Advice on this one please.

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Discussion

T66ORA

Original Poster:

3,474 posts

257 months

Friday 27th May 2016
quotequote all
Young girl from the office has received a Nip from a Scamera van 48 in a 40, as she is the registered keeper. She remembers the incident as her boyfriend was driving and they were arguing at the time. The reason for arguing is relevant as he is Bulgarian and was going back home having not found any work, she has been dumped basically!
She has found a contact address in Bulgaria, but wants to know what the likely outcome will be, as she thinks the ex-BF will just either ignore any correspondence or just say "not me mate" and then it will come back on her, already on 3 points, and driving less than a year, so retest time? Not fair I know, but what do we all reckon???

agtlaw

6,712 posts

206 months

Friday 27th May 2016
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The old ones are the best.

TooMany2cvs

29,008 posts

126 months

Friday 27th May 2016
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agtlaw said:
The old ones are the best.
I hope she can prove he was on the insurance at the time.

elanfan

5,520 posts

227 months

Saturday 28th May 2016
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Hopefully the images they have show a bloke driving. If the story is factual I'd be surprised if there was an issue, just name him on the 172. If you anticipate further questions being raised then preempt them with a covering letter.

Insurance is completely irrelevant he could quite easily have his own cover. Don't get distracted by this.

number 46

1,019 posts

248 months

Saturday 28th May 2016
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An unemployed Bulgarian with his own car insurance! ... yea,that seems likely!!?

TwigtheWonderkid

43,370 posts

150 months

Saturday 28th May 2016
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number 46 said:
An unemployed Bulgarian with his own car insurance! ... yea,that seems likely!!?
Whether it's likely or not isn't relevant. Fact is it isn't impossible. He was probably a named driver on her policy but if not, it still isn't an issue for her.

agtlaw

6,712 posts

206 months

Saturday 28th May 2016
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TwigtheWonderkid said:
but if not, it still isn't an issue for her.
Wrong.

Rangeroverover

1,523 posts

111 months

Saturday 28th May 2016
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Dear AGT Law and PH,
Do you think we could have a "qualified access" section on PH so only people who are qualified to answer questions can do so. I get really fed up with the bar room briefs.."well if the constable wasn't wearing his hat you weren't properly cautioned"

I worry that some people will rely on the poor advice trotted out.

ModernAndy

2,094 posts

135 months

Saturday 28th May 2016
quotequote all
Rangeroverover said:
Dear AGT Law and PH,
Do you think we could have a "qualified access" section on PH so only people who are qualified to answer questions can do so. I get really fed up with the bar room briefs.."well if the constable wasn't wearing his hat you weren't properly cautioned"

I worry that some people will rely on the poor advice trotted out.
While I'm glad actually qualified people do comment and give proper advice, I think it's a bit of an imposition on them creating what would essentially be a free legal advice section.

22

2,303 posts

137 months

Saturday 28th May 2016
quotequote all
ModernAndy said:
Rangeroverover said:
Dear AGT Law and PH,
Do you think we could have a "qualified access" section on PH so only people who are qualified to answer questions can do so. I get really fed up with the bar room briefs.."well if the constable wasn't wearing his hat you weren't properly cautioned"

I worry that some people will rely on the poor advice trotted out.
While I'm glad actually qualified people do comment and give proper advice, I think it's a bit of an imposition on them creating what would essentially be a free legal advice section.
And most of the time, the 'actually qualified' people don't agree.

Greendubber

13,209 posts

203 months

Saturday 28th May 2016
quotequote all
Rangeroverover said:
Dear AGT Law and PH,
Do you think we could have a "qualified access" section on PH so only people who are qualified to answer questions can do so. I get really fed up with the bar room briefs.."well if the constable wasn't wearing his hat you weren't properly cautioned"

I worry that some people will rely on the poor advice trotted out.
If people take legal advice from an internet forum then they deserve everything they get.... seek proper advice FFS.

Helicopter123

8,831 posts

156 months

Saturday 28th May 2016
quotequote all
agtlaw said:
TwigtheWonderkid said:
but if not, it still isn't an issue for her.
Wrong.
+1

BlueHave

4,651 posts

108 months

Saturday 28th May 2016
quotequote all
Helicopter123 said:
agtlaw said:
TwigtheWonderkid said:
but if not, it still isn't an issue for her.
Wrong.
+1
If she doesn't admit he was driving and provide an address in Bulgaria or even does a Chris Hulme and lies ( not advisable) then she will be up in front of Judge Rinder within a few months.

