My son was given six points on his licence for not having 'commuting' on his insurance - what can we do?

My son was stopped on his way to work by the police for having a brake light out. When asked where he was going he told them to work. He has fully comprehensive insurance but was told that he didn’t have commuting on his policy. He has been given a £300 fine and six points. He has been driving less that two years which means his licence will be revoked. He is going to attend court, but solicitor fees are huge and we can’t afford it. What can we do?

Asked on 18 October 2018 by Melanie jones

Answered by Tim Kelly
Does your son have "commuting" on his insurance? If he does not, he is technically guilty. If he does, then attend court and show the judge. I have heard of this situation before and the police are wrong. As long as there is a policy in place, the insurer has to provide cover under the road traffic act to any third party claimant.Ie Your son IS insured. It would then be a matter between your son's insurer and him, not the police.

The other point is, just because your son was going to work, does not mean he was necessarily going there TO work. The legal question is, was there the provision of a legal insurance policy at the point your son was stopped? Also, was the vehicle seized? Or did they allow your son to continue? If so, that weakens their case, as they have now knowingly allowed for an uninsured vehicle to be on the road. Do some research on Mckenzie friends who assist people at court. See also see Citizens Advice to see if they can assist in attending court.
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