Without wanting to get on a high horse about this, if you'd crashed into me on your commute, or knocked on of my kids over and injured them, who would I be looking to pay out for the damage or the medical bills? I wouldn't want to be waiting ages while your insurer and solicitor argued about it. I know it seems harsh and unfair that you're being prosecuted, but you're not really the victim if you rode to work knowing you didn't have commuting on your policy.
Without wanting to get on a high horse about this, if you'd crashed into me on your commute, or knocked on of my kids over and injured them, who would I be looking to pay out for the damage or the medical bills? I wouldn't want to be waiting ages while your insurer and solicitor argued about it. I know it seems harsh and unfair that you're being prosecuted, but you're not really the victim if you rode to work knowing you didn't have commuting on your policy.