Provisional driver caught driving alone....

birkee

crazyguy wrote: »

I was getting at the point of him Twoc ing the car, she would be better off letting him suffer the consequences of his daft actions.

Isn't that the point on the insurance front though?
Who's going to insure someone who's second named driver is a learner driver guilty of TWOC?

Or, he is no longer included on her insurance at all.

birkee

Rover_Driver wrote: »

s.12(6) Theft Act 1968 may apply to the husband for taking the vehicle without consent if he thought that his wife would let him drive, even though she wouldn't:

'A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it'.

He knew he shouldn't drive alone! Wife's permission or not.
Your post is irrelevant.

birkee

Bennifred wrote: »

As far as the TWOC is concerned, the advice for least damage is for you to refuse to comment. Neither confirm nor deny.
As the police asked for the car to be recovered, not you, then you can inform the recovery company that you don't want the car back and they will probably pursue the police for costs - they do so many recoveries for the police they accept that this kind of thing happens with regard to non-collection. HTH.

Not an option!
You have to state which, or face the possible charge of attempting to pervert the course of justice.

It's like cars caught on speed camera. The owner has to declare who was driving the car, or they are charged with the offence as if it were them, even if it wasn't.

mikey72

We've been here before

https://forums.moneysavingexpert.com/discussion/3071820

birkee

prowla wrote: »

As far as I can see, you did nothing wrong:
(a) there is no law that says you have to lock up the car keys in the house,
(b) the car is your shared property (so there is no implication of taking without consent, stealing, etc.), and
(c) he took it upon himself to drive without you knowing.

So...two names on the VR5 document then?
The registered owner is responsible for the vehicle. That's why she has to state whether she gave permission, or he took it without consent as he wasn't insured.
ONE of them is guilty. Domestic relations decide whether two are guilty. (If she gave permission)

Rover_Driver

birkee wrote: »

He knew he shouldn't drive alone! Wife's permission or not.
Your post is irrelevant.

He may know that he should not drive unaccompanied as far as his licence and insurance are concerned and is guilty of that.
But taking without consent is a different matter and if he believed that she would have let him drive, he may have a defence against that.


Consider "she won't mind, I'll just nip down the shops"

Guilty of unaccompanied and no insurance, but not guilty of taking without consent?

Welsh_Exile

birkee wrote: »

Not an option!
You have to state which, or face the possible charge of attempting to pervert the course of justice.

It's like cars caught on speed camera. The owner has to declare who was driving the car, or they are charged with the offence as if it were them, even if it wasn't.

No, completely different situation. The police know who was driving.
clb - all you have to to is say something like, "No, I didn't give permission but I'm not prepared to make a statement."
That should prevent you being prosecuted for "permitting no insurance".
The police will almost certainly settle for what they've got - ie driving otherwise than in accordance with a driving licence and no insurance. And you can't be required to give evidence against your husband in these circumstances. Taking w/o consent is a criminal offence - as upset as you might be I'm assuming you don't want him getting a criminal record.

pogofish

clb776 wrote: »

Can he get charged with more than one thing? (sorry if that's a dumb question) well I most certainly did not give him permission so I will not say I did!!!

An ex of mine did something similar - She ended-up with four charges, although two were more or less wiped out by the court with a minor admonishment. She pleaded guilty to everything.

The other two - TWOC and no insurance resulted in a £90 fine and six points on her licence.

My insurance more or less doubled as a result and on renewal, I faced some very sticky questions about the charge code that flagged-up against my vehicle on the Insurer database. I had to recount the whole thing all over again in great detail.

pogofish

Welsh_Exile wrote: »

all you have to to is say something like, "No, I didn't give permission but I'm not prepared to make a statement."

In my case, after giving my statement saying she had no permission to drive, I was given the option of proceeding with charges or not - I declined and the police were quite OK with that.

halibut2209

I find it highly unlikely that the police would even consider a TWOC