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Quick sanity check - for the purposes of totting up, points count for 3 years from date of offence to date of offence - were all of your current points from offences committed less than 3 years before the current offence?
The concept of contesting a COFP is a nullity - you either accept it (you can't), or you don't. If you don't accept the COFP, then it has no bearing on anything else, and it is then open to the police (after the expiration of the 28 day suspended enforcement period) to instigate court proceedings - the same as if they had not issued the COFP.
N.B. The fine will be based on the sentencing guidelines, not the COFP, as explained by Daim456 above.
There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.
Interesting, but if the business policy was to cover any vehicle, and OP would have been covered at the time regardless, surely OP would then be not guilty?
It's a matter of contractual construction. If the insurance contract did not cover the use at the time, the fact that the insurer extra-contractually says that they would have covered the risk does not invalidate the offence. Until the OP knows what the contract covered at the time, as distinct to what the insurer might have paid out on as a matter of discretion, the question is up in the air.
I doubt this will go to court, a fixe penalty is the usual offer. Did the police let you drive away after they stopped you? If so that's a rarity as they usually make you walk home and the vehicle get lifted to the car pound.
I doubt that mitigating circumstances will help as no insurance is a clear-cut matter, either you've got it or you haven't.
Just so it's clear, as well as contacting your own personal insurance, get your father in law to contact his business insurance incase you have cover on that side instead.
There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.
Thanks for the reply
Can they backdate it though? Even though it was only in the garage for less than a week? Also when the officers checked my record it showed no business insurance on my licence so aren't I technically banged to rights because at the time, I didnt have proper coverage?
Yes, the insurer can say "We would have insured you on this date". Some business policies do not specifically cover individual vehicles but may cover "any vehicle owned by or used in the course of business" (more likely for very large corps). If there is any kind of stipulation like that in the businesses policy then it may well cover you for delivering.
They might also say no, but at the end of the day, what choice do you have? Explore every option open to you.
Insurance is separate to your driving licence, the police checked your car insurance and found it to not have "for hire and reward" cover.
You say the business has a delivery car but it was off the road. Check that policy, or speak to the insurers, and see if they cover alternative vehicles if that one is off the road. You may find they would have covered you.
If you will hit 12 or more points then you can’t accept the conditional offer (that’s one of the conditions) so you’re going to court either way.
. Any help will be appreciated. Please be nice im already stressed to the max because of the implications it will have on my life for the next 5 years! All for a favor.