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Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

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Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby filbert » Sun Oct 09, 2011 3:38 am

Appealing against penalty points on driving license. LC20

I received 3 points on my license and a £60.00 fine when I was stopped on my 125cc motorcycle by the Police back in Jan 2011. One of my L plates attached to the rear number plate (the only place it could go) had torn off some how and so I was charged with an LC20 offence (Driving not in accordance with my license) as a result.

I explained to the Police at the time that I hadn't realised the L plate had come off and that I would fix a new one back on asap but the Police officer was having none of it and went on to make an example out of me - Issuing me a fixed penalty fine and 3 points on my license. The fine has now been paid off and the points added to my license.

The problem I'm having now is, I'm about to go for my driving license (car) and I'm looking to insure a 1.9 VW Corrado (I'm nearly 30 and so don't want to drive a 1.2 /1.4 engine car as they are uncomfortable to drive at high speed on the motorway). Due to my previous and unnecessary LC20 driving conviction with the 3 points added to my license, my insurance premiums for insuring any car, not just the VW Corrado are incredibly high now. Not to mention the fact that when I pass my test this December I will be on 2 year probation with 3 points left on my (new) license. One slip up, whether it's my own fault or not, and I lose my license right away! The whole thing's ridiculous. It also doesn't help that 3 years ago I was smashed off my motorbike by a white van man doing an illegal u-turn across 3 lanes of traffic. The accident wasn't my fault but still my insurance premiums are pushed up as a result.

Questions:

As I was convicted of the LC20 offence on my motorbike using a provisional license - Do I have to declare the conviction when insuring car? Are there ways round this so I can reduce the cost of my car insurance?

I was smashed off my motorbike 3 years ago and it wasn't my fault - Do I have to declare this when applying for car insurance aswel?

I wish to appeal against the points on my license - How do I go about doing this?

If anyone can help I'd really appreciate it.

Cheers,

Johnny
filbert
 
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Joined: Thu Mar 31, 2011 10:10 am

Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby acher » Sun Oct 09, 2011 3:46 am

You MUST declare convictions when applying for insurance

I don't see that you have any grounds for appeal (and you are also late in thinking about this). You were not displaying the L-plate. Fact. That's your problem, not the system's
acher
 
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Joined: Thu Mar 31, 2011 4:15 pm

Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby burhdon95 » Sun Oct 09, 2011 3:49 am

Really you have no grounds for an appeal as you did commit the offence, you admitted it when you paid the fine. The points are spent after 3 years. However, 3 points for this particular offence will not affect your insurance quote, thats just down to the insurance group of the car you want and the fact that you don't hold a full licence for it yet. The insurance normally ignores 1 offense even speeding for insurance purposes. After you pass your test you will, as you say, have 3 points on your licence until Jan 2014, but you cannot get any more points unless you commit another offence. This is surely down to you.
As far as the accident goes, if you fail to declare it, have an accident and the insurer finds out about the accident they can refuse to pay on the grounds that you failed to declare something material. If you are caught without insurance (or invalid insurance because you failed to declare) its 6 points on you licence anyway. The insurance form usually asks whether you have had any accidents in the previous 5 years irrespective of fault.
You are going to have to either pay the rate, or get a smaller engined (lower group) car.
burhdon95
 
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Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby gifuhard » Sun Oct 09, 2011 3:52 am

hi Johnny
when you insure a car they ask you if you have had any accidents, any claims, any motoring convictions in the last 3-5 years.
some asking in the last 3 some asking in the last 5.
you could always say no to these questions but if you then go on to have an accident and its your fault your insurance could refuse to pay out leaving you with a bill of thousands.
as for appealing against your points the fact is it is down to you to make sure your bike is safe and legal to drive, just like it is for a bus driver to make sure the bus is safe to drive by checking the tyres and breaks and lights.
sorry you have no grounds for appeal
gifuhard
 
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Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby kangee88 » Sun Oct 09, 2011 4:03 am

tl:dr, but the points are on your licence for an offence that you committed.
You can't appeal it.
kangee88
 
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Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby clay » Sun Oct 09, 2011 4:14 am

Yes you have to declare points.

Yes you have to declare you had a non fault claim.

The points are on your licence and as said once on you can NOT appeal now. Even if you could, the L plate was missing so you have ZERO grounds to appeal.

As for a 1.2 /1.4 car struggling on the motorway, that is rubbish they will cope perfectly fine. You need to buy a lower insurance group car or walk. It is not compulsory you have to drive.
clay
 
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Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby yagil » Sun Oct 09, 2011 4:19 am

Your points were not unnecessary. You cannot appeal now, you should have fought it at the time in Court if you wished to (though the outcome would have been the same and it would have cost you more). Instead, you chose to accept the fixed penalty. The facts were indisputable, you were not displaying the required L plate.

Secondly it is going to cost a fortune to insure the Corrado for a novice driver, no matter what your age, I'm afraid.

Thirdly you must answer any questions the insurers put to you fully and accurately.

Sorry to be blunt, but those are the facts.
yagil
 
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Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby burket » Sun Oct 09, 2011 4:22 am

WOW, that cop must have been in a bad mood to give you 3 points for not having L plates, that's harsh.

you have to let your insurance company know about all point, crashes and smashes.

As for appealing, not sure if you going to get anywhere with it, those points should not affect you're insurance too much, just contact few insurance companys and see what they say, i was done for parking on a zig zag few years ago, got 3 points for it and my insurance company didn't really care about it, premium went up by like £20 only.
burket
 
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Penaulty points on driving license. LC20 plus fine. Missing L Plate on motorcycle. Can I appeal?

Postby leon » Sun Oct 09, 2011 4:31 am

If you appeal against it, the first thing the magistrate would do is ask you to provide cast iron proof that the L plate was on there in the first place. If you think you can provide this, then it is worth appealing. If not, it will be a waste of time as you can't prove that the officer was in the wrong. Having already paid the fine wont help either as if you did have grounds for appeal, most people would appeal before they paid the fine.

It could backfire on you as you could end up paying the court costs. Sorry, but I'm just telling you how the courts will see it.
leon
 
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