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Legal matters

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Friend drove my car whilst on a ban

169 replies

user3837264 · 20/09/2024 14:32

Hello, I really need some advice. I have name changed for this for obvious reasons.

A few days ago I had a few drinks at the pub so my friend offered to drive us home in my car as I was over the limit. Great, I thought.

Turns out he's got a speeding fine in my car. 62 in a 50. The letter arrived today and I have to name the driver.

I mentioned it to him today as there is photographic evidence of him driving. He is male I am female btw.

He has informed me he has no insurance and is on a ban.

I had no idea.

He is telling me to use a random man's name and say I met him in the pub so I don't know his address.

I'm worried and I don't know what to do. He could face prison as this isn't his first offence/he is on tag (again, I didn't know this at the time)

Please don't flame me, I am so worried and don't know what to do for the best.

Shall I just say it was me and hope they don't check the camera evidence? I will take the points and fine to make this all go away.

I know I've been very stupid. I just didn't want to risk drink/driving.

TIA xxx

OP posts:
TeaGinandFags · 20/09/2024 23:21

Tell the truth

It is not your fault he's banned from driving.

It's not your fault he broke the speed limit in your car.

It's totally his fault that despite the above he's trying to guilt you into covering up for him.

Explain the circumstances and ask for help in this situation.

Remember that if you lie you will be guilty of perverting the course of justice and that carries 6 months of prison time.

Are you prepared to go to prison, because that is what he's asking you to do.

TizerorFizz · 20/09/2024 23:27

Most people don’t have insurance to drive any car. We insure individual cars with any driver with our permission. To be insured for a Rolls Royce when you own a Micra just isn’t cost effective. That’s why people don’t have this type of insurance unless they are in the motor trade. Do you take out insurance for a hire car, or not? I bet you do.

frockandcrocs · 20/09/2024 23:33

OP, my DP has a serious driving offence in his record because he ACCIDENTALLY did something wrong on the form (admittedly he didn't help himself in court, but it GOT to court because of a mistake).

They absolutely check, and they will press charges.

Ivehearditbothways · 20/09/2024 23:35

TizerorFizz · 20/09/2024 23:27

Most people don’t have insurance to drive any car. We insure individual cars with any driver with our permission. To be insured for a Rolls Royce when you own a Micra just isn’t cost effective. That’s why people don’t have this type of insurance unless they are in the motor trade. Do you take out insurance for a hire car, or not? I bet you do.

It’s nothing to do with being cosy effective because DOC insurance only gives you third party cover. So it doesn’t matter if I get in a micra or a rolls Royce because they aren’t covering any damage to the car being driven, just covering damage to other cars if I’m found to be at fault. So for a quick trip in someone else’s car, I take the risk that their car might get damaged and my friend will want me to pay for it out of pocket. It used to be standard in almost all policies, but not you have to add it. I’m not in the motor trade but I have it.

When hiring a car, I want more than third party so obviously take out insurance. Not sure what sort of “gotcha” you thought that was?

Dominoeffecter · 20/09/2024 23:38

They won’t look at the photo, I worked in this area but DONT lie and take responsibility, let him take the fall and get an Uber next time.

Ponderingwindow · 20/09/2024 23:42

Do you want a conviction to haunt you for the rest of your life?

there was no reason for him to do this. You weren’t escaping a natural disaster. No one was dying. You weren’t being chased by spies. All the two of you had to do was leave the car overnight. Absolute worst that would have happened was a parking fine plus whatever it cost you to call a taxi that night.

tell the truth. That he is asking you to lie shows that he is not really your friend.

SendMeHomeNow · 20/09/2024 23:48

MingingTiles · 20/09/2024 16:18

Honestly, I would speak to a solicitor specialising in motor offences. Driving on a ban is a serious crime, with greater penalties than driving uninsured. You don’t want to get involved in covering that up by lying about who was driving. Look what happened to Vicky Pryce, and this would be much more serious.

I’m a solicitor but not a criminal specialist. I would not try to navigate this without professional help if it was me and I don’t suggest you do. My guess is that you’ll be advised to tell the truth (obviously) and that the police are unlikely to prosecute you for not checking his insurance etc if you are completely honest now, but that is just a guess. You need proper advice.

I also wouldn’t want to be reliant on someone so unreliable, which you will be if you’re depending on him not to blab.

This is what you need to do.

Orchidgrower · 21/09/2024 00:00

To everyone jumping on the OP for not noticing her friend was on a tag, the tags are often not very big, they would be covered by a trouser leg. Also there are different types of tag, yes tags can be used to monitor a curfew, but also to track someone's location or their compliance with an exclusion zone. They can also be used to monitor drinking, someone with an abstinence tag could still go to the pub as long as they didn't consume alcohol.

As others have pointed out lying on the form is a serious criminal offence.

Velvetandgold · 21/09/2024 00:12

TizerorFizz · 20/09/2024 23:27

Most people don’t have insurance to drive any car. We insure individual cars with any driver with our permission. To be insured for a Rolls Royce when you own a Micra just isn’t cost effective. That’s why people don’t have this type of insurance unless they are in the motor trade. Do you take out insurance for a hire car, or not? I bet you do.

Most people with comprehensive insurance on their own car, it's also written into the insurance certificate that they can drive other cars with the owners permission and under a third party insurance basis.

So if someone with this insurance crashed their friends car into a tree, the insurance wouldn't cover the damage repair. If they crashed their friends car into another car and it was their fault, the insurance would pay for the damage to the other car but not their friend's car.

