Stuffed Crust

Stuffed Crust

I work for a well-known pizza chain and was delivering a 12in pepperoni on a works scooter when I got a delivery of my own… a ticket from Mr Plod.

I got stopped on a routine check and now have an offer of six points and a £200 fine for no insurance – my boss had forgotten to renew the insurance on his scooter fleet. He shrugged his shoulders and said: “That’s your problem.”

I wanted to ‘pan’ his face (sorry about the pun). I don’t see why I should get done. What should I do?

Answer

You may not be ‘stuffed’. Do not accept the offer because once you do, that’s it – points and a fine. Wait for a court summons and go to court. If you can, make sure you get legal representation to help you BEFORE the court date.

Having no insurance is a strict liability offence, so the court will have no choice but to find you guilty.

However, because you relied on your boss (quite rightly) to insure a works scooter I reckon the court will find what are known as ‘special reasons’ to not give you points and a fine.

To argue ‘special reason’ successfully it must:

1. be a mitigating or extenuating circumstance;

2. not amount in law to a defence to the charge;

3. be directly connected with the commission of the offence; and

4. be one which the court ought properly to take into consideration when imposing sentence.

Andrew ‘Chef’ Prendergast

On 2 Wheels April 2018

Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.

Posted by Andrew Prendergast. Last modified: June 18, 2018 at 9:56 am

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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