No insurance stop by police - special reasons Options

[ukcss]

Some details of the incident:
Offence: Use a motor vehicle on a road/ public place without third party insurance Contrary to section 143 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

My father (69 years of age) was driving my car - however was stopped by police as the vehicle had no insurance.

Letter received saying conditional offer of 6 points + £300 fine.

Circumstances:
I had insurance at my address with Admiral insurance. (do not live with parents)
This policy was expiring and a new policy with Admiral was to start (not a renewal, but new policy with Admiral).
Admiral requested for my no claims proof after the new policy had started (which is stupid as the previous policy was with the same company). They claim requests for this were sent by post and email.

Due to covid 19, I have been at my parents home address due to their older age and received no post at my address during this time. I received no phonecalls and can see no record of any email from Admiral either.

Unknown to me my insurance policy was cancelled after they took payment, then a refund was issued as the no claims proof was not sent in.

My father, has 2 other vehicle insurance policies.
One for his car which is fully comprehensive. One van policy which is fully comprehensive.
Both allow him to drive other vehicles.

The day he drove my car, I had no idea my insurance policy had been cancelled, nor did my father - it was a complete surprise.

As soon as he was stopped by the police and it was realised what had happened I was shocked and didn't understand why my policy had been cancelled. (I was called by mobile from the scene)

My father would not have driven my car, if he knew there was any issue with insurance etc.

To ensure my father could drive home after being stopped by the police, after speaking to the officer they allowed me to buy another insurance policy which covered my father from 12:00am (midnight) the same day and I sent through copies of the policy to my dad's phone for them to see.

Obviously I'm very upset with myself as my dad now has this letter for 6 points and £300 fine when it wasn't even his fault.

Are the above good enough extenuating circumstance or special reasons to appeal the 6 points and fine?

I was given some "free legal advice" outlining the following which would be done with fees applicable:
In the first instance we will make representations to the Police asking them to take no further action against you on the basis that there was no criminality on your behalf and therefore, it would not be in the public interest to prosecute you. If successful, this will be the end of the matter but we cannot claim for your legal fees to be reimbursed to you.

If the representations are not successful, we will reject the fixed penalty and request a hearing. There will be a further fee applicable at this stage. We will spend the coming weeks getting to know you, prepare your detailed argument and gather supporting documents where appropriate. When the paperwork arrives, we will respond entering a guilty plea and requesting that the matter is adjourned for a special reasons hearing.

In the interim, we will make further representations to the Crown Prosecution Service, to try to persuade them to withdraw the matter without the need for a court hearing. If successful, we will apply for a Defendant’s Costs Order on your behalf so you can claim for a reasonable proportion of your legal expenses.

If the Crown Prosecution Service do not withdraw the matter, we will instruct a barrister to represent you and prepare you both before the hearing. At Court, our aim will be to persuade the Magistrates to find special reasons to not endorse your driving licence. If successful, we will request that you are awarded with an absolute discharge.

If the Magistrates do not find that special reasons exist, we will present mitigation on your behalf to try to keep the sentence and fine imposed to a minimum.

What are people's views on trying to do the above but myself without the legal fees?

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[Logician]

ukcss - have the police said anything to you about permitting your father to drive with no insurance? Although hopefully Admiral will manage to sort it all out.

[ukcss]

ukcss - have the police said anything to you about permitting your father to drive with no insurance? Although hopefully Admiral will manage to sort it all out.

I've emailed them copies of the email sent by Admiral stating it was their mistake and that they would cover any insurance since it was mistakenly cancelled.

My policy had my dad as a named driver too which is on the policy I emailed over.

The person I spoke to on the police contact number said they do quite often come across insurance company faults and to give them a day or 2 to respond.

Fingers crossed it gets taken no further by them.

I'll update when I get a police response

[ukcss]

Just an update - the Police have cancelled any alleged offence and will not be pursuing this any further!

Now to speak to Admiral tomorrow and see what they say.
The extra policy taken out that has now been cancelled leaves me £129.41 short, so I'm sure they'll pay that.
After that - I might be cheeky and ask if they'll not charge for for the rest of the policy (expiring in June 21)

[cp8759]

After that - I might be cheeky and ask if they'll not charge for for the rest of the policy (expiring in June 21)

Don't do that, instead ask for compensation for the hassle and distress caused to you and your father, you're likely to get more than £129.41 anyawy. Did the police seize the car?

This post has been edited by cp8759: Tue, 1 Dec 2020 - 12:47

[ukcss]

After that - I might be cheeky and ask if they'll not charge for for the rest of the policy (expiring in June 21)

Don't do that, instead ask for compensation for the hassle and distress caused to you and your father, you're likely to get more than £129.41 anyawy. Did the police seize the car?

Car wasn't seized as I bought the 2nd insurance policy straight away, which the police were happy for him to drive off with.

I'll stick to straight compensation for the hassle and stress for us both!

[cp8759]

I'll stick to straight compensation for the hassle and stress for us both!

Let us know how you get on, I'd expect them to make a reasonable award.