Cousin caught on speeding camera

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Thu 12 Sep 2013 16:33
Cousin caught on speeding camera - saanju8

Hi, need some advice

Cousin drove my car without my consent. (stopped at a take away and I went in and she drove away.. not impressed)... 10days later had a NIP turns up in the post that shes been flashed by the speed camera doing 35 on 30(gave her a mouthful).

I have given her UK address on the NIP and sent that back and she recieved an NIP and she agreed that it was her and sent that back as well. She has a non - GB licence. She is going back to her home country for good in couple of weeks. So no speed awareness course and had to pay the fixed penalty with the ghost licence opened in her name in UK. At the moment, We are awaiting for her speed awarness course offer

Till now it is cristal clear

1. Does this speed awarness course offer will have a FPN in it for us to just pay it.

if it doesn't

2. How long do we need to wait for Conditional offer for FNP after the speed awarness course offer declining letter sent back?

3. When we go to the police station how likely they will check the insurance on it?

and if they checked and found out that she doesn't how much fine would it be? does she need to go to court for that bit or can that be settled in the police station (just trying to get a picture of timescales because she is moving aboard for good and I don't want this to come back to me)

Reply | Report as offensive | Link
Thu 12 Sep 2013 17:53
Cousin caught on speeding camera - skidpan

3. When we go to the police station how likely they will check the insurance on it?

and if they checked and found out that she doesn't how much fine would it be?

No idea about points 1 & 2 but you are in a vey difficult situation with point 3.

If you allowed her to drive without insurance you are also guilty and will be fined etc. If she took the car without consent it is theft and the Police will probably wish to treat it as theft. In this case you will not be fined etc but your cousin will get a much heavier penalty

Reply | Report as offensive | Link
Thu 12 Sep 2013 21:34
Cousin caught on speeding camera - saanju8

it can't or I shall say will not be considered as a theft because I (the owner) haven't complained about it..

I know she will be fined heavily and that is fine. She deserves it.

Reply | Report as offensive | Link
Fri 13 Sep 2013 00:02
Cousin caught on speeding camera - bathtub tom

You could be between a rock and a hard place.

Cousin could be accused of 'taking without owners consent' even if you haven't complained.

You could be accused of being complicit of permitting them to drive without insurance if you don't complain.

Reply | Report as offensive | Link
Fri 13 Sep 2013 08:54
Cousin caught on speeding camera - Dwight Van Driver

>>>>> So no speed awareness course and had to pay the fixed penalty with the ghost licence opened in her name in UK.<<<<

?????????????????????

If that is correct then the Conditional Offer (FPN) has been complied with ...end of story. One doesn't pay and also attend speed awareness course-- its one or t'other.

If she has a non GB Licence I am surprised they offerred CO.

dvd

Reply | Report as offensive | Link
Fri 13 Sep 2013 10:06
Cousin caught on speeding camera - nortones2

Ditto. Of course, this could be an imaginary cousin. A figment, who will shortly leave for an unknown destination.

Reply | Report as offensive | Link
Fri 13 Sep 2013 10:49
Cousin caught on speeding camera - skidpan

it can't or I shall say will not be considered as a theft because I (the owner) haven't complained about it..

I know she will be fined heavily and that is fine. She deserves it.

On the off chance this is a real post and not a troll here is how the law woks in the real world.

If you confirm it was not theft your cousin will be charged with driving with no insurance and you will charged for allowing your cousin to drive an uninsurred car.

If you say she took the car without your permission she will be charged with driving without insurance anad taking a car without consent. You will be in the clear.

There is no middle ground, you have to make a decision.

Reply | Report as offensive | Link
Fri 13 Sep 2013 15:43
Cousin caught on speeding camera - Gordon17

Could you tell us what you mean by a "ghost licence"?

Reply | Report as offensive | Link
Fri 13 Sep 2013 16:13
Cousin caught on speeding camera - Dwight Van Driver

In cases where a near relative is involved and especially in the circumstances outlined there is a good chance they would get away with TWOC if charged.

S 12 Theft Act 1968 (TWOC)

A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

a " Ghost record/Licence" is a record created at DVLC of persons not in possession of a UK Road Traffic Act Driving Licence and against whom there are points to be recorded. A virtual receord so that points history can be checked. eg Points cannot be placed on a US Licence

dvd

Reply | Report as offensive | Link
Fri 13 Sep 2013 21:53
Cousin caught on speeding camera - Gordon17

Thanks - I had never heard that term before.

Reply | Report as offensive | Link
Sat 14 Sep 2013 18:34
Cousin caught on speeding camera - saanju8
Thanks a lot guys for your valuble infos

Just one thing tho
Do the police generally check for insurance when you go to the police station to submit you DL and pay the penalty...
Did anyone had a recent experience
Reply | Report as offensive | Link
Fri 4 Oct 2013 11:33
Cousin caught on speeding camera - lancekerry

She should pay fine. Whether you can settle it in police station that is doubtful.

Reply | Report as offensive | Link
Sat 14 Dec 2013 13:58
Cousin caught on speeding camera - saanju8

Yes she paid the fine... Sent to Traffic Police directly through post with a copy of her foreign licence and they accepted the fine and had 3 points to name...on the ghost licence

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance