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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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:
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
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.
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