Cognitive thought Brian Fog - being prosecuted by CPS for no Car Insurance

[mumjoyful]

I am being prosecuted by the CPS for driving without insurance, although I did have insurance but it was for the wrong car!
I had used a compare website and amended my cars details to get the qoutes when the details where transferred to the New Insurance company, I thought I double checked that the car registration and colour of the car were correct.
I was stopped a month later by the police for having no insurance, when I finally was able to access my insurance details it turned out I had insured my old car which I had sold a year earlier by mistake...
I had totally forgot to down load the insurance documents to double check as my husband had road tax the car and the government web site had said the car was insured...
I just cant understand how I could have made this mistake.
I have been to the doctor as it has left me confused and depressed. She immediately atrovastatin which are known to cause problems with Cognitive thought...she is not willing to entertain that it could be also menopause related...
I feel that I need to put my case forward in court but have been advised by a friend that there is nothing the court can do and I'm going to receive 6 points on my license.
I cant afford solicitor and have been left feeling depressed and just don't want to go through this..
just wondered if anyone else has been through this..

Sorry I can't help but as another brain fogged person I am off to check my insurance details immediately. Good luck.

I worry about this often these days. I've started forgetting some important things and worry I'll do the same as you 💐 .

My mum once got fined for having no road tax a few years ago as she had moved and forgot to change her address. She was / is quite anxious and has concentration issues. I know you know you fucked up and it must be scary! Do you feel like you have this brain forlg effecting other areas of your life?

yes..leaving keys in door, instead of locking it...forgetting appointments, mixing up kids ages,...I have reminders on phone, a white board. I have been known to look at reminder and think not relevant and then miss appointment. I have just turned 50, doctor thinks I'm too young for a check at memory clinic its really scary as feel I have baby brain again!

If you make too much of the brain fog, it might raise questions as to whether you should even be driving.

It's only at the Magistrate's Court. There will be a duty solicitor on to advise you. He might speak for you or you can address the magistrates yourself.

Is there any chance that you had third party insurance for you to drive a different car? Just clutching at straws here!! But I understand your issues about Atorvastatin - I was having the same issues having recently started statins on GPs advice. But was also on other medication which 'could' cause memory and cognitive issues. It was so bad - that I was sent for a CT Scan to ensure nothing sinister was going on after cancer treatment six years ago.
Thankfully everything was normal - but I've weaned myself off one of my meds and have not restarted Atorvastatin and don't intend to either! The other med is cancer related and I still have to take that for another four years so won't be stopping that. But statins do have bad side effects for some people and it's so irritating that some GP's just pooh pooh such worries!

Thae car you’re driving has to be insured for 3rd party insurance to be valid

Duty solicitor won’t be able to assist for a no insurance charge.
Are you sure it’s the CPS prosecuting you and not the police themselves using the Single Justice Procedure? If it is SJP, you can plead guilty by post/online and avoid attending court in person

Hi OP. It's what's known as a strict liability offence meaning that there's no requirement to prove that you knowingly didn't have insurance. The prosecution simply have to show that you didn't have it.

Just take the points and fine. You won’t win in court it’s strict liability.

Google ‘letter of intent’ and contact the insurance company you'd taken out the policy with mistakenly (on your old car). If you’d both thought you’d entered a valid contract, they may write a letter of intent for you to pass on to the police (who may well then drop charges). Similar thing happened to a friend who’d typed the wrong reg number into a comparison site by mistake. Good luck x

There's no legal defence for this one though. As per a PP, it's a strict liability offence which means there nothing you can bring to the table to get off the charges.

You can bring things like this up for mitigation in sentencing, however if you're worried about cognitive function as a result of medication, there's a risk the court will ask if you are safe to be driving at all.... One to discuss with a solicitor maybe? I'd want to take legal advice before raising something like that in court.

I'm slightly surprised the officer reported you for summons rather than give you a fixed penalty notice (FPN / ticket) at the side of the road. What happened when they stopped you?

True - but it’s not really in the public interest for the CPS to pursue this if the insurance company do issue a letter of intent so they may well drop proceedings on that basis.