Did you ask your insurer if this is the case?essentially I should be covered with my insurance with my driving extension
My lay understanding is that you 'owned' the car, even if it wasn't registered in your name
If you want to challenge it, you'll need engagement with your insurer to understand whether or not you were covered - i.e. if you had had an accident, would they have covered you?
We're into the muddy waters of registered ownership vs. beneficial ownership. Having a car registered in your name does not automatically mean it is your property - it does not instill beneficial ownership on you.
Paying for a car means you are the beneficial owner, it is your property therefore to use it in a public place, drive it on the road, you must have insurance on that specific vehicle. The car was yours beneficially the day the Guard stopped you and you had not transferred your insurance. You were not insured to drive it on that day.
IANAL.
Hi seebin
You had an insurance policy in force on the day you were stopped. That is good but not enough.
Did you still have the other car which was covered by the insurance or had you traded it in? If you had only one car and one insurance policy, while it would be wrong, I think that the judge would exercise discretion.
I think that you should appear in court and tell the story honestly.
Tell the judge that while you did actually own the car, the garage had not actually transferred it. The judge might use that as an excuse to let you off.
I think you are better off going to the court yourself without a solicitor. Speak directly to the judge and I think that they will see that you are an honest citizen who made an honest mistake.
Brendan
The key question is , would the insurance company cover a crash you had that day. Have you asked them ?
ImmaterialThe dealer would need too send the log book off which takes about 7days.the car will still be in the old owners name.
Absolutely. But a bit late now.You should of changed the reg on your insurance policy which can be done over the phone.
Ownership changes as soon as all monies due have been paid.The dealer does not change ownership online
Yes, he owns it.Did the original poster have an insurable interest in the car, when they were stopped?
I'm pretty sure they would have, they do it all the time.Would the insurance consent have provided cover, pending the registration being updated to reflect the new ownership - keeping in mind, that it could take a few days?
Absolutely not as this would indicate that the OP knowingly drove it without a valid insurance policy, which is the whole crux of his defence:-but if the insurer were to indicate that they would not have given you a policy on that car, before registration, it would be worthwhile mentioning this.
What I should have done was transfer the car into my policy on the day when I bought it.
So obviously it was my fault for not understanding my policy and I accept that.
I'm not the best speaker so I'll probably get my solicitor to represent me
It's an advantage in not being the best speaker.
You will come across as genuine.
I have seen it time and time again in the possession courts , the people who show up and speak directly to the judge or registrar get on much better.
If you had some major legal point to argue, then I would recommend professional representation, but as this is just a "Sorry judge, I misunderstood the cover" , you are much better off going there yourself.
If you can, go to a hearing a week or two in advance to see how it works out.
Brendan
The old adage, 'that he who represents himself, has a fool for a client'
I would be on the opposite side of the fence from Brendan on the above.
Many a guard has told me, over the years, that for numerous reasons you are way better having a solicitor represent you in a district court, by doing so, you show that you are treating the matter as important, showing respect to the court and, not least, boosting the judges ego.
The old adage, 'that he who represents himself, has a fool for a client' is not founded without reason. You would not believe the amount of people who have unwittingly talked themselves into a conviction.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?