20/09/06 at 2am my friend (age31) was driving my car by telling me that he is eligible to drive. But a minute later police caught him because he was driving without the headlights on. And police found out that he didn’t have the insurance. Police asked me whether I asked him he had insurance or not. I said, he told me that he is eligible to drive. This is why I allowed him to drive. During the interrogation he informed the police that he is going back to his country this month as his visa expires. On 5/12/6 I received fixed penalty from court but surprisingly he didn’t get any letter. Can I appeal since I asked him whether he is eligible or not. Can I request them to make it 5 points or attending a driving school so that my License doesn’t get revoked as it will hamper my earnings? Please tell me what is the best thing to do?
Please note I am in probationary period (aug 05) and this is my 1st offence.
2006-12-18 13:47:12 · 11 answers · asked by mhossan 1 in Cars & Transportation ➔ Insurance & Registration
If he told u he was covered its not your problem plus if he was driving the points should not go on your licence anyway!
2006-12-18 13:52:39 · answer #1 · answered by toneuk 2 · 0⤊ 4⤋
Did you ask to see his Driving License and Insurance certificate? From what you've written above it seems not and you just took his word for it. As you are the owner of the vehicle you are responsible for whoever you loan it to, and the onus is on you to ensure that any person you allow to drive it has all the necessary documentation. You have already admitted to the police that you did not check for insurance cover - being "eligible" to drive is not the same. You can try appealling but it is very unlikely that you will be successful - as for making the tally "5" points well each offence carries a set number of points - I think you're lumbered.
2006-12-18 23:05:19 · answer #2 · answered by ragingmk 6 · 4⤊ 0⤋
No point in appealing ! the fact that he lied to you makes no difference at all ! YOU are responsible for who drive`s your car !
Plus the amount it would cost for the appeal & solicitor`s fee`s would be considerably more than the actual cost of the driving test again .
if your friend had been involved in an accident or knocked someone over you could of been looking at a prison sentence . You have learned a very valuable lesson the hard way ! Pay the fine and take your punishment !
2006-12-19 08:47:41 · answer #3 · answered by charlotterobo 4 · 2⤊ 1⤋
You are responsible for someone else driving your vehicle, just by them telling you they can doesnt wash with the police, they will say you should off seen their insurance and driving licience. I'm affraid its called aiding and abetting. Unless you say he stole it. Your penalty will be more severe than his.
Been there, ex friend told me they had licience, borrowed my car, got stopped. I was at home in bed I got done for letting someone drive my car with no licience, no insurance no anything. My only defence was " but they said they did have" why should a friend lie? I got fined £100 more than they did and got points on my licience. I learnt the hard way.
2006-12-21 16:12:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
What makes a mockery of it is if you said that he was driving WITHOUT your consent, eg. borrowed it without your knowledge, YOU wouldn't have received any penalties. But by trying to be honest you fell foul of the law.
Fixed penalty notices are that - Fixed. As it would mean a ban & losing your licence you will probably get a summons to appear in court to 'appeal' to have it reduced or overturned (unlikely).
Best of luck anyway.
2006-12-19 06:28:56 · answer #5 · answered by creviazuk 6 · 0⤊ 0⤋
you need to take urgent legal advice . The law states that as the owner of the car you are liable to ensure that any driver you allow to drive it is compliant with insurance licence etc.You will need to prove that you asked your friend if he was OK to drive .If you cannot then you will be held responsible. One possibility's a sworn Alfi davit from your friend that he misinformed you when you asked him ,but as I said take legal advice with a specialist solicitor
2006-12-19 15:23:44 · answer #6 · answered by The Fat Controller 5 · 1⤊ 2⤋
i am afraid that you are responsible for the car and any person who drives it has cover either your insurance as any driver or he as at least 3rd party insurance of is own.dont hold much hope but if you have aa/rac/union membership,even house insurance with legal cover you might get legal advice from them.
2006-12-18 22:11:40 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Get a good lawyer and go to court, plead to be allowed to keep your license as you were acting in good faith.
2006-12-18 22:11:39 · answer #8 · answered by "Call me Dave" 5 · 1⤊ 2⤋
You've clearly got grounds to appeal, if you were duped into believing your 'friend' had insurance. If necessary, get the appropriate legal advice.
2006-12-18 21:59:17 · answer #9 · answered by mr_carburettor 3 · 1⤊ 3⤋
its your responsibility to see his license and proof of insurance as the owner.
2006-12-18 22:33:56 · answer #10 · answered by sidekick 6 · 4⤊ 0⤋