Can we, yes we can - Test drives

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Tue 23 Feb 2021 17:23
Can we, yes we can - Test drives - Maxime.

uk.yahoo.com/news/car-buyers-test-drive-under-1647...l

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Tue 23 Feb 2021 20:44
Can we, yes we can - Test drives - brum

Appears to be a safe link to a Yahoo news article (scanned with virustotal)

Basically its an article promoting a solicitors view that if you pay a deposit (remotely or online) so in effect buy the car, and the dealer drops it off outside your home, you can go for a jolly old test drive and then phone the dealer and ask for your deposit back under 14 day distance selling regulations.

Doesn't answer the question of what happens if the police pull you over, is the journey essential sir? The solicitor are willing to defend you though if you receive a fine, how nice of them. Wonder if that will be at no charge? Not stated in the article.

Whats to lose?

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Wed 24 Feb 2021 11:15
Can we, yes we can - Test drives - Middleman

Doesn't answer the question of what happens if the police pull you over, is the journey essential sir?

There is no mention of the term "essential" in the legislation at all and that is not a test the police should be applying. You have to have a "reasonable excuse" to leave home and remain outside. Let's imagine that you need a car to either get to or undertake your work and that work cannot be done at home. If your current one is out of commission for some reason such that you need a replacement (perhaps if it stolen or written off) it would be reasonable for you to travel to buy one. In the course of that purchase it would be reasonable to have a short test drive.

Yes, you could get away without a car: you might choose to give up your job; you might choose instead to take three buses and a train to get there (provided you only needed to get to one place). The test is whether those alternatives are so compelling that it makes your choice of travelling to buy a car unreasonable. It is very unlikely the police would choose to make those tests. They would almost certainly issue you with a Fixed Penalty and let you choose whether or not to face a prosecution. Then a court would decide if your actions were reasonable.

Of course if you wanted to buy a car simply because you fancied a change that would not be reasonable.

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Wed 24 Feb 2021 11:39
Can we, yes we can - Test drives - Andrew-T

<< ... the police ... would almost certainly issue you with a Fixed Penalty and let you choose whether to face a prosecution. Then a court would decide if your actions were reasonable. >>

If the court finds in your favour in this scenario, would a paid Fixed Penalty be refunded ?

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Wed 24 Feb 2021 11:54
Can we, yes we can - Test drives - Ian_SW

This scenario is pretty much what a large car supermarket is doing at the moment. You buy the car, they deliver to to you for free, and provided you don't do more than I think 50 miles they will take it back for free within 7 days if you don't want it.

There is a clause in there that they reserve the right to sell it to you in the first place if they believe you never intend to keep it, so presumably that means realistically you could try one car and swap for another, but they'd probably not send a third one if you returned the second car they sent.

In terms of the legality of driving it, provided the "test drive" is a journey you'd be allowed to make anyway (e.g. to the supermarket, work etc.) that would be fine. Realistically, if you don't need to do one of those within 7 days, there's not much point wasting money buying a new car at the moment.

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Wed 24 Feb 2021 11:54
Can we, yes we can - Test drives - Ian_SW

(Duplicate post)

Edited by Avant on 24/02/2021 at 16:39

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Wed 24 Feb 2021 12:25
Can we, yes we can - Test drives - RT

<< ... the police ... would almost certainly issue you with a Fixed Penalty and let you choose whether to face a prosecution. Then a court would decide if your actions were reasonable. >>

If the court finds in your favour in this scenario, would a paid Fixed Penalty be refunded ?

It doesn't work like that - if you accept the FPN you pay, if you don't accept it or want your day in court, you don't pay until the court decision.

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Wed 24 Feb 2021 16:38
Can we, yes we can - Test drives - Middleman

It doesn't work like that - if you accept the FPN you pay, if you don't accept it or want your day in court, you don't pay until the court decision.

And if convicted you would then be sentenced in accordance with the normal sentencing guidelines. These ensure fines are calculated on the basis of income and they must be assessed with ability to pay as a consideration. That is why I chuckle a bit when I hear of the £10,000 fixed penalties that are being handed out. A court cannot fine a person a sum which is clearly beyond his means to pay. More than that, when paying by instalments a fine must generally be paid within twelve months. So to secure a fine of £10k the defendant would have to be able to afford £200 per week. That is why, I imagine, so few of the £10k FPs that have been issued have been paid:

Covid: Only a fraction of £10,000 lockdown fines have been paid with dozens contested or ignored | ITV News

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