Thursday as well.

On top of this I was also fully comprehensive insured on another vehcile and was 3rd party insured to drive the vehicle but was still penalised for the fact that the car was without insurance.

My issue is what to do next?
1 - Do I have to inform the Homeoffice and then stand the risk of having to wait 3 years and also losing my £1000 application fees?
2 - Do I not mention anything and stand the risk of a 10 year ban on any applications?
3 - Do I appeal and should I win I get the passport and no points?
4 - Should I accept the fpn and take the points and will there be any change for me to still get the passport with my current application?

[akhurshid]

I am writing due to the fact that my application for naturalisation was send in this week. I then got caught yesterday by the police for driving without insurance.

I am in bit predicement as I am really serious about making an appeal but dont know what to do. I have valid grounds as I can PROOF that I tried to pay my insurance on the 24th when I was on holiday. For some reason the transaction never went through but I did go online to process the insurance quote. I was under the assumption that it was approved hense I used the vehicle. I arrived back on Tuesday and was caught on Thursday. My application for naturalisation was send in on Thursday as well.

On top of this I was also fully comprehensive insured on another vehcile and was 3rd party insured to drive the vehicle but was still penalised for the fact that the car was without insurance.

My issue is what to do next?
1 - Do I have to inform the Homeoffice and then stand the risk of having to wait 3 years and also losing my £1000 application fees?
2 - Do I not mention anything and stand the risk of a 10 year ban on any applications?
3 - Do I appeal and should I win I get the passport and no points?
4 - Should I accept the fpn and take the points and will there be any change for me to still get the passport with my current application?

I dont think you'll win this appeal due to the fact you returned on Tuesday and caught on Thursday which is enough to make sure insurance is in order. When a transaction is successful, you receive your policy documents usually by email. Even by post you should have received the documents at the time of your return. If you didn't, you should have checked. Keeping your car insured is your responsibility.
As for having fully comprehensive insurance on another car, read the certificate carefully which will say that you are only allowed to drive if the other car has insurance.

I would advise you to consult a lawyer and take legal advice.
You definitely need to tell HO else you will face 10 years ban and there is no doubt about it.
If you dont accept fpn, your application will not be decided until this matter is settled.

Seek legal advice before proceeding.

[badratio]

Relax.

3.2 Fixed Penalty Notices, Penalty Charge Notices & Penalty Notices for Disorder
Fixed Penalty Notices, Penalty Charge Notices and Penalty Notices for Disorder are imposed by the Police or other authorised enforcement officers for traffic rule violations, environmental and civil violations. It is a way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court. Receiving one does not form part of a person’s criminal record as there is no admission of guilt.
The decision maker will not consider these unless the person has:
a. failed to pay and there were criminal proceedings as a result; or
b. received numerous fixed penalty notices which would suggest a pattern of behaviour that calls into question their character.
Where a fixed penalty notice or fiscal fine has been referred to a court due to non- payment or the notice has been unsuccessfully challenged by the person in court, the decision maker will consider this as a conviction and assessed in line with the new sentence imposed.

Source: https://www.gov.uk/government/uploads/s ... ersion.pdf

[Joffels1]

Thank you for your replies. So badratio do I inform homeoffice about this then and not appeal and accept the 6 points? (Bit harsh if I was insured though with my other policy)

Akurahd - If I pay the Fpn then will that not be treated as. Bad character tick? From what I understand from badratio I should be alright but I will end up with 6 points. Sorry for asking over and over but I havr to be sure I understand you both correctly

[WR1]

Thank you for your replies. So badratio do I inform homeoffice about this then and not appeal and accept the 6 points? (Bit harsh if I was insured though with my other policy)

Akurahd - If I pay the Fpn then will that not be treated as. Bad character tick? From what I understand from badratio I should be alright but I will end up with 6 points. Sorry for asking over and over but I havr to be sure I understand you both correctly

This is more on the advice for insurance and not how if will affect the BC. I know this is a forum for immigration matters but I'd like to advice on matters related if its any help to the OP, even if it is off topic.

I don't think you will stand a chance of succeeding in the appeal. Proofing you tried to pay for insurance is not the same as being insured. Its up to the driver to check all the requirements (Tax, MOT, Insurance etc.) are in place. Ignorance is not an excuse.

Furthermore, if you had insurance on another vehicle, you will usually find that in order to drive other vehicles on third party, then those vehicles must have its own insurance policy in place. So for example, I am insured on my own vehicle and I wanted to drive my friend's vehicle. Then in order to drive it as a third party on my policy, my friend must have insurance in place for his own car. If he is not insured, then my policy will not cover me to drive his car. This is mostly the case for most insurers but you will have to check the exact wording in your insurance policy documents.

In future, use this website to see if your vehicle is insured:

http://ownvehicle.askmid.com/

My opinion, better to take the fine and points rather than appeal. Hope the information is of help.

[Wanderer]

On top of this I was also fully comprehensive insured on another vehcile and was 3rd party insured to drive the vehicle but was still penalised for the fact that the car was without insurance.

Judgment is correct, even if insured to drive any car, the other car has be covered by an insurance policy too.

[akhurshid]

Akurahd - If I pay the Fpn then will that not be treated as. Bad character tick? From what I understand from badratio I should be alright but I will end up with 6 points. Sorry for asking over and over but I havr to be sure I understand you both correctly

I think the best option would be to take the FPN and inform HO and explain everything that transaction didn't go through. You may get your approval if it's the only FPN you had in last 12 months. Not insured while driving is little bit more serious than other minor convictions.

That is what I would have done if I were in that situation.

May be Gurus can shed some more light on what should you do...