Fastest Takeaway

Fastest Takeaway

I make deliveries for the local Chinese takeaway on their moped. I was dispatching sweet and sour chicken with noodles to one of my regulars when I got something sour but not very sweet myself. A ticket from the Old Bill.

They had followed me through town, checked the plate and then lit me up. I now either have to go to court or accept an offer of six points and a fine for having no insurance.

All because my employer had forgotten to renew the policy for his company moped! When I told my employer he just laughed and said he was glad he wasn’t riding. I could have punched him but I need the job. I don’t see why I should be punished because of him. Do you see a way out for me or do I need to just accept the offer?

Answer

You did well not reacting to your employer when he laughed at the situation. Moving forward, I do see a ‘way out’ for you. My advice is do not accept the offer. Instead, go to court once you are asked to.

If you can, make sure you get legal representation before the hearing date to advise and/or represent you. The court will have no choice but to find you guilty as having no insurance is a strict liability offence. However, because you relied on your employer to insure the works moped, the court will likely find what are known as ‘special reasons’ and not give you points and a fine. To argue ‘special reasons’ successfully it must:

  • be a mitigating or extenuating circumstance;
  • not amount in law to a defence to the charge;
  • be directly connected with the commission of the offence; and
  • be one which the court ought properly to take into consideration when imposing sentence.

While accepting the offer will be the quickest thing to do, going to court would be best option for you. Lastly, while I appreciate work is hard to come by, I would look for another job as your employer appears to be the definition of incompetent.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly August 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: July 20, 2018 at 1:33 pm

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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