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