Red Devil

13,060 posts

208 months

Saturday 28th May 2016
quotequote all
ModernAndy said:
Rangeroverover said:
Dear AGT Law and PH,
Do you think we could have a "qualified access" section on PH so only people who are qualified to answer questions can do so. I get really fed up with the bar room briefs.."well if the constable wasn't wearing his hat you weren't properly cautioned"

I worry that some people will rely on the poor advice trotted out.
While I'm glad actually qualified people do comment and give proper advice, I think it's a bit of an imposition on them creating what would essentially be a free legal advice section.
Where is it stipulated that anyone so qualified is compelled to post? Any that such contributors make now is 'free legal advice' so it will change nothing except filtering out the irrelevant/incorrect dross.


T66ORA said:
She has found a contact address in Bulgaria, but wants to know what the likely outcome will be, as she thinks the ex-BF will just either ignore any correspondence or just say "not me mate" and then it will come back on her, already on 3 points, and driving less than a year, so retest time? Not fair I know, but what do we all reckon???
She will have complied with the S.172 request. However as it's an obvious tactic by those who abuse the system she can expect it to be subject to further investigation and be on the receiving end of further questions.

OP, have a look at this.

Even if she has told the truth and the speeding charge can't be proceeded with because the driver is out of their reach, one thing that is likely to be looked at is whether THAT driver was covered to drive THAT vehicle for THAT purpose on THAT occasion: RTA 1988 Section 143(1)(b). See here.

Otoh, if she has been 'economical with the truth' then she could be looking at PCoJ and time inside.

ModernAndy

2,094 posts

135 months

Saturday 28th May 2016
quotequote all
I am aware that nobody will be forced to post there. I think you may have missed the point I was making but apart from that you're going to have difficulty policing such a forum. I really don't see there being a problem with the way things are now anyway.

Trabi601

4,865 posts

95 months

Saturday 28th May 2016
quotequote all
elanfan said:
Hopefully the images they have show a bloke driving. If the story is factual I'd be surprised if there was an issue, just name him on the 172. If you anticipate further questions being raised then preempt them with a covering letter.

Insurance is completely irrelevant he could quite easily have his own cover. Don't get distracted by this.
If he *was* driving, but didn't have appropriate insurance cover, the girl in question may well be better off taking the hit on the 3 points and fine for speeding, rather than the penalty for allowing her car to be driven by a driver without appropriate insurance cover. If she is no longer in contact with the mystery Eastern European, then proving he had appropriate insurance (if not covered as a named driver), could be challenging.

agtlaw

6,712 posts

206 months

Saturday 28th May 2016
quotequote all
Trabi601 said:
elanfan said:
Hopefully the images they have show a bloke driving. If the story is factual I'd be surprised if there was an issue, just name him on the 172. If you anticipate further questions being raised then preempt them with a covering letter.

Insurance is completely irrelevant he could quite easily have his own cover. Don't get distracted by this.
If he *was* driving, but didn't have appropriate insurance cover, the girl in question may well be better off taking the hit on the 3 points and fine for speeding, rather than the penalty for allowing her car to be driven by a driver without appropriate insurance cover. If she is no longer in contact with the mystery Eastern European, then proving he had appropriate insurance (if not covered as a named driver), could be challenging.
I've been there with this (a few times). D nominated foreign driver. D prosecuted for allowing the car to be driven with no insurance. It was most definitely not a case of "not his issue" or "completely irrelevant" - the police will investigate in appropriate cases.

Mill Wheel

6,149 posts

196 months

Sunday 29th May 2016
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In France, it is the CAR that is insured rather than the driver, and the insurance is displayed in the windscreen via a sticker.

When my father was taken ill while we were out, I was able to take the wheel and drive him to hospital, then drive my mother home without the worry of wondering if I was covered.
Would this not be a more certain way of doing things here?

Magic919

14,126 posts

201 months

Sunday 29th May 2016
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We used to have 'any driver' policies in the UK. Stopped many years ago. I don't know what the French do about fronting and the like.

The Moose

22,847 posts

209 months

Sunday 29th May 2016
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Magic919 said:
We used to have 'any driver' policies in the UK. Stopped many years ago. I don't know what the French do about fronting and the like.
Probably just have another bottle of red and half a baguette

wink