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Partner caught driving on provisional licence, no mot

331 replies

Eveh13 · 13/12/2023 10:14

I am currently lost and fuming at this situation. I apologise for the long post.. I am currently 7 months pregnant and my partner was caught driving alone on a provisional and without MOT (the appointment was on a same day but daytime, and he was caught at 2 a.m.). He has 3 charges against him and obviously needed to be removed from the policy. We want to plead guilty without attending a court but we Don't know how to explain himself, to try and lower a sentence. He was caught coming back from work at around 2 am but the officers did not include this in the report (to where he was going). He said to the officers that he needed the car to get into work. The police officer on the report quoted, ""I cautioned the driver who made no reply to caution". What does this actually means? I'm so confused. 🤔 He had shown the police officer his provisional licence and on the report says, quote "the vehicle was not displaying any L plates and the driver was unsupervised. The driver identified himself and the police checked it and he was free to leave walking. (Car was seized and under my name, I have full licence).
The thing is, how do we plead guilty and so can he explain himself? He wants to tell the court that he took the car to "help" me because I'm 7 months pregnant and we have a disabled child at home. We just don't know how to write it officially. I will be giving birth soon and I am dreaded and exhausted from pregnancy and this situation. Thank you

OP posts:
SD1978 · 15/12/2023 09:59

There is no mitigating factors. He chose to drive without having a full license, or an appropriate supervising driver. He chose to drive a car that hadn't had its MOT. There was no emergency. There is nothing to explain. How long has he been doing this before being caught.

kneesdonthurt · 15/12/2023 10:37

So many unanswered questions on this thread! I don't want to add to the pile-on so would just say that when the paperwork comes through, tick the 'guilty' box and let the system do what it does. You could consider including a letter not offering mitigating circumstances but simply saying he was wrong, he knows he was wrong and then list the measures he has taken to make sure this never happens again.

I remember when I was learning to drive, I had access to a family car and I was SO close to passing, the temptation to just 'pop to the shops' driving solo was big! But the repercussions of getting caught, especially with ANPR being in most police vehicles, absolutely stopped me. It's just not worth it, though I guess you are seeing that now.

To save you any more stress, the best thing you can do is accept it's happened, don't fight it by trying to offer excuses but just make sure he doesn't ever do it again.

housethatbuiltme · 15/12/2023 11:52

Shade17 · 14/12/2023 20:33

I assume its SORN (as its illegal to have it sans MOT if its not)

Rubbish

Its not rubbish at all, what planet are you on?

A car without an MOT needs to be declared as SORN and parked on private property.

Bromptotoo · 15/12/2023 13:16

@housethatbuiltme

The government website does not list 'No MoT' as one of the reasons why you must complete a SORN.

Whether no MoT invalidates insurance seems to depend on the terms of your policy.

Shade17 · 15/12/2023 14:13

housethatbuiltme · 15/12/2023 11:52

Its not rubbish at all, what planet are you on?

A car without an MOT needs to be declared as SORN and parked on private property.

Absolute bollocks. There’s a rule for continuous insurance/SORN but not for MOT

Eveh13 · 15/12/2023 14:15

And you stop judging.

OP posts:
Eveh13 · 15/12/2023 14:19

I'm surprised by how everyone here is not pointing me in the right wording but telling me how wrong I am. 👌 sorry to disappoint you guys but I'm with the law.
I am making him to accept his irresponsibility and it's not my fault he is dumb. Could of waited few weeks and would be driving it but now? Idk.

OP posts:
Eveh13 · 15/12/2023 14:19

Eveh13 · 13/12/2023 10:14

I am currently lost and fuming at this situation. I apologise for the long post.. I am currently 7 months pregnant and my partner was caught driving alone on a provisional and without MOT (the appointment was on a same day but daytime, and he was caught at 2 a.m.). He has 3 charges against him and obviously needed to be removed from the policy. We want to plead guilty without attending a court but we Don't know how to explain himself, to try and lower a sentence. He was caught coming back from work at around 2 am but the officers did not include this in the report (to where he was going). He said to the officers that he needed the car to get into work. The police officer on the report quoted, ""I cautioned the driver who made no reply to caution". What does this actually means? I'm so confused. 🤔 He had shown the police officer his provisional licence and on the report says, quote "the vehicle was not displaying any L plates and the driver was unsupervised. The driver identified himself and the police checked it and he was free to leave walking. (Car was seized and under my name, I have full licence).
The thing is, how do we plead guilty and so can he explain himself? He wants to tell the court that he took the car to "help" me because I'm 7 months pregnant and we have a disabled child at home. We just don't know how to write it officially. I will be giving birth soon and I am dreaded and exhausted from pregnancy and this situation. Thank you

😆

OP posts:
Heyhoherewegoagain · 15/12/2023 14:40

housethatbuiltme · 15/12/2023 11:52

Its not rubbish at all, what planet are you on?

A car without an MOT needs to be declared as SORN and parked on private property.

No It absolutely does not -it’s a technicality, but

A vehicle without an MOT is not allowed on a public highway-not even parked.

SORN is about your excise licence…it’s possible for the vehicle to still be taxed until the tax runs out, without an MOT, so you don’t have to SORN it unless you want to cancel the tax (although it’s pretty pointless paying the balance of a tax on a vehicle that’s not allowed to even touch the road)

in a nutshell no MOT does not require SORN

littlebopeepp234 · 15/12/2023 14:40

Eveh13 · 15/12/2023 14:19

I'm surprised by how everyone here is not pointing me in the right wording but telling me how wrong I am. 👌 sorry to disappoint you guys but I'm with the law.
I am making him to accept his irresponsibility and it's not my fault he is dumb. Could of waited few weeks and would be driving it but now? Idk.

