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Reply 20
Original post by NessEB
Write to the Police asking for photographic evidence that it was you or her driving.


Photographic evidence will be enclosed within the summons.
Original post by MsCourtney
Picture from the front, but are these images clear enough to see the driver in the photo?


She is insured.


She is not insured as she would only be insured to be driving with somebody suitable in the passenger seat. As you said she was alone her insurance would be invalid.
Reply 22
Original post by Rybee
Yes they are, that's their purpose, because people kept evading Gatso pictures because they couldn't identify the driver. Truvelo's specifically picture the driver to confirm who committed the offence.

She may also be prosecuted with TWOC.



Ok so its likely that they know it wasn't me driving then?

Will I get into trouble if I say I knew she took the car? (In reality I didn't know specifically on that occasion)

Will she be arrested or anything that can prevent her getting employment and such?

My sister does resemble me but in a clear high resolution photo she would look different and she has dyed her hair which obviously makes her distinguishable.
(edited 11 years ago)
Reply 23
Original post by Deuce_bigalow
She is not insured as she would only be insured to be driving with somebody suitable in the passenger seat. As you said she was alone her insurance would be invalid.


That is a valid point now that I think of it.
Reply 24
Original post by MsCourtney
My sister was driving my car and she says she thinks a camera flashed as she passed and she was above the limit. She currently has no license but is going for a test soon.

What will happen from now on? Will I have to pay the fine?

I've already had motor related trouble myself and currently have 4 points for speeding and following an accident I got "Driving without due care and attention" but that was removed after a court battle.

So will I get a fixed penalty notice by mail and have to pay that?


So it's not just you who has a completely irresponsible attitude to driving then? You deserved everything you got for the driving without due care and attention incident (IMO you should have got more), and now your sister is in trouble for driving-related offenses??!! :eek:
Call the police :yawn:!
(edited 11 years ago)
Reply 26
Original post by MsCourtney
Picture from the front, but are these images clear enough to see the driver in the photo?


She is insured.


If she only has a provisional licence and is driving your car on her own AND without your permission, she is not insured. Any insurance for a provisional licence holder is only valid if they a)are insured on that particular vehicle and b) are accompanied by someone over 21 who has held a licence for more than 3 years.
Reply 27
Original post by MsCourtney
Ok so its likely that they know it wasn't me driving then?

Will I get into trouble if I say I knew she took the car? (In reality I didn't know specifically on that occasion)

Will she be arrested or anything that can prevent her getting employment and such?

My sister does resemble me but in a clear high resolution photo she would look different.


Are you an idiot :lolwut: Why did you allow your sister to take the car multiple times without you in the car? Or at least being sure that another 'over 21 blah blah blah' driver was in the car.

Hopefully one or both of you get banned and fined :h:
Reply 28
Original post by MsCourtney
Ok so its likely that they know it wasn't me driving then?

Will I get into trouble if I say I knew she took the car? (In reality I didn't know specifically on that occasion)

Will she be arrested or anything that can prevent her getting employment and such?


Yes you can. You'd just have to say that you gave her permission to drive the car, obviously with a qualified passenger driver to make her insured. Then she wont be done for TWOC because you consented. Just invalid insurance, speeding, and invalid license. Even though she's committed invalid insurance and invalid license she will get let off ever so slightly because the crimes go hand in hand. If she wasn't driving with a valid license, automatically, her insurance wouldn't be valid.

She wont be arrested, but she'll be summoned to court and if found guilty then yes she'll have a criminal record for driving without valid insurance and driving without a valid license. She'd have to state this on any application that asked about any previous criminal convictions.

I'm sure that they qualify under the rehab offenders act doodah and will become 'spent' after a period of time. Say 5 years, after which they will stay on her record but she does not have to declare them. That's just my instinct/guess and I'd have to double check before advising you on that.


re: who was driving, if the summons comes through the post with no picture of her or you, it's up to you to decide who was driving and if you want to take the points for your sister then you can say you. If the summons does include a picture, which I'm sure it will, then you can say it was you... but if they find out that it wasn't then you'll be done with perverting the court of justice and be in the same situation that Chris Huhne and Vicky Pryce were in, which ended in a prison sentence.
(edited 11 years ago)
Reply 29
Original post by askew116
So it's not just you who has a completely irresponsible attitude to driving then? You deserved everything you got for the driving without due care and attention incident (IMO you should have got more), and now your sister is in trouble for driving-related offenses??!! :eek:


I didn't get problems for driving without care it was removed as I won the court case.
Reply 30
Original post by Rybee
Yes you can. You'd just have to say that you gave her permission to drive the car, obviously with a qualified passenger driver to make her insured. Then she wont be done for TWOC because you consented. Just invalid insurance, speeding, and invalid license. Even though she's committed invalid insurance and invalid license she will get let off ever so slightly because the crimes go hand in hand. If she wasn't driving with a valid license, automatically, her insurance wouldn't be valid.

She wont be arrested, but she'll be summoned to court and if found guilty then yes she'll have a criminal record for driving without valid insurance and driving without a valid license. She'd have to state this on any application that asked about any previous criminal convictions.

I'm sure that they qualify under the rehab offenders act doodah and will become 'spent' after a period of time. Say 5 years, after which they will stay on her record but she does not have to declare them. That's just my instinct/guess and I'd have to double check before advising you on that.


What happens if she is overseas when the court summons comes in my hands and I say its her but she is abroad. She will be going to Canada shortly and plans to settle there (my sister and I are dual residents).
Reply 31
Original post by MsCourtney
I didn't get problems for driving without care it was removed as I won the court case.


