No Insurance + 6 points

[shah2608]

Dear Esteemed Members,

During all my visa processes till i got my ILR on 10 years basis, this forum has been a guiding beacon for me throughout my journey and for that a Big Thank You to you all.

I am due for my naturalisation on 20th December 2017 as i got my ILR on 20th December 2016. I was so eagerly looking forward to it but seems like my hardships are like never ending story. Today my employer who is 84 year old asked me to drive him to hospital as he had an appointment. His car was insured (Fully comp) under his son's name. I am fully insured on my car (Full comprehensive). His son was not around and he was getting late for his doctor's appointment so i agreed out of politeness as i was under the impression that since i have fully comprehensive insurance on my car so i should be able to drive him. Well, to cut story short, we got stopped by police during spot checking and the officer told me that you are not insured on this car and you will be hearing from court and will need to pay fine and 6 points on your license. I did tell him that i have full comprehensive insurance on my car and the car im driving now to take my boss for hospital is fully insured under his son's name but he said but you are not named driver on this car so you are driving without insurance.

For last 10 years i never had any points on my license, paid my PCN on time and no cautions whatsoever but all went down the drain today and what breaks my heart is i was due for my naturalisation in 3 months time after waiting 10 long years and im so angry with myself for being nice to an old man and was only trying to help him and now i have to pay for my niceness and soft heartiness.

My question is please with very heavy heart

1) How much longer i have to wait now for these 6 points to be taken off my license and for my naturalisation now?

2) Long shot, but do i have any options?

I dont know what else to ask as my mind is blank and the idea of waiting further years to apply for naturalisation doesnt seem to be sinking in especially after waiting 10 long years and being law abiding citizen with no driving convictions record. I wish i refused that 84 old man for any help.

best regards

[shah2608]

anyone?

[thsths]

Well, first of all I would check the facts, because my impression is that you are right and the police is wrong. That would not be the first time.

And then there is the question of your application. Unfortunately, innocent until proven guilty does not apply to foreigners in the UK, as you will know. Unless you did actually have insurance, this could be an issue.

[Wanderer]

Well, first of all I would check the facts, because my impression is that you are right and the police is wrong. That would not be the first time.

And then there is the question of your application. Unfortunately, innocent until proven guilty does not apply to foreigners in the UK, as you will know. Unless you did actually have insurance, this could be an issue.

What a load of old bollocks.

[Casa]

A high number of Insurers no longer permit the driving of someone else's car (DOC) if not a named driver even with their own fully comprehensive insurance and generally require an additional fee to be paid if this cover if required.

Are you under the age of 25?

Have you checked the small print in your motor insurance policy?

[shah2608]

A high number of Insurers no longer permit the driving of someone else's car (DOC) if not a named driver even with their own fully comprehensive insurance and generally require an additional fee to be paid if this cover if required.

Are you under the age of 25?

Have you checked the small print in your motor insurance policy?

Hi Casa. I am 36 and always had comprehensive insurance throughout. I spoke to my insurance company and they said that i am not allowed to drive any other car despite the fact that i am fully comp. They added, they offer 3 types of Comprehensive insurance (first time i have heard of 'Types' in Comprehensive insurance) and the one i bought was the one which doesn't allow me to drive any other vehicle. I told my insurance company that I wish they had cleared that up while i was paying for it as i would have gone for 3rd party only and cheap too. Spoken to motoring law lawyer and he says since i was under the impression that i had fully comprehensive insurance so i do have a strong case but will see when i get my letter from court as i wasn't fined on spot.

Just one question..... Magistrate has discretion not to give points on license but can ban you temporarily from driving. if by any chance court favours me and doesn't give me points but instead bans me temporarily from driving, will that affect my naturalisation application? what are the rules if you don't have points on license but get banned from driving temporarily ?

best regards

[Casa]

A BC application will normally be refused if the date of the Court conviction was within the last 3 years whether you were served with a driving ban or given 6 points on your licence.

[shah2608]

A BC application will normally be refused if the date of the Court conviction was within the last 3 years whether you were served with a driving ban or given 6 points on your licence.

Thanks Casa for your guidance. Much appreciated.

Can't deal with all the stress now to be honest. Its just too much for me especially when i was so close and keeping all my records clear for 10 long years and as a law abiding citizen. I highly regret not migrating to Canada when i graduated from Uni in 2008 with Masters degree like all my friends did. I just give up.

Thanks once again for help.

Best regards

[thsths]

I can feel what you mean. The law was never meant to be used this way, but the current government has reinterpreted it in a way that seems "tough on immigrants", but really does not make a lot of sense.

In any case you have ILR, which is much more important. The points will expire, and everything will be fine in the end.