Okayyyyyy 🤣🤣

rorret · 15/12/2023 14:44

Why do you keep quoting your OP?

If you knew he took the car, then you're guilty of an offence.

Peacheroo · 15/12/2023 15:13

How did him driving at 2am without you in the car help you?

There is nothing he can do to explain himself. I hope he's not usually such a twat. Don't make excuses for his poor behaviour unless you're complicit in him doing it. I wouldn't be trusting someone so stupid to look after your child.

StarlightLime · 15/12/2023 15:32

Eveh13 · 15/12/2023 14:19

I'm surprised by how everyone here is not pointing me in the right wording but telling me how wrong I am. 👌 sorry to disappoint you guys but I'm with the law.
I am making him to accept his irresponsibility and it's not my fault he is dumb. Could of waited few weeks and would be driving it but now? Idk.

This really has been written by a bot, hasn't it?
What is it supposed to mean? 😂

littlebopeepp234 · 15/12/2023 15:42

Eveh13 · 15/12/2023 14:19

I'm surprised by how everyone here is not pointing me in the right wording but telling me how wrong I am. 👌 sorry to disappoint you guys but I'm with the law.
I am making him to accept his irresponsibility and it's not my fault he is dumb. Could of waited few weeks and would be driving it but now? Idk.

What were you wanting everyone to point you in the right direction with op? The right direction is not to allow your partner to drive your car without a license and MOT! Bit late to point you in the right direction now 🤣

housethatbuiltme · 15/12/2023 18:19

Shade17 · 15/12/2023 14:13

Absolute bollocks. There’s a rule for continuous insurance/SORN but not for MOT

Show me ANY insurance company that insures a car without an MOT.

Its in all insurance term and conditions (except classic car insurance or new car which are not yet subject to annual MOT) which means as soon as your MOT expires you insurance invalidates too and you need to remove from road and SORN.

This is literally what my family does for a living, I know the rules lol.

Gnomegnomegnome · 15/12/2023 18:27

Is English not your first language op?

Shitzngiggles · 15/12/2023 19:58

StarlightLime · 15/12/2023 15:32

This really has been written by a bot, hasn't it?
What is it supposed to mean? 😂

I think the bot is malfunctioning.

Shade17 · 15/12/2023 20:06

Its in all insurance term and conditions (except classic car insurance or new car which are not yet subject to annual MOT) which means as soon as your MOT expires you insurance invalidates too and you need to remove from road and SORN

You’re talking crap. For a start in none of the T&Cs of any of my polices does it state that the car has to have an MOT, just that it must be roadworthy.

Secondly, insurance doesn’t just cover road risks so it’s absolutely correct that a policy remains in force on a car with an expired MOT (which must by law be off the road anyway). If it gets stolen then the lack of MOT would reduce its market value but it would still be covered.

You really think that if I need to park my car for a couple of weeks between MOT expiry and getting a new test I need to cancel my policy and declare SORN? 🤣🤣🤣

Peacheroo · 15/12/2023 20:15

Shade17 · 15/12/2023 20:06

Its in all insurance term and conditions (except classic car insurance or new car which are not yet subject to annual MOT) which means as soon as your MOT expires you insurance invalidates too and you need to remove from road and SORN

You’re talking crap. For a start in none of the T&Cs of any of my polices does it state that the car has to have an MOT, just that it must be roadworthy.

Secondly, insurance doesn’t just cover road risks so it’s absolutely correct that a policy remains in force on a car with an expired MOT (which must by law be off the road anyway). If it gets stolen then the lack of MOT would reduce its market value but it would still be covered.

You really think that if I need to park my car for a couple of weeks between MOT expiry and getting a new test I need to cancel my policy and declare SORN? 🤣🤣🤣

Once again we're in agreement.

When I got a job in insurance, I was shocked to learn that, within reason, they all paid out with no MOT with deductions. If the accident was caused by the lack of MOT then they don't pay out but they don't pay out for mechanical failures anyway.

Extrasprinklesplz · 17/12/2023 00:26

If he has a solicitor, they should be able to help him with his plea. Good that he knows it wasn't ok and is pleading guilty quickly.

murasaki · 17/12/2023 00:42

Surely a bot would know the difference between could of and could have. Or I've been overestimating bots.

AnneValentine · 17/12/2023 08:06

There is no defence or mitigating anything. He’s clearly done it before.

Trez1510 · 17/12/2023 11:54

This reply has been withdrawn

This message has been withdrawn at the poster's request

akkakk · 19/12/2023 10:41

housethatbuiltme · 15/12/2023 18:19

Show me ANY insurance company that insures a car without an MOT.

Its in all insurance term and conditions (except classic car insurance or new car which are not yet subject to annual MOT) which means as soon as your MOT expires you insurance invalidates too and you need to remove from road and SORN.

This is literally what my family does for a living, I know the rules lol.

Edited

you might wish to check the law if your family do this for a business 😁
for example I have had many insurance policies which cover me fully comprehensively on any car - your car / my cars / the neighbours - doesn't matter - on some of those policies the car owner needs to have insurance as well, on most of them there is no such requirement - and on none is there a requirement for a valid MOT. It means that I could legally drive cars which if an ANPR camera spotted them would come up as not insured - but while I was driving them they would have been insured - the insurance world is full of lots of niche and quirky products and policies...

no MOT invalidating your insurance is an internet myth - doesn't happen in real life... apart from anything else it is perfectly legal to drive to an MOT appointment with no valid MOT and your insurance clearly is not going to cancel in that situation - and that MOT centre could be 400 miles away as long as you are going directly there... so it is legal to drive on the road with no MOT (in that example).

KingsleyBorder · 20/12/2023 06:50

Since when was motor insurance a family business?!

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