Yes, speak with the insurance company just to see if there is learner driver cover added.
On the assumption it isn’t, then unfortunately things do not look great. Pleading guilty will result in you being penalised less, than going to court disputing it and still being found guilty. The law is quite strict when to comes to motorists so unless there is a genuine reason then there will not be much leniency. But by all means go to court, if you wish to challenge it but if so, I would suggest you instruct a motoring solicitor.
In respect of your mitigation, that the police did not see you driving, you would need to confirm why you was in the drivers seat. The standard of proof here is on “the balance of probabilities” so it’s a low threshold, it only needs to be 51% likely, as opposed to then having to prove “beyond a reasonable doubt” so unless you have a valid and plausible reason why you were in the drivers seat then I doubt it would help. Also, as stated, a police mans statement holds a lot of weight, so it is unlikely (though not impossible) for a judge to see them as lying, which is essentially what you would be trying to prove.
Your options are to accept the charge and penalties that come with it, or dispute it and/or try to get leniency in the penalties that you may have. But please note , this option may result in worse penalties if you were still found guilty therefore if you exercise this option, I would strongly suggest you obtain the advice of and instruct a motoring defence lawyer to help you. Do not attend court without legal representation.
I am sorry this may not be the news you wanted to hear but I do have a duty to be honest with you. Please return to the site if you have any further questions.
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