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help with appealing a motability cancellation of contract

We have just been informed that motability are cancelling my wifes contract for her car

Id rather not go into the details of why too deeply but they’re cancelling because even though its my wifes vehicle when she changed it two years ago she was not driving and was sure she’d never want or feel well enough to drive so was not added to documents

So forward to earlier this and i had gone from being a fit hard working lorry driver and dad with hobbies and an over excitable collie to a guy who could lose the bottom of his left leg due artery disease

My wife used the car a couple of times to collect prescriptions and the fateful sunny sunday afternoon to get milk ( we live in a village with one shop who wont open on sundays ) from a garage 4 miles away . On the way home she clipped the curb and blew a tyre ( no other car no one else involved ) car is not movable ( no spare how is this progress ) no phone so cant get help from me or rac car blocking one lane . Nobody stops to help someone does phone police who roll up about 40 mins later cause someones moaned about the car ( polices words not mine )

Long story short she ( as we now know ) turns out not to be insured .

we know we broke the terms and conditions and hold our hands upto that

Motability operations ( company ) have said we can appeal to the motabilty ( charity ) in the hope that they will allow her to remain on scheme as they (company ) only it run for the ( charity )

The stress is making my wife very ill as we live 8 miles from the nearset supermarket secondry school and of course quacks and drug store

Can anyone please help as im a bit lost at what to really say to them

many thanks

Martin

Sorry to sound harsh. Your wife broke the law, not just terms and conditions, What if she had injured, or killed someone ?

Rules are there for a reason.

You’re lucky she isn’t being prosecuted, or is she ? The police usually don’t take this lightly.

I have been hit " twice" by uninsured drivers, it causes no end of worry,heartache, and hassle

Lynn

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Hi Martin, I am sure your wife realises what she did was wrong and you definitely don’t need lectures or dressing down from anyone on here to compound your problem. I have always found the Motability charity very understanding when approached. I had a problem a couple of years ago, the details of which I will keep to myself for fear of getting my wrist slapped on here. Once I explained the problem and the effect not having the car would have on my life, they were very understanding. My advice would be to accept your wife made a mistake, set out your case for the detrimental effect removing the car would have, and make an undertaking this will not happen again. Of course adding her to the insurance will do that.

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oh heck.

its a mess but i agree with lynn-you (and wife) were in the wrong so maybe time to face the consequenences? i suspect that if u defend ur actions u will end up in bigger trouble. not just legally but mentally it will not be good for either of you.

take care of each other…

ellie

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My reply wasn’t meant as a lecture or a dressing down.

It’s probably what Motability will be saying, or at least thinking.

The car could have quite easily flipped over and caused mayhem. If we all drove our cars without insurance the roads would be a terrifying place to be.

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My comment was not meant as a rebuke to anyone, more of a personal observation. If that upset anyone then I apologise. Martin already accepted his wife behaved improperly and I just thought there is no need to go over it again. He asked for advice, not judgement

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Being an ex police officers wife I could /should have said more… I mean, what I have typed will more than likely be said to her by Motability

Motability see driving without insurance as wreckless. Don’t you think they will “go over it” with the lady in question?

I’m can’t / wont offer a sympathy card… Sorry

Should also mention… RSA may not accept the lady on a policy now.

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As others have pointed out driving without insurance is a serious traffic offence, and I think it would only have taken a phone call to put your wife on the insurance before she got behind the wheel. The motoring offence is complete as is the breach of terms of the contract with Motability. Have Motability already taken the car back? If not I suppose you could try a grovelling apology to them, but they may not be able or willing to bend the rules for you.

I think this would be a very difficult one to appeal, given that you (or more strictly, your wife) were so very clearly in the wrong - and know it.

Although ignorance is no defence, all you can do is insist your wife’s oversight was accidental, and she would never have done such a thing had she known (which she now does). And emphasise how much she really depends on the car (but that might be tricky, if she had earlier concluded she would never use it, to the extent she didn’t bother completing the paperwork).

Thinking about it more laterally, you say you could lose part of a leg due to artery disease. I wonder if your condition is serious enough that you might qualify for a motability car in your own right - as you are not the one who has broken any terms and conditions.

This would NOT be something to raise at the appeal - you’d have to apply the same way as everybody else, and the incident with your wife shouldn’t have anything to do with it. It’s just a possibility, as I honestly think Motability will consider driving without insurance such a serious breach that it’s not a risk they can accept. I am sure that after this fright, you would not let it happen again, but they may well take the view (which I don’t think is unjustified) that once is too many, and they just can’t afford to take the risk.

Tina

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I’m not sure of costs etc but perhaps you need to accept that Motability will not change their stance on this and look at using the mobility money on privately leasing a car or even buying one on finance.

Jan x

I don’t think he was asking for a sympathy card, only advice. I am sure he has already been rebuked by Motability and didn’t need any more on here. As for being an ex police officers wife meaning you should have said more I don’t quite see how that follows. Bit like a Traffic Wardens wife feeling she should give you a ticket if your permit has expired and she happens to pass whilst out for a stroll. I am not condoning what they did but would like to point out again he was seeking advice. He had already been advised they had done wrong. I am more than sure we are not all paragons of virtue.

