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No Insurance Penalty Letter. I am insured. Not good enough.


sine
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Ok to summarise:

 

Received a DVLA fine for not being Insured, and not on the database.

 

Checked my documents (they had me worried!) I am still insured! Yay.

Conacted Insurer who assured me I am insured and they would check db to update it.

Sent DVLA my appeal which included photocopy of valid insurance, cover letter and info etc.

 

Received a DVLA Letter saying (this is not verbatim):

"We checked with the insurer and there is no evidence of insurance, pay us"

 

With angry haste, contacted my insurance company who said "let me investigate"

They then got back to me saying that there had been an error on the computer

and that my insurance had been cancelled by accident at christmas time

(I had paid in full for a year) then gave me a new policy number that covered the year,

apologised alot and said that I was insured in that time even though the computer dropped me by accident.

 

Sent a copy of my new insurance cert with policy number

and a note explaining the situation to the DVLA

appeals address.

 

Received a DVLA letter saying:

 

"Your case has been reconsidered in light of this additional evidence.

However you REMAIN LIABLE for the £100 fixed penalty...... The agency will take court action against you."

 

I am still insured...

I have an insurance policy covering 12 months.

I have photocopies of all the letters.

I have audio recordings of all phonecalls with insurers. (old habits die hard)

 

What am I missing ?

 

sine

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You're missing nothing, if you have it in writing from the insurer that you were insured, let dvla take you to court, you will win hands down

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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What is the date they are saying you had no Insurance ? Is this covered by the Insurance certificate you are sending to DVLA ? Is the registration number correct on the Insurance certificate and matches the V5 registration document ?

 

You could ask your Insurance company to send you a letter confirming Insurance, so you can forward to DVLA.

We could do with some help from you.

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The registrations match on all docs. The time they said I was not on the database is inside of the insurance cover!

I can only think that because the Insurance companys computer dropped me from the system that they think

I was actually not insured and I should pay the fine.... which leads me to question, what is insurance?

If I and the insurance company make an agreement for insurance cover, is that not a contract? just becase

an IT glitch at 3am on new years eve kicks me off the system....

Computer says no?

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Just explain to your Insurance company. As it seems to be the Insurers fault, they can issue a letter confirming the Insurance, which can be sent to DVLA.

 

You don't need to pay the fine, but need to confirm the Insurance, hence getting the Insurance company to do this.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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give the letter's to the insurance company, your agreement with the insurance company is to provide you with cover for 1 year, that should include all new regulation's about being on the MID database, they have not withheld there end of the agreement and therefore should pay any fine you get from there action's

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  • 2 months later...

You may not have attended court against D.V.L.A but you might like to know. You can put your case across to the magistrates and ask for costs etc. Do not and i mean do not discuss anything with their legal rep. Apart from theat you are not admitting the offence. Even if the brief pushes you. Tell the magistrates and hang in. Dvla rep will be red in face.

So whats cooking today ?

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