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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:
CheeseWisely · 25/09/2024 16:28

Are you the same OP who has some drama with a 'friend' driving them home from the pub a few weeks back? The guy didn't know how to park it IIRC.

The only course of action now is to be honest, and never take the word of some bloke in the pub that they're both legally allowed and capable to drive you home.

Talkingfrog · 25/09/2024 16:28

Be honest in your response otherwise you could be seen as perverting the course of justice, by knowingly giving false information on am official document, to avoid the correct person facing justice.

Sounds as if you made a decision with good intentions, and took a friend in trust, but may have been a bit nieve in not checking they had a valid license and that they were insured for driving other cars.

( even if they had been insured for driving other cars, it would have only covered your car for third party damage, so an accident would have left you to pay for any damage to your car).

If they told you lie on the form, and offered to drive hour car knowing they were banned but without telling you that, I would drop them as a friend.

thursdaymurderclub · 25/09/2024 16:31

obviously tell the truth.. cos if not it will come back and bite you... if he was stupid enough to offer to drive knowing full well he had neither a license and the relevant insurance... then more fool him!

he's not a friend to be putting you in this situation.. i assume as he is on tag, he drove home well before his curfew? or was he also breaching his tag as well?

MoreCardassianThanKardashian · 25/09/2024 17:02

Ah man! That's really shit. For you, best to tell the truth as it's quite the punishment if you don't. I don't think there's anything for you to worry about re insurance etc. you simply send his details. Though I imagine he will be quite threatening about this so I hope you have support Flowers

For him, not your fault he's a lying bastard. He needs to learn a lesson and receive the full punishment otherwise he will carry on and then he'll kill someone. He's banned for a reason and clearly gives no fucks about rules and consequences. Special rung in hell for cunts like him.

WhyamIinahandcartandwherearewegoing · 25/09/2024 17:04

Tell the truth. Your ‘friend’ is, quite simply, not one. An irresponsible twat yes, a friend - no.

Angran1 · 25/09/2024 17:04

No ! tell the truth or you will be committimg the offence of perjury !!

he knowingly drove so committed both offences
...if he crsshed the car at the ....who would have paid for the damage as uninsured..you !!

hes an adult....take the consequemces sorry ! ....he womt go to prison for driving this time but he wont gey away lightly....lessom for you too !

PenelopePitStrop · 25/09/2024 17:06

The OP hasn't been seen on the thread since her OP 5 days ago.

Angran1 · 25/09/2024 17:07

rickandmorts · 20/09/2024 15:08

I'm pretty sure as the owner of the vehicle you can also be in trouble for letting someone who is banned drive your car. I know a couple, he was banned and she let him drive her car. He got caught and had to lie and say she had no idea he was driving her car otherwise she would have been implicated too. I'm not sure if you would get let off though as you didn't know he was banned 🤷‍♀️

will only be dealt with if she knew at the time he wasnt supposed to.be driving
....

themonkeysnuts · 25/09/2024 17:50

As pp^^ its perjury and you can get fined for it
he drove knowing he was banned he can take the consequences

Angran1 · 25/09/2024 20:21

themonkeysnuts · 25/09/2024 17:50

As pp^^ its perjury and you can get fined for it
he drove knowing he was banned he can take the consequences

only if you knew at the time you gave him the car he was uninsured and banned...its called "causing and permitting" and you would have to be dealt with by summonds seperately once offence pointed out after caution.

MoreCardassianThanKardashian · 25/09/2024 21:52

@Angran1 I think they mean perjury to lie about who was driving.

OraettaMayflower · 25/09/2024 22:18

Angran1 · 25/09/2024 20:21

only if you knew at the time you gave him the car he was uninsured and banned...its called "causing and permitting" and you would have to be dealt with by summonds seperately once offence pointed out after caution.

Perjury is when someone lies under oath.

There are cause and permit offences but here it’s ‘use’ a vehicle without insurance for the OP as well as the driver as she was in the car at the same time. They might deal with her by way of summons/ postal requisition or fixed penalty.

Angran1 · 25/09/2024 22:22

OraettaMayflower · 25/09/2024 22:18

Perjury is when someone lies under oath.

There are cause and permit offences but here it’s ‘use’ a vehicle without insurance for the OP as well as the driver as she was in the car at the same time. They might deal with her by way of summons/ postal requisition or fixed penalty.

its completely on him..

it implies she had insurance although not driving....she would have been covered had she been...no offences on her part.

Angran1 · 25/09/2024 22:25

you dont need insurance as a passenger...even as the RK...it covers the driver....policy holder. and named persons

OraettaMayflower · 25/09/2024 22:49

Angran1 · 25/09/2024 22:22

its completely on him..

it implies she had insurance although not driving....she would have been covered had she been...no offences on her part.

She was insured but she wasn’t driving an uninsured person was driving and because she was using the car with him at the time he was driving uninsured she could be charged with using a vehicle without insurance. I have 15 years experience working with traffic prosecutions from 2005-2020.

Angran1 · 25/09/2024 23:18

OraettaMayflower · 25/09/2024 22:49

She was insured but she wasn’t driving an uninsured person was driving and because she was using the car with him at the time he was driving uninsured she could be charged with using a vehicle without insurance. I have 15 years experience working with traffic prosecutions from 2005-2020.

back to my previous messsge. only if she knew at the time he he didnt have either and permitted the act.
im not goimg down the line og ive got...blah.blah. blah experiance....she is not going to be be dealt with !!

Angran1 · 25/09/2024 23:20

Angran1 · 25/09/2024 23:18

back to my previous messsge. only if she knew at the time he he didnt have either and permitted the act.
im not goimg down the line og ive got...blah.blah. blah experiance....she is not going to be be dealt with !!

caviat....unless she now lies ....and doesnt disclose his name.

OraettaMayflower · 25/09/2024 23:24

Angran1 · 25/09/2024 23:18

back to my previous messsge. only if she knew at the time he he didnt have either and permitted the act.
im not goimg down the line og ive got...blah.blah. blah experiance....she is not going to be be dealt with !!

I have only said she COULD be prosecuted not that she will be. I m not looking to trump experience, you could be a traffic officer, lawyer or whatever. I’m just clarifying the basis for what I have said

Cece54 · 26/09/2024 10:20

Angran1 · 25/09/2024 23:18

back to my previous messsge. only if she knew at the time he he didnt have either and permitted the act.
im not goimg down the line og ive got...blah.blah. blah experiance....she is not going to be be dealt with !!

Yes, but she didn't ask if he had a licence or insurance ..... so by failing to do so she would be held responsible for "permitting" him to drive her car without licence or insurance. Your argument that she "didn't know" wouldn't hold water if she didn't ask.

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