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Hi Martin, I’ve had a similar experience and like hopeful, won’t go into details as I don’t need a ticking off… Appeal to mobility dude. The person who’s liaising with you about this at the moment can give you the correct contact details of who you need to address your appeal to. Get your wife to put it in writing, clearly stating the detrimental effect losing the mobility scheme will have on her life and obviously her assurances that this won’t ever happen again as she will be down as a named driver on the insurance (whether she actually drives or not). From my own experience with this I found them to be really quite understanding & helpful, once all the facts were known to them about why it had happened. They’ll do that with your case, then make a decision on whether she can remain on the scheme. I’m not saying it happens all the time but don’t feel like you’re the first, you most definately are not. Nor will you be the last either. It’s a worrying and stressful situation for you both, I know how I felt at the time. Appeal to them and apologise… Profusely… Then apologise some more and hope… All the best to you both

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I see things like this through the eyes of a police officer… Much like Motability will, and have in the past.

Traffic wardens… What a silly comment. We are talking about breaking the law here, not minor parking offences.

I have heard all the horrific stories about drivers Who think it’s ok to to throw a ton of metal around without thinking about the consequences. Be it a lady going to get some milk or a 17 year old Going to pick up a friend for a razz well! There’s No difference really.

Ok my advice…

Motability are doing what they see fit. Yes you can appeal, they might change their minds…they might not. As I said earlier, RSA may not even allow your wife on a policy anyway.

The way they will look at it… That was a BIG mistake. Can we trust this lady with £ 20,000 worth of car.

I would say… Use the DLA money and purchase a car, or use taxis.

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Re the silly comment, I agree as it was a mirror of the comment you put in earlier about being an ex police mans wife. My point was it does not give you any more right to denigrate someone through association. Yip, she broke the law. I.e she made a mistake. None of us know this lady but some of us think ourselves qualified to judge her. That has already been done once and it certainly does not help her to revisit the issue with another judgement. We will never agree on this. I tend not to look at things in black and white, would make it a bit difficult to believe in a benign god if I did, given what he has done to us who seek help, understanding and advice on here. And those are the three words I believe this site was set up to accommodate. Over the years we seem to have added judgement to that.

Gary

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Never mind the blame game, lets take a pragmatic approach to this.

Did the police issue a “notice of intended prosecution”, or actually write your wife out a ticket for this offence?
If not, I think that they have three weeks to do so (but I stand to be corrected on this).
Then, if no ticket, then there is no legal reason why she should not get insurance.
From this, there is now one very good ground for an appeal to Motability.

If they did, then all bets are off. It means shopping round the insurance companies.

From personal experience, one of the best ways to own/run a car is to buy an “ex-demo” car from a main dealer. Often this is the company car used by a member of staff, and changed when between 6 and 18 months old. Go for a Kia or a Hyundai and there will be years of warranty left. Unless you do a high mileage, all you are looking at is an annual service. The only problem with this is getting an automatic version (not so easy, but means a lot of looking around).

Geoff

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You are right we will Never agree. But I am entitled to my opinion.

You tend not to look at things in black and White ! Insurance is black and white… To stay “legal” you need car insurance “end of”

You mentioned paragon of virtue. I have Never broken the law… Have you ? I may not always do the right thing, but Always keep on the right side of the law.

. You turned my honest comments into a bickering match.

As for this site being for understanding and advice… YES I will agree with you there. But there is another forum for this sort of problem, it’s called peipoo

​Im not going to bother reading anymore, it’s pointless when the person has one view only " their own "

Rules are rules. All actions have consequences… Live with them. That’s my advice

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Thanks for all the replys

This was a stupid oversight by us at an extremely stressful time for us , my normally robust health had failed with no warning , we were in the process of being hounded to the point of eviction by one of our mortage companys while being in the process of mortage rescue , my child was being extremely bullied at school . But none of these is meant to be an excuse .

Im not looking for forgiveneness WE KNOW it was a stupid mistake .I have owned cars for over thirty years and never has one of them touched the road with out all the legal documents before this . I used to run a small fleet of lorrys ,vans and cars and never has one of them hit the road without all documents tyres lights and the 101 other neccessities

I’ll put the appeal in over the weekend and i’ll post on here any results

goood luck to ALL of you and keep well

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I agree with the “own view” comment but feel we are similar in that. And no, I haven’t broken the law but do not judge everyone who has, irrespective of who I am married to. And I agree insurance is black and white but people make mistakes and shouldn’t be ostracised because of them any more than they should for not doing the right thing. One persons “not doing the right thing” may be another’s line in the sand. We are all imperfect and as a result should understand each other’s imperfections. But it seems some are more imperfect than others. Anyway I agree this is pointless. Never the twain shall meet springs to mind.

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Well good luck with your appeal, papabear.

I don’t wish you any bad luck, or unhappiness. I’m Sure all this has been a nightmare for you and you will hide the keys from any uninsured driver in the future.

Papabear and Wife i wish you all the luck in the world with your appeal, remember its only the good who get caught & usually on their first time ever of bending the rules which is usually done in a moment of desperation. All your present personal problems are an excuse for not giving a thought to a practicality. MS & fatigue can be responsible for putting things off at the best of times.

To the silly unnecessary judgments As the great Father said" he who is without sin, cast the first stone"

As my father said " rules are made for Bending" if we all stuck to them we wouldn’t need policing, there wouldn’t be a police force.we wouldn’t be creating employment.

Pauline x

proud to be human

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