General Chat

Apologies Eldric you are right: There must have been a summons involved somewhere for it have got to the DVLA.

However, I assure you that in London they DO do mass random checks, particularly of motorbikes, but also vans.
Now frequent ANPR trawls by mobile vans.
Plus the DVLA ones to check of VED on all vehicles, although these seem to have decreased with the advent of ANPR.
In the 15 years I have been doing the suicide run I have been pulled over at least three times.

I know the advice is all well meaning, but I repeat - you cannot get points on your licence unless you have been served with either a summons, appeared at court, been convicted and sentenced - or been given an endorseable fixed penalty notice which has been paid.

As no insurance is not a fixed penalty offence, then there is something you don't know going on here.

Over the years, I've heard this 'random check' thing over and over again. In 32 years, I never once did a random check. I dont know anyone else who did, either. There was always a reason for me to stop someone, without exception. Always. Be it a faulty light, a vehicle defecty, manner of driving, whatever. Always a reason. And no one I knew, me included, ever sat doing computer checks at random. There was always other things to do, given that you have to give a reason and location for each and every vehicle you check.

But, thats just me and many years experience talking :-)

If that was her only offence it sounds as if the police haven't passed the info that they have seen proof of insurance on to the DVLA.
I suggest she gets in touch with the police station where she got the original accusation sorted and ask them to fax the DVLA with the information.

Yes it was a random check..

The DVLA can't take that decision, it has to be the court.

No insurance is six point plus £200 fine.

I had a similar situation in that a credit card payment hadn't been taken to renew my bike insurance and I got stopped on a random check four months later.

I obtained a letter from my insurance company to confirm that it was an administrative error and that they would have covered me if a claim had been made, sent that to the prosecutor's office asking if they still wished to pursue the case.
They declined to prosecute so got my licence back unendorsed.

I find it hard to believe that the police would single her out to do a random PNC check and stop her, without there being another reason.

For her to get points, she would have to send her licence to the local court after being given a fixed penalty notice. Up till when I retired, no insurance wasn't a fixed penalty offence, it was a summons only.

I suspect, then, that there was another offence involved somewhere along the line and you may not be in possession of the full facts, even though it is your daughter.

Edit:

Just checked, no insurance still isnt dealt with by a fixed penalty. If she has points on her licence, she must have been prosecuted for another offence in the interim period. This must have been by means of a fixed penalty or a court appearance. The DVLC can't just send you a letter out of the blue to say you have points all f a sudden, and in any case there is a 6 month statutory limitation on proceedings in summary offences.

My daughter was on her way to collect her small daughter from school about 6 months ago, when she was stopped by police. their in car computer said she wasnt insured. She told them she was, she pays by monthly direct debit. Unbeknown to her her ins comp had made a mistake, their fault, and she wasnt covered even though her payments had been taken. they are based in india, but its a well known english company. They impounded her car, didnt even give her a piece of paper to produce documents etc nor even take her name. She contacted her ins, it was sorted and the day after she collected her car. She showed police proof she was covered and that it was ins companys fault. End of story, until today. She recieved a letter from DVLA to say because she has been driving less than 2 yrs, they have given her full penalty points and as from midnight tonight she can no longer drive untill she takes her test again. She is a community nurse and needs her car for her job.
She hasnt even had the chance to go to court to explain what happened. So when she finishes work today she will have to phone a solicitor to see what can be done. Isnt this a ridiculous state of affairs.