The police have had powers to issue fixed penalties for some time now. With the use of ANPR technology in place, finding out if you have insurance is easy for them.
Ordinarily, there is no defence for having no insurance. It is called a strict liability offence (similar to drink driving – you are either over or under the legal limit).
However, there are two sets of circumstances that may be relevant to your case and your ongoing insurance premiums.
The first is a defence and applies to employees who are driving in the course of their employment.
If the employee is reliant on their employer being responsible for the insurance and they genuinely believe that a policy of insurance was in place, then the employee can argue that defence in court.
So, refusing the fixed penalty after taking advice is the best way forward.
The second circumstance, though not a defence (but points and a substantial fine can be avoided) is to put forward reasons to the court that there was a genuine but mistaken belief that there was a policy of insurance in force at the time.
However, the court has to be persuaded as to special reasons as it uses the ‘ignorance is no defence’ attitude as a starting point.
You should take advice and chat it through with us before the time for the fixed penalty acceptance runs out.
If the facts are not favourable you do not want to end up with a potential disqualification and a big fine, if it can be avoided.
For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.