Delivery driver with no insurance set to give court a pizza the action…

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Another Q&A from MoreBikes legal column experts at White Dalton Solicitors…

 

Q During lockdown I got made redundant, so I started doing food deliveries for my local takeaway. Unfortunately, I got a delivery of my own… a ticket from the Police. I and two other delivery riders got stopped just as we were heading up the high street. We now all have an offer of six points and a  200 fine for no insurance. It turns out our boss had forgotten to pay the insurance on his fleet of delivery mopeds, and it got cancelled the month before. When I kicked off, my boss apologised but said there was nothing he could do, apart offer me a free meal one night. You cannot print what I said, but you can imagine my reply. It is fair to say I am no longer working for him. I don’t see why I should get a criminal conviction because of his incompetence. What should I do?

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Delivery driver with no insurance

A My advice is do not accept the offer as once you do, that’s it, points and a fine. Instead, wait for a court summons and go to court. If you can, make sure you get legal representation to help you beforehand. 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 to insure a works moped the Court should find what is known as ‘special reasons’ to not give you points and a fine.

To argue ‘special reasons’ successfully it must:

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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

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4. Be one which the Court ought properly to take into consideration when imposing sentence.

If you can, I would also speak to the other riders and see if all three cases can be dealt with at the same time by the Court as I think it will help, i.e. all three of you are there because of your former boss (You may even be able to get the same solicitor and split the costs). I would also report your boss to the Police for allowing you all out riding without insurance.

#legal #morebikes #whitedalton #solicitors

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