My Foreign Friend Was Driving

Question:

I received a fixed penalty notice letter through the post for a speeding offence of 36 mph in a 30 mph zone. The letter states a fine of sixty pounds and three points on my licence. Unfortunately, the driver was not me but my x foreign friend who was driving back part of the way home as I was tired and I immediately stopped driving when I noticed I was low in blood sugar due to my diabetes.

Although he was very careful about speed cameras, obviously on the way he must have sped over 30mph via a mobile camera. Unfortunately, when I read the fixed penalty notice, it stated that when I state my friend as the named driver, they will ask for insurance details of which he was not insured. He however does have a full driving licence.

The question I have is if I state that my friend was the named driver, I will not be able to prove insurance details and will therefore face a court appearance, a 5000 pound fine and 6-8 points on my licence.

In 25 years of driving, I have always had a clean record but in x this year, I was caught at 39 mph on a road I had used everyday to get to work at 40 mph for 10 years when it all of a sudden changed to 30 mph. So at the moment I have 3 points on my licence. I am now worried that with this offence I will lose my licence.

If I state I was the driver, then I’ll get 3 points and 60 pounds but are they meticulous at checking photo ID to the photo evidence? I can always state that I couldn’t remember who was driving at that time but then I risk a fine of 1000 pounds. This is my dilemma.

I am really fretting about this as I am one careful driver and feel that I do not deserve losing my licence when others are so manic on the street.

My problem was that I did not include him on my insurance before the journey began but as I stated, my friend took over when I had low blood sugar to get me quickly to a place that sold lucozade glucose drinks and I drove most of the way to x and back to x on that weekend away.

If I call my insurance company now to include my foreign friend on my insurance, will it state when he was added to the policy? Can I get away with this action?

Can you help me ? I have less than two weeks to respond to the fixed penalty notice and don’t know the best way forward.

I would very much appreciate a speedy response.

Many thanks

Paula Says:

I understand your predicament. The police have taken to asking or proof of insurance when people nominate someone from abroad as the driver at the time of the alleged offence. If you cannot prove that he was insured then you will be liable for permitting him to drive whilst uninsured – which carries 6-8 penalty points.

You can defend this matter if you can show that you made it a pre condition of use that he was covered.

Alternatively you could argue special reasons to avoid the points if you can show that you only asked him to take over driving in the context of an emergency.

If you get insurance now the time and date that you purchased the cover will be recorded on the certificate and cannot be back dated so it would not help you avoid being prosecuted.

If you failing to name the driver you will get 6 points and around a £600 fine – so don’t take that approach – you stand a much better chance sticking to the truth and trying to show that you have special reasons on the no insurance matter.

You won’t lose your licence you will get a fine of around £500 and 6 – 8 points.

You can ask to see the photo evidence to see whether or not it is clear from the photo if you are not 100% sure that he was driving at the time.

If you want me to handle this matter for you and make the special reasons argument regarding the permit no insurance then come back to me.