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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice
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I was stopped by road traffic police in November driving a

Resolved Question:

I was stopped by road traffic police in November driving a company moped to visit a customer. The officer checked my insurance at the time and advised me that I was only covered on SDP insurance. I was not aware of this, as the company had arranged the insurance and it seems there was a clerical error!
I contacted the insurance company upon return to my office and they advised that they would have indemnified me on the date in question for any road traffic offence - they have also provided this to me in writing.
I have now received a court summonds for the offence and would like some advise on whether I should plead guilty or not and whether it is likely that I may be able to avoid 6 penalty points for this?
I would also like to know whether it was correct that the officer allowed me to drive the moped back to my office or should he have confiscated the moped? I am wondering whether this may help as a technicality in this situation.
I would prefer if you called me on 07568 525157
Thank you
Angelo Serra
I do not currently have any other points or driving offences on my license.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

I was stopped by road traffic police in November driving a company moped to visit a customer. The officer checked my insurance at the time and advised me that I was only covered on SDP insurance. I was not aware of this, as the company had arranged the insurance and it seems there was a clerical error!
I contacted the insurance company upon return to my office and they advised that they would have indemnified me on the date in question for any road traffic offence - they have also provided this to me in writing.
I have now received a court summonds for the offence and would like some advise on whether I should plead guilty or not and whether it is likely that I may be able to avoid 6 penalty points for this?
I would also like to know whether it was correct that the officer allowed me to drive the moped back to my office or should he have confiscated the moped? I am wondering whether this may help as a technicality in this situation.
I would prefer if you called me on 07568 525157
Thank you
Angelo Serra
I do not currently have any other points or driving offences on my license.

Expert:  Jo C. replied 2 years ago.
OK.
On your specific points above
1 You should plead guilty. Come what may, you were not insured for the specific purpose for which you used the vehicle. You could argue that special reasons apply not to add points though but it would depend upon whether the insurance company sent you out a copy of the policy with SDP on it. If they did, the Bench would find against you.
2 Normally they would confiscate for no insurance. I think probably he didn't because you did have insurance. You were just acting outside of it. You were allowed to drive away because you were insured at that time so it was not unlawful. Either way though, it makes no difference from the point of view of the summons.
Can I clarify anything for you?
Jo
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