DD Fucked Up - what will happen

[TheCakeDiet]

DD (17) called me last night sobbing. She has fucked up and all of her own making, but what I am trying to determine is what the consequences will be.

She went to her Boyfriend's house yesterday evening. It was quite late (as she had a day off school today) so they decided to sit in his mum's car to chat rather than risk waking her up.

DD sat in drivers seat for no particular reason. They put the engine on as it was cold and DD - for reasons that she can't really explain - moved the car forward about five feet. She has a provisional license only and her boyfriend the same. Meaning not qualified OR insured to be doing that. The only reason she can give is that she has only ever driven her lesson car and wanted to 'see how it felt'.

She knocked the car in front. Small scratch.

In the meantime, a 'concerned neighbour' noticed a boy in a black hoodie (boyfriend) getting into a car that she knows belongs to blond woman) his mum - and decided to report a possible 'live' car theft. Police arrived just as they were standing oven mouthed with horror and having dinked the car.

DD owned up straight away and gave her details and boyfriend's mum was woken and said she didn't want to pursue/press any charges (thank you thank you).

Police had initially searched DD and her BF thinking they were stealing the car but BF showed them the key and pointed to his house. Because they were searched (I believe?) the police had to bring dd home. They told me they wouldn't be pressing any charges and she has no record, but they do need to notify DVLA that she moved the car five feet. They have said they don't know exactly what will happen but she may get up to 6 points on her provisional license and a ban that will come into effect once she has passed her test.

We will also be contacted by Social Services.

I am livid. DD is hugely remorseful but tough shit.

I haven't even told DH yet as he will hit the roof and I didn't sleep all night and can't face it the ranting that will ensue.

I have told DD she must pay for any damage and write a letter of apology. I have also told her she will obviously now NOT get a car in the near future and we would have to wait and see what action DVLA take.

What I really want to know is what the DVLA consequences are likely to be. Police were vague - lots of 'might be this, might be that'... but also quite enjoying the fear they were putting into her - lot's of "you're lucky you aren't in a cell" etc. I have no problem with them giving her a scare, but it means it was hard to know what was the likely scenario so we don't know what to expect.

Anyone had anything similar?

Thank you

(i) The DVLA will fine her. She won't be banned from passing her test, but if she then gets any points at all within two years of passing, she'll immediately lose her licence.

(ii) However, more significantly, she will be basically uninsurable. With respect to everyone, it sounds as if she's not mature enough, or responsible enough around cars, to be driving yet, so it might be the best thing.

Am assuming the bf's mum bit is only about the 'Taking with out consent' aspect of the car, the damage to the neighbours car a separate issue, as will be the paying for this to be fixed?

you dont say if they were on the road or private driveway - if driveway its private property so DVLA won't be interested

Was this on the boyfriends drive, therefore hitting a family car or on the road hitting a neighbours car?

I agree with this

Unless there is more to the story ...

Individuals don’t get to decide whether or not to “press charges”. That’s a police decision.

The BF’s mum will have been consulted about the ‘possible theft’ angle and will have confirmed it’s her car, her son, her son’s GF so no theft was being committed.

The points on the licence / future ban will be the consequence for driving without a full licence / insurance, which would be the penalty if the neighbour whose car it was called the police so there was no need for the officers to consult him/her. The damage will have to be fixed either through the owner’s insurance or by the OP’s DD paying for it.

The police need to have found you guilty of doing something, inform you of such, there will be a fixed penalty (points and/or fine) which the DVLA will administer. For example, driving without insurance, £300 and 6 points. Without a license, unlimited fine and 6 points. But it is the police who find you guilty, issue the penalty and the DVLA just process the points. Informing the DVLA probably won't do anything, It is if the police later decide to find her guilty and issue a penalty she will get any come-back. Say if the neighbour isn't happy with the outcome and goes to the police for a more formal resolution, maybe

God I really don't think it's that bad! Aside from the insurance implications which is her problem really.

People don’t actually decide if they want to press charges or not. That’s up the the police.

What if she had "just dinked" a child? Because she was curious.

I would be raging and there would be no way I would be taking anything to do with her driving now. She would be on her own.

Hmmm, the police seem a bit vague - if they decide to prosecute then they would tell DVLA. DVLA wouldn't do anything if no offences being charged.
It could be they decided to use discretion and nothing will come from it (other than a rightful lesson). Or the other owner could report and police investigate so would look at driving not in accordance with licence and no insurance type of offences.
Did they give a log number or crime number so you could enquire re outcome?

The police may decide the press charges for driving without insurance which is automatic 6 points and as someone else said will impact when she gets her licence and definitely her insurance. The circumstances aren't really important. She is not insured to drive that vehicle under any pretense so the police can issue points and a fine.

Public road

Not more to the story as far as I am aware

I might call local police station to ensure I have it all correctly and ask them to explain it all.

