Fuel Drive off in my car wasn't me

photome

Wouldnt this depend of the car was reported stolen or not

otherwise anyone could lend their car to their son to go fill up and then say they TWOC to get out of paying

Herzlos

paul_c123 said:

This is nothing to do with the police or the insurance company. This is purely down to a payment recovery firm trying to press the RK for a payment, because they have assumed the RK was also the driver and the miscreant not paying for the fuel. They have no right to demand payment from the RK, they only have recourse against the non-payer (ie driver at the time). They also don't have the right to demand the RK to name who was driving at the time.

The fact that the son was taking the car without permission is an entirely separate matter for the OP to resolve with his son.

That'll be a lot of hassle to defend and I'm not convinced even a small claim judge will side with OP when they say "I'm not liable because it was my son who my car", even if they have crime reference numbers. 


How much fuel are we talking about anyway? 2 full tanks on an average car would be about £100?

TooManyPoints

...but you might want to take professional legal advice from a solicitor with experience of civil litigation.

This is not a civil matter.

The debt agency is alleging a criminal offence (making off without payment). As above, only the person who made off can be held responsible for that. It is not like a parking infringement where, in some circumstances, liability can be transferred to the Registered Keeper.

The debt agency is unlikely to chase anybody else. Seeing other threads both here and elsewhere, their "business model" seems to consist of trying to convince registered keepers that they are liable to pay for these thefts. Whatever action the OP takes regarding his son TWOCing his car (with the police or insurers) that is unlikely to get them off his back.

MyRealNameToo

Keep_pedalling said:

tacpot12 said:

This issue is covered in this thread: QDR Solicitors non-payment of fuel advice required — MoneySavingExpert Forum

It says that you can't be help liable. I am inclined to believe it, but you might want to take professional legal advice from a solicitor with experience of civil litigation. If you have home insurance and have legal expenses cover, you can get this legal advice for free. You might be able to get it for free if you ask a local solicitor for some advice over the phone on the basis that you will use them (and pay them something) if you need to go to court to defend yourself. 

If the OPs car insurance company get wind of this they might find that they get their policy cancelled so I would be cautious about using the legal services of an insurance company. 

That would depend on if the son is a named driver... the op has given no detail on the whole taking without consent. 

MyRealNameToo

TooManyPoints said:

...but you might want to take professional legal advice from a solicitor with experience of civil litigation.

This is not a civil matter.

The debt agency is alleging a criminal offence (making off without payment). As above, only the person who made off can be held responsible for that. It is not like a parking infringement where, in some circumstances, liability can be transferred to the Registered Keeper.

The debt agency is unlikely to chase anybody else. Seeing other threads both here and elsewhere, their "business model" seems to consist of trying to convince registered keepers that they are liable to pay for these thefts. Whatever action the OP takes regarding his son TWOCing his car (with the police or insurers) that is unlikely to get them off his back.

there is a criminal and civil matter, the solicitors will be dealing with the civil side of it and the police will deal with any criminal aspect. 

There is a question of what the OP has done with the stolen goods; unless the son is the sole driver of the vehicle it seems unlikely that the son has used all the petrol in both cases. 

MACKEM99

Is TWOC not an offence in its own right?

Okell

matt_drummer said:

What are you doing with the stolen fuel?

Using it yourself?

MyRealNameToo said:

TooManyPoints said:

...but you might want to take professional legal advice from a solicitor with experience of civil litigation.

This is not a civil matter.

The debt agency is alleging a criminal offence (making off without payment). As above, only the person who made off can be held responsible for that. It is not like a parking infringement where, in some circumstances, liability can be transferred to the Registered Keeper.

The debt agency is unlikely to chase anybody else. Seeing other threads both here and elsewhere, their "business model" seems to consist of trying to convince registered keepers that they are liable to pay for these thefts. Whatever action the OP takes regarding his son TWOCing his car (with the police or insurers) that is unlikely to get them off his back.

There is a question of what the OP has done with the stolen goods; unless the son is the sole driver of the vehicle it seems unlikely that the son has used all the petrol in both cases. 

To me this is a really good point.

Is the OP intending to return the fuel - which they seem to accept their son has stolen - or are they perfectly happy to keep using it for free?

Okell

MACKEM99 said:

Is TWOC not an offence in its own right?

Of course it is.

That's why the OP hasn't reported their son to the police - although that's what they should have done.

Yet it would also appear the OP is happy to benefit from their son's crime by using the fuel he didn't pay for...

sammyjammy

It would be good if the OP would respond with answers,  I for one don't want to cover the cost of anyone leaving without paying for petrol no matter in this situation!

Okell

And just dealing with the civil matter, the OP has already informed the two companies involved that her son was the driver.

Easy enough to sue the two of them and let them fight it out.

If I were the OP I'd tell my son to pay up.