That's not the point though. Regardless, you acted extremely irresponsibly in that case, and now your sister is in trouble (potentially) for driving related offenses.

In both incidents you've asked on here for advice on what you can 'say' to minimise any punishment, regardless of the truth. It shows you have a complete disregard for the law, and for other motorists, and I hope you're not driving anywhere near the towns and cities I live and visit, quite honestly.
Reply 32
Original post by MsCourtney
I didn't get problems for driving without care it was removed as I won the court case.


Despite the flack you're getting from other members I feel for you. If it was my brother I'd be thinking the same and I'd take points for him a the click of my fingers if it means he avoided a criminal record and a heavy fine/ban. We all do stupid **** but he's my brother... He's taken flack for me in the past and always looked out for me so I'd be willing to break the law to help him.
Reply 33
Original post by MsCourtney
What happens if she is overseas when the court summons comes in my hands and I say its her but she is abroad. She will be going to Canada shortly and plans to settle there (my sister and I are dual residents).


Erm to be honest I don't know. If you say it was her driving, they'll then re-send the summons to her. And you'd have to reply stating that she does not live in the UK anymore.

It's likely that they will set a court date anyway and if she appears then whatever penalties apply, will be endorsed on her. If she chooses not to go then the court they may find her guilty in absentia, so the case will go to court and proceed in her absence. She can have legal representation go on her behalf, but she wont attend in person. As soon as she steps back in the UK the courts/police will be after her like a dog after a bone.
Reply 34
Original post by Rybee
Despite the flack you're getting from other members I feel for you. If it was my brother I'd be thinking the same and I'd take points for him a the click of my fingers if it means he avoided a criminal record and a heavy fine/ban. We all do stupid **** but he's my brother... He's taken flack for me in the past and always looked out for me so I'd be willing to break the law to help him.


True it was stupid. And she is very close to me and nice and I would not want her to have a criminal record.
Reply 35
Original post by MsCourtney
My sister was driving my car and she says she thinks a camera flashed as she passed and she was above the limit. She currently has no license but is going for a test soon.

What will happen from now on? Will I have to pay the fine?

I've already had motor related trouble myself and currently have 4 points for speeding and following an accident I got "Driving without due care and attention" but that was removed after a court battle.

So will I get a fixed penalty notice by mail and have to pay that?


Quite the quandry.

You'll receive a ticket in the post and thus a £60 fine and 3 points, which if you've been qualified for less than 2 years will mean you lose your licence.

On the other hand, you say it was your sister.

You then have 2 choices - either you gave her consent to take the car, in which case she gets the points for speeding, driving otherwise in accordance with a licence and driving with no insurance, and you get a summons for allowing someone to drive the vehicle without insurance.

Or

You say that she didn't have your consent, she gets arrested for taking a motor vehicle without consent as well as all of the above, but you get away scot free.

I think that about covers it.

Enjoy.
Original post by MsCourtney
True it was stupid. And she is very close to me and nice and I would not want her to have a criminal record.


I am sure that you don't

However, she has behaved in a criminal manner so ... ...
Original post by MsCourtney
True it was stupid. And she is very close to me and nice and I would not want her to have a criminal record.


Are you wanting to take the fall for her? She knew what she was doing, she deserves the charges she faces.
Original post by MsCourtney
What happens if she is overseas when the court summons comes in my hands and I say its her but she is abroad. She will be going to Canada shortly and plans to settle there (my sister and I are dual residents).


i'd imagine she'd be required to return to the UK for the court summon, they're not going to be like "oh well, she's abroad so we'll just forget about it"
Reply 38
Original post by Rybee
Erm to be honest I don't know. If you say it was her driving, they'll then re-send the summons to her. And you'd have to reply stating that she does not live in the UK anymore.

It's likely that they will set a court date anyway and if she appears then whatever penalties apply, will be endorsed on her. If she chooses not to go then the court they may find her guilty in absentia, so the case will go to court and proceed in her absence. She can have legal representation go on her behalf, but she wont attend in person. As soon as she steps back in the UK the courts/police will be after her like a dog after a bone.


Thanks for the help. Apparently I think its best to wait and decide, if I get the photographic evidence, and it seems acceptable, I will **assume that I must have been speeding and not realised I got flashed and pay my fine**.

What if no one replies and we are both not in the UK (if it takes really long this could happen)?
Reply 39
Original post by Mad Vlad
Quite the quandry.

You'll receive a ticket in the post and thus a £60 fine and 3 points, which if you've been qualified for less than 2 years will mean you lose your licence.

On the other hand, you say it was your sister.

You then have 2 choices - either you gave her consent to take the car, in which case she gets the points for speeding, driving otherwise in accordance with a licence and driving with no insurance, and you get a summons for allowing someone to drive the vehicle without insurance.

Or

You say that she didn't have your consent, she gets arrested for taking a motor vehicle without consent as well as all of the above, but you get away scot free.

I think that about covers it.

Enjoy.


I disagree with quite a lot of that. You wont receive a ticket for £60 and 3 points without admitting liability for either you or your sister first. So point 2 is invalid.

And you wont get a summons for allowing someone to drive without insurance. That's not your concern. You gave her consent to drive your vehicle, whether she does so legally or illegally is not within your power or control. You know she is able to drive the car legally, if she is with a valid passenger, as far as that goes, whether she opts to drive with such passenger isn't your concern (legally).

You can just say you gave her permission to drive the car, and whether she does so legally or illegally is not you problem. You've given consent and that's that.

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