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Thanks for your question. My name is Jo and I will try to help with this.
I am very sorry but its bad news.
In a nutshell, he does not for two main reasons.
Driving without insurance is an offence of strict liability. Either he was insured or he was not. He was not. It doesn't matter whether he knew he was not insured. Or even whether it was somebody else's fault. Unless he was insured, he is guilty.
Also, if he has already paid the fixed penalty fine there is no appeal. If you dispute a fixed penalty fine allegation then the method of appeal is to refuse to pay and invite them to summons.
He did the right thing by not doing so though because he would have been convicted at court and had to pay costs.
What was open to him was to make an application to the court not to endorse his licence on the basis that there were special reasons not to do so.
He absolutely did the right thing by not running it though. He would have lost. Magistrates are generally prosecution minded and they would have said that it was his responsibility to check that his insurance was paid for. I do realise that unrealistic but that is regularly a decision that they make.
The only time I've ever seen this type of application lead to a successful outcome is where insurance companies have cancelled in error or something similar to that.
Unfortunately thats not his position here.
Can you respond?
Does he have any grounds to ask for the points not to be added to his licence due to the circumstances as if his employer had paid him as promised he would not have been in this position?
Only on the basis of special reasons which he would lose.
And not at this stage because he has paid the fixed penalty anyway.
OK, sounds like he has no grounds whatsoever, thanks for the advice
Unfortunately most of the road traffic act is very unfair
And Magistrates generally are not defence minded at the best of times.
Thats not to say he doesn't have a complaint with his employer.
But not a challenge to the no insurance at this stage I'm afraid.
No problem. Sorry it cannot be more positive. All the best
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