Driving on Provisional License

rev_henry

bitemarx wrote: »

Is it an absolute certainty that my wife will be charged? The policewoman who took the details said "If you are charged, then you will need to pay a fine, and possibly appear in court in addition to a possible ban".
Althought this may become a TWOC case, can the police still charge her even if I dont intend to press charges?

No, its not certain, the CPS may decide they can't be bothered. But I think its unlikely; just my personal, unprofessional opinion.

Surely driving otherwise than in accordance is driving otherwise than in accordance no matter how you do it, be it no L plates and or no accompanying person.

I don't think this talk of perverting the course if justice is correct. When I've seen this kind of thing happen on Road Wars etc, the police have said to the owner 'this will happen if you say you gave permission, this will happen if not, take your pick' kind of thing. The actual truth doesn't seem to matter that much. But I don't think 'but I saw it on Road Wars' would wash with a magistrate somehow...

forgotmyname

Seen similar situations on the police tv shows, You either say you allowed her to drive and you get into trouble
knowing she did not have a licence and proper insurance. OR you say she took the car without your knowledge
and they add the charges on for TWOC. You cant have it both ways. Spotted one woman trying to wriggle their
way through that one. You either knew or you didnt.

Flyboy152

bitemarx wrote: »

Just had a chat with the other driver and I suggested to him that I can pay for the damage myself and he's agreed to keep the insurance company out of it, if this is the case. Is it okay to proceed this way?

The police will have already let the MID know of your wife's foolhardy trip. I wouldn't be surprised to find out that they have dropped a line direct to your insurers as well.

rev_henry

forgotmyname wrote: »

Seen similar situations on the police tv shows, You either say you allowed her to drive and you get into trouble
knowing she did not have a licence and proper insurance. OR you say she took the car without your knowledge
and they add the charges on for TWOC. You cant have it both ways. Spotted one woman trying to wriggle their
way through that one. You either knew or you didnt.

There's a difference between knowing and giving consent.

Flyboy152

rev_henry wrote: »

Ah, I thought there was a database of such things, but I think I was thinking of this:
http://www.insurancefraudbureau.org/

Which isn't quite the same thing. I'm not doing very well with accuracy today!

I thought it went on the MID.

Hammyman

bitemarx wrote: »

Just had a chat with the other driver and I suggested to him that I can pay for the damage myself and he's agreed to keep the insurance company out of it, if this is the case. Is it okay to proceed this way?

Yes however it still doesn't absolve you from them suing you for personal injury damages for at least the next few years nor from filing an insurance claim further down the line and I think I'd not consider myself home free until at least 2014. It still won't alter the fact that your wife will have either a criminal conviction for TWOC or points for driving not in accordance on her licence, either which make insurance horrific.

Also if she doesn't declare the accident on renewal time, she's then committing a further criminal offence - fraud in this case - and if it comes to light that she'd had this accident and not declared it, the insurer at that time could invalidate the policy.

Hammyman

bitemarx wrote: »

Is it an absolute certainty that my wife will be charged? The policewoman who took the details said "If you are charged, then you will need to pay a fine, and possibly appear in court in addition to a possible ban".
Althought this may become a TWOC case, can the police still charge her even if I dont intend to press charges?

Yes. It doesn't need your consent to prosecute for TWOC, even less so now its on record that you said you didn't give her permission to drive it. And as already stated, its aggravated TWOC. In short, in order to save you having 6 points on your licence, you've probably landed your missus with a proper criminal conviction of the type theiving scrotes from slum estates get which I can guarantee means absolutely no chance of a job in the civil service or NHS or similar for the next several years.

At this point, I think you should turn off that JCB and stop digging the hole you've started as at this rate, you'll soon be through to Australia. One or both of you is going to end up with points and/or criminal record and unaffordable insurance for the next few years.

gravitytolls

Can I ask why she felt she needed to drive illegally? Was it a regular occurrence?

ajuk

Hammyman wrote: »

1) Too bloody right he does.

So getting hit by an unlicensed driver means you should be able to make erroneous claims?

Rossy.

Your wife is floating in !!!!!! creek with no paddles sunshine

Driving a car with no license = No insurance

She deserves everything she gets tbh