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?
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 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.
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.
About Motorcycle Monthly
The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.
White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.