First I am trained as a solicitor, but don't currently hold a practising certificate. My intended specialist areas are PI, clinincal negnigence, housing and advanced criminal. I read with interest some of the legal issues concerned with parking contraventions (or alleged) which did make me smile. Some of the advice given I am familar with including the procedure of issuing charge certificates/ putting in a witness statement to knock down any judgment...only because I got a ticket myself from Westminster City Council...which times out at the end of this month.
I bought a car today from CarGiant and had insurance for seven days from Aviva (and a current MOT) to drive it back to my home. In the back of my mind I know that it is a strict liability offence to drive a motor vehicle on a public highway without displaying a vaild RFL.
The only exception I could find was if the vehicle is displaying "trade plates". I trawled through the relevant legislation....to no avail..I rang Aviva to enquire as to my legal position (total waste of time). I am not a tax doger, am regulated by the SRA...so have to be squeeky clean. I put my best suit on (not jeans) in case I got stopped by a police officer on a bad day...who would not be reasonable.
In the back of my mind....if this goes "pear shaped"...two causes of action...a prima facia case in Neg where CarGiant and Aviva are both joint and severably liable in a civil claim which I could do representing myself. In a criminal suit against me I could "pull in" Aviva for accomplice liability.....which the CPS would not even touch...because of who the co defendant was (Aviva) QC'd up to the hilt....
I didn't get stopped...the car is on private land now.....so everybody got away okay.
My question to Lucy, is by what authority can Aviva issue insurance to drive a car on a public highway without a RFL, save an arrangment with DVLA....a sort of undertaking?
thanks G
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