Thank you all for your views and thoughts. I know some of you think I am being dramatic - the problem is DD has been struggling with mental health a little - she is under the care of the GP but has history of not being able to moderate her reactions - so we get hysteria/rage/sobbing - and some history sinking into depression and self-harm (hence my reference to spiraling), and DH has form for losing his temper, excessive ranting and so on.

So much as i hate it, the environment can become dramatic very easily. Her DB and I are opposite to this - I can't stand drama, so I am endlessly trying to manage any sort of crisis into digestible pieces - hence my need for knowing all the facts and what is likely to happen.

It's an interesting one because technically the mother can be done for allowing an unlicensed driver to drive the car too. Driving without license or insurance is a separate issue to taking without consent, it sounds like she isn't being charged with taking without consent but the driving without a license is being referred for court, I'd be very surprised if it isn't, assuming this is a public road.

I thought only the police/courts could issue points not DVLA.
So the police may be reporting her for something <confused>

Is your DH her biological father?

If he is, I'd also be raging with you that you kept this from me.

I feel a bit sorry for your DD.

The boyfriend’s mum made a huge irresponsible mistake letting her teenage son have a car key when he only has a provisional licence. If she hadn’t done that none of this would have happened.

The boyfriend made a silly ‘show off’ decision to sit in a car with the engine on and his girlfriend in the driving seat despite her lack of a driving license, they should have either gone in the house or said bye.

She pressed the pedals for a laugh, but how on earth did she hit the car in front?! Weird.

Then the police searched them and scared them and were clearly enjoying the opportunity to bully an attractive teenage girl. I hope she was searched by a female officer and not groped by a bunch of creeps. They didn’t have to search the kids, they chose to and I don’t even see grounds making the search legal. The offences were driving without a fully licensed supervisor and (accidental) criminal damage to the other car. Neither of those offences indicate that a search is appropriate or necessary, see below.

Your DD committed an offence but she was also the victim of a nighttime search which may well have been illegal.

I would be asking the police for detail about why your child was searched. I would accept your DD’s apology and I wouldn’t punish her any firther by eg changing any plans re her getting her own car.

Re points on her license / driving ban I’d suggest speaking to a specialist lawyer as this may be avoidable if you appeal, I don’t know. But I’m concerned about the search.

—-

Stop and search: police powers
A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying:

illegal drugs
a weapon
stolen property
something which could be used to commit a crime, such as a crowbar
You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer. This can happen if it is suspected that:

serious violence could take place
you’re carrying a weapon or have used one
you’re in a specific location or area
Before you’re searched
Before you’re searched the police officer must tell you:

their name and police station
what they expect to find, for example drugs
the reason they want to search you, for example if it looks like you’re hiding something
why they are legally allowed to search you
that you can have a record of the search and if this isn’t possible at the time, how you can get a copy

If they gave her a ticking off, I'm confused as to why DVLA is being notified or how they intend to issue points.... Thats the role of the police via fixed penalty notices.

And if on a driveway, it's private land anyway.

It's up to the police, not BF's mum.

You don't press charges in this country.

The mum can't decide whether she "presses charges".

If the police haven't charged her then there's nothing to notify the DVLA of.

She won't be "uninsurable".

If the mother doesn't say she didn't allow them in the car then isn't she guilty of allowing an unlicensed and uninsured person to drive her car?

This all seems like a storm in a teacup to me. I mean, of course she made a mistake and there should be consequences, but assuming everything you've said here is the entire story, I really don't understand all the drama, including from the police. How bad is the damage? In a situation like that, if a teenager had dinged my car I would 100% expect her to pay for the damage, but if she was willing to pay it upfront, I wouldn't even bother going to my insurance company (assuming the damage is a scratch or a dent on the bumper, which is what seems to be the case here. V different if damage is meaningful or if there was any suggestion she'd done it on purpose).

She wasn't driving the car. She pulled it forward a few feet. Stupid, but not intrinsically a terrible thing. A friend, after getting her license, managed to roll her car backwards, destroying her parents front gate and they got less worked up than everyone is about this.

And of course, everyone will be horrified by this, but me and my siblings were regularly sent to move cars around/repark them etc when we had our learners. Things like moving car out of the way so that Dad could park in garage etc.

Someone had to disengage the handbrake though, right?

I mean it's not brilliant but it's not crime of the century is it. She moved the car 5 feet. Silly but it wasn't like she was drunk driving or joyriding. I don't think there will be any meaningful consequences but it will be a pain for her insurance which is probably punishment enough.

I remember when I was a teenager a boy I knew stole his mums brand new BMW after a house party and crashed it into an tree. Now that's a punishable offence imo.

The dvla just enforce decisions. If the police are not taking any action, nothing more to be done, surely?
Was the owner of the car notified? Best case scenario, they have bo damage. Worst case they report it to their insurers who would then claim back from his Mum's insurers.