Police didn't prosecute for TWOC - what does this mean for my insurance claim?

shiraz99

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

The police don't prosecute anyone, that's the job of the CPS and it will be them that decide whether it's worth doing so or not, even if there's enough evidence to secure a prosecution.

DB1904

shiraz99 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

The police don't prosecute anyone, that's the job of the CPS and it will be them that decide whether it's worth doing so or not, even if there's enough evidence to secure a prosecution.

The police in this case can make the charging decision and charge the suspects without the need for CPS. This leaves me to wonder were they cautioned.

user1977

pinkshoes said:

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Surely you mean a civil action to recover the costs rather than a "private prosecution" (which is a very rare and pointless thing in this situation)? Not sure how it would be of any use though unless these are unusually rich kids?

cjp2308

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

DB1904

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

When in November did it happen? Six months is nearly up so running out of time. Without a twoc then you're on the hook for permitting otherwise in accordance and no insurance.

Are you sure they weren't cautioned?

Manxman_in_exile

@cjp2308 -  if I understand correctly you have made a claim against your insurance but they haven't given you a decision yet.  Is that correct?

I don't see any benefit to you in pointless speculation about what your insurer may or may not decide to do.  Wait until they've actually reached a decision.

Any decisions made by the police or CPS as to whether or not to charge these lads is none of your business really.  And you have no idea anyway what the circumstances leading to any (non-) prosecution decision may have been.

And I know you appreciate this now, but just throwing your keys on the table and asking no-one in particular to look after them was daft.  You say you and your friends stayed there (drinking?) for some hours.  Who did you think was looking after the car?

cjp2308

DB1904 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

When in November did it happen? Six months is nearly up so running out of time. Without a twoc then you're on the hook for permitting otherwise in accordance and no insurance.

Are you sure they weren't cautioned?

That was my initial concern on top of insurance, but I've haven't been questioned or anything about permitting - as all my statements have reiterated this And I have been happy support prosecution for the TWOC.

21st of November so will hit 6 months in 3 weeks

shiraz99

DB1904 said:

shiraz99 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

The police don't prosecute anyone, that's the job of the CPS and it will be them that decide whether it's worth doing so or not, even if there's enough evidence to secure a prosecution.

The police in this case can make the charging decision and charge the suspects without the need for CPS. This leaves me to wonder were they cautioned.

Charging is not he same as prosecuting. The OP isn't really clear as to whether they have or will be charged or not and even if they are the CPS could still not bother with taking it further.

DB1904

Manxman_in_exile said:

@cjp2308 -  if I understand correctly you have made a claim against your insurance but they haven't given you a decision yet.  Is that correct?

I don't see any benefit to you in pointless speculation about what your insurer may or may not decide to do.  Wait until they've actually reached a decision.

Any decisions made by the police or CPS as to whether or not to charge these lads is none of your business really.  And you have no idea anyway what the circumstances leading to any (non-) prosecution decision may have been.

And I know you appreciate this now, but just throwing your keys on the table and asking no-one in particular to look after them was daft.  You say you and your friends stayed there (drinking?) for some hours.  Who did you think was looking after the car?

As a victim of crime the Victims Code would suggest otherwise. 

cjp2308

Manxman_in_exile said:

@cjp2308 -  if I understand correctly you have made a claim against your insurance but they haven't given you a decision yet.  Is that correct?

I don't see any benefit to you in pointless speculation about what your insurer may or may not decide to do.  Wait until they've actually reached a decision.

Any decisions made by the police or CPS as to whether or not to charge these lads is none of your business really.  And you have no idea anyway what the circumstances leading to any (non-) prosecution decision may have been.

And I know you appreciate this now, but just throwing your keys on the table and asking no-one in particular to look after them was daft.  You say you and your friends stayed there (drinking?) for some hours.  Who did you think was looking after the car?

Yes,  certainly appreciate it now. 

I suppose one of the friends I was sat with on the table and who saw me put the keys on the table. But your right I should have instructed one of them specifically

I agree, I'll drive myself mad with speculation and it's outside of my control now anyway, I've cooperated with police said I would support prosecution following my complaint and also answered any insurance queries.