The burden of establishing 'special reasons' is on the defendant. The standard of proof is the balance of probabilities.

In the context of insurance cases, the defendant must show that he was in some was misled. An honest but mistaken belief can only amount to 'special reasons' if there were reasonable grounds for that belief. In Rennison v Knowler [1948] 1 KB 488, it was said that the defendant is duty bound to make himself acquainted with the contents of the insurance policy.

If 'special reasons' are found then the court has a discretion not to endorse. It can either endorse the appropriate number of penalty points or not endorse. The appropriate number of penalty points must not be fewer than those set out in Schedule 2 of the RTOA 1988. In insurance cases, that means 6, 7 or 8 points.

Before court proceedings are instituted, the matter can be disposed of by paying a Fixed Penalty. In such circumstances, 6 penalty points would be applicable.

If the matter is prosecuted then there is an unlimited fine (many online sources get this wrong). A driver may expect 6-8 points unless they:

- were involved in an accident in which damage or injury was caused; or
- gave false details; or
- never passed a driving test; or
- were driving a goods vehicle; or
- were driving for hire or reward; or
- there is evidence of sustained uninsured use

In which case, disqualification from driving for up to 12 months may be appropriate. N.b. disqualification is not limited to 12 months.

See the sentencing guideline for further info: https://www.sentencingcouncil.org.uk/offences/magi...

If court proceedings are commenced, usually via the Single Justice Procedure, then expect a fine, prosecution costs and a surcharge. Those items taken together will very likely far exceed the Fixed Penalty offer.