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Using a vehicle without Insurance is an absolute liabilty offence, mens rea not involved. You either have it or you don't. No argument.
As mentioned ^^^^^^^ one has the right to contest the FPN at a Magistrates Court.
One can see why it is being explored to avoid the points in this case - to save the sibling from being taken off the road under the new driver rules.
Whilst I do not give much hope of this being achieved under the circumstances if taken to Court then my Wilkinson Traffic Law 24 Edition Page 1/708 (10.79):
"Courts have also found special reasons (conviction but no points)in instances where there is a belief in the existence of cover and a particular explanation for ignorance of the lack of cover" (No specific precedent mentioned).
But the defendant must show that he was some way mislead. An honest but groundless belief that the policy covered a particular use cannot amount to a special reason (Rennison vKnowler [1947])
The only other avenue for investigation would be to contact the Insurance Company issing the certificate to see if under the circumstanes if they would be prepared to consider themselves 'ar risk' in relation to the sons use on the time/date in question. If so then no Insurance offence.
dvd
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