It's the same whenever I've had a hire car, when mine has been in for repair after someone has crashed into me. I'm offered to either take out separate insurance for the hire car for a small weekly fee or I can drive it under my own insurance. The advantage with the first option is that if there's an incident with the hire car it doesn't affect the no claims discount on my own car's insurance policy.

MrsTerryPratchett · 21/09/2024 04:47

OP not been back? Hmmmm.

Mmhmmn · 21/09/2024 04:58

This is on him for offering to drive without insurance and then for speeding. He sounds like a complete arse.

Obviously don’t get yourself in situations like that again where you’re unable to drive your own car. If you’ve got your car with you, you’re not drinking.

Daffyyellow · 21/09/2024 05:07

Your friend knew the risk he was taking by driving and then he was speeding, now it’s time to face reality. It’s not your fault. Don’t make it worse by trying to protect him. Tell the truth.

LadyGaGasPokerFace · 21/09/2024 05:17

Tell them the truth. This is why your friend is in this situation. I’d be pissed off with someone not telling me about a driving ban, that’s pretty significant. If you lie you’ll get yourself in trouble.

TotalAbsenceOfImperialRaiment · 21/09/2024 05:51

What your friend is asking you to do is pervert the course of justice. It's one of the most serious criminal offences. If you are prosecuted and convicted, the trouble you will be in will dwarf any trouble your friend might be in for driving whilst disqualified. You will almost certainly get a custodial sentence and you will have a criminal record which will affect your employability when you come out of prison and for years afterwards. Is the friendship really worth that kind of risk?

autienotnaughty · 21/09/2024 05:58

You fill in his details. The fine gets sent to him it becomes his problem.

Do not commit fraud for this man you could get charged for it. Remember if he had crashed your car you would have had a smashed up car and no insurance to claim on as yours would have been invalid. He put you in this position.

He chose to drive knowing he is legally not allowed to. He put you at risk and didn't care. He is happy for you to commit fraud on his behalf. This man is not your friend.

CandidHedgehog · 21/09/2024 06:17

TizerorFizz · 20/09/2024 22:39

Why would he be insured to drive your car? Does he run a garage? You insure your car, not him. So you are wrong to let someone drive it if you don’t have insurance to cover them. Thats reckless of you. It’s reckless of him too, obviously. The pair of you are idiots! Tell the truth. This might be difficult for you but do it!

Most fully comprehensive insurance lets the holder drive another vehicle 3rd party. I think it’s usually only for people over 21 or 25 but it’s vv common - almost standard.

Nobodywouldknow · 21/09/2024 06:26

yeah the fact that he’s unable to remotely stick to the speed limit even when he’s driving while banned shows what an utter idiot he is and you’d be doing the world a favour getting him off the roads. Put his name on the form and cut contact with this loser. If he does ask you about it say that you can’t get any more points and that his face is visible on the picture. Also if you gave a false name you would end up charged with failing to give details of the driver so that won’t work.
He will probably contest it by the way and deny he was driving. You may end up with his points after all but at least you tried.

Illpickthatup · 21/09/2024 06:51

FawnFrenchieMum · 20/09/2024 14:38

Tell the truth! I cant believe anyone lets people drive their car without checking someone is insured.

Exactly. My 17yo's uncle asked to borrow his car and he called my DH straight away to ask for advice and got his uncle to show proof of insurance. He's a typical teenager and a complete doughnut at times but even he has the common sense to check insurance details.

sashh · 21/09/2024 07:07

OP

Just by contemplating this you could be prosecuted for conspiracy to pervert the course of justice, that's up to 7 year in prison.

He is not a friend. He is a criminal who conned you into letting him use your car to commit another crime and now wants you to commit a crime for him.

DO NOT DO THIS.

Fill the form in with his name and address.

Nobodywouldknow · 21/09/2024 07:13

Also OP watch out for him getting one of his mates to say it was them driving. Almost guaranteed he will once he realises you won’t. Stick to your guns and say it was him.

PenelopePitStrop · 21/09/2024 07:23

@user3837264 Are you ok?

The general ‘OMG’ tone of this thread might feel overwhelming when you are worried but people’s alarm is because we don’t want this to be a bigger problem than it already is. We are (the vast majority) on your side here.

And also appreciate that telling the truth comes with its own concerns.

Are you ok?

Dragonsandcats · 21/09/2024 07:27

I would definitely tell the truth- I know sometimes they check the photo even if they don’t always. Sorry this has happened, he’s not friend of yours don’t risk prison for him.

LlynTegid · 21/09/2024 07:28

Tell the truth.

RawBloomers · 21/09/2024 07:29

sashh · 21/09/2024 07:07

OP

Just by contemplating this you could be prosecuted for conspiracy to pervert the course of justice, that's up to 7 year in prison.

He is not a friend. He is a criminal who conned you into letting him use your car to commit another crime and now wants you to commit a crime for him.

DO NOT DO THIS.

Fill the form in with his name and address.

She cannot be convicted of conspiracy simply for contemplating it after someone asked her to do it. She would have to actually agree and mean it, which she hasn’t - yet.

But agree DO NOT DO THIS, OP.

It is a serious crime and one, it seems, they could easily prove.

Coruscations · 21/09/2024 07:52

Just by contemplating this you could be prosecuted for conspiracy to pervert the course of justice, that's up to 7 year in prison.

No, she couldn't.

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