Just been pulled.

Yikes, so it is the individuals responsibility to make sure the company have made them legal to drive their vehicles? wonder how many actually do (I sure haven't)

[timwilky]

That is why I have a copy of my employers certificate.

Originally Posted by timwilky

My son has just turned up, not happy.

He got pulled in his firms van. He has worked for them as a delivery driver for about 1 month. Turns out they have not added him to the insurance. His boss says he has told the brokers. But they haven't done it.

He has been charged with driving uninsured. But they confirm he is now on the insurance as a result of his boss talking to the insurers etc so was able to drive it away.

his boss is saying he will pay the fine, but 6 points on a drivers licence does well for job prospects. He can argue it in court. but facts are facts. At the point he was stopped he hadn't got cover.

You might want to check with a lawyer on that one since it could potentially double his insurance but I'm pretty(well a little bit anyway) sure that if you can prove your son had a reasonable belief that he was covered (I.E. directly Informed this was the case by his boss..) then he may have a defence.

Can't offer any advice on that one, but I would be hitting the roof. The fine is usually the least of the worries when it comes to these things. I'd be pretty peeved if i was his boss too.

How many people would have the clout to get a copy of the insurance docs from their employer? I know you do Tim, but you are also pretty upfront with your boss and quite senior.

Is the employer getting charged with causing and permitting?

gosh, you know I've never checked either with the places I have ridden for, always taken it as I have been insured...

i think it's a case for a legal professional to step in, might still have to take the 6 points as he WAS driving without insurance BUT might be able to sue the firm for some breach of contract (ie. not insuring him) and compensation for increased insurance costs for <insert how many years points stay on your licence> etc... stress etc...

Originally Posted by timwilky

My son has just turned up, not happy.

He got pulled in his firms van. He has worked for them as a delivery driver for about 1 month. Turns out they have not added him to the insurance. His boss says he has told the brokers. But they haven't done it.

He has been charged with driving uninsured. But they confirm he is now on the insurance as a result of his boss talking to the insurers etc so was able to drive it away.

his boss is saying he will pay the fine, but 6 points on a drivers licence does well for job prospects. He can argue it in court. but facts are facts. At the point he was stopped he hadn't got cover.

Tim,

This might be of interest:
http://www.motordefencelawyers.co.uk...ing-a-mistake/

that's a good find!

i think the key bit here is the "misled in someway to believe that you were insured or there was no way of you knowing that you weren’t insured"

[Red Herring]

Tim, there is only one defence to driving without insurance, and your son may well be able to avail himself of it. Tell him not to pay any ticket but to get legal advice quick.

As long as the vehicle belonged to his boss, he was on the firms business and he had no reason to believe he wasn't insured he should be OK.

[timwilky]

His problem is he is absolutely skint. No work since Christmas and he get a job on the 3 am paper delivery to the shops for 175 quid a week for 3 hours a day, 7 days a week. which really means 4 hours as you have to go back and wait to be unloaded in your own time. So paying a solicitor is going to be hard work for him.

The vehicle belongs to his boss, He had permission to be using it for personal use when he was pulled. TBH, my son who has spent far too much time in my company and is a snob is dismissive of the people he works with saying they are all cash in hand benefit claimants. My son has the reverse problem that having been self employed for a few years is entitled to nothing when he finds there is no longer building work out there. So I am guessing his "employer" who is paying unreceipted cash to my son, is a tad fly.

I have only ever worked for large multinationals and whilst you can assume when you drive their vehicles, you are legit. In recent years my employers as a matter of course have provided me with a copy of the insurance certificate.

My lad, however has learning difficulties. But he has got on with life, but is far too trusting. But he like many (I guess) has assumed because your boss gives you a set of keys and says drive. You are ok to do so.