Can police take further action after seizing car from friend?

[oadegunle]

Hi all, I am new to this but just desperate for an answer. My wife borrowed her friend her car today and the friend got stopped by the police. Friend was fined and got points on her license as she is not insured to drive my wife’s car. (My wife has a fully comprehensive valid insurance) The car was seized and we have been told to come and pick the car from the metropolitan police pound in Charlton London. My wife has an existing 6 points on her license from about 3 years ago and this was as a result of not being able to produce valid insurance for a friend who was caught speeding (speed camera) using her car, again she had fully comp insurance at the time. Now here is my question, can she be further prosecuted for allowing someone to drive her car with no insurance? If we pick the car up and she produces her license and they see she’s already got 6 points, what are the implications of that..will they further prosecute especially as it is the same offence as before or will they just release the car and leave her alone after we pay all the storage costs? Another option is to abandon the car as it is pretty old and we were going to get rid of it anyway…if we do that, can they still come after her. Fear really is of any further police action as she may get further points and a ban and all the rest of it. Please advice..thank you.

[ummmm]

Yes they can prosecute her...as they have once already. Abandoning the car won't stop this happening....that will just add extra costs on.

[danchip]

you'll get charged for them disposing of your car and still get into trouble for allowing someone to use her car without insurance!

Hopefully another 6 points will be added and she'll be banned and then she may learn not to do it again!

[ummmm]

You'll probably get charged storage as well...

There was a poster here a while back in a similar position....I think she came back and said that she didn't get points. Just fined...

It was a big risk when she already knew what the consequences will be....I can't see them looking at her with any sympathy.

[factor-fiction]

It's a good job she didn't have an accident and cause damage and personal injury.

[Buenchico]

The law regards permitting someone to drive their car without insurance in exactly the same way as it does actually driving it without insurance. So, yes, your wife can be prosecuted. The minimum number of points that a court can place on someone's licence is 6. (The range is 6 to 8). As it seems likely that that would bring the total to 12 points, a court would be obliged to consider a ban (and to impose one unless there are exceptional circumstances).

You state that the 6 points on your wife's licence are 'from about 3 years ago'. If they're more than 3 years old, she'll have expired and (apart from having to pay a higher insurance premium) she'll have nothing to worry about. If the points were just about to expire, the court might take a lenient view and either not impose a ban or only impose a short one. (Even a short ban, though, is likely to result in at least a doubling of your wife's insurance premium. It may well be quadrupled).

Chris

[Buenchico]

PS: I've just noticed that this has been posted under 'Civil'. Permitting someone to drive without insurance is a criminal offence, and creates (or adds to) a criminal record. I hope that you're not planning to visit the USA, as your wife would almost certainly be refused a visa. (There was a post, here on AB, from someone whose husband had been convicted of two counts of driving without insurance. It took the US authorities 15 months to consider his visa application before rejecting it on the grounds that he was permanently ineligible to enter the USA).

[oadegunle]

Thanks to all....went to the pound earlier...paid £150 to get the car back...police confirmed no further action to be taken against my wife as her friend already got penalty points and a fine.

Lesson learnt though!

[ummmm]

Oh good...bet that's a relief. Now tell her never lend her car out again unless they show her their insurance cert...

[redcrx]

"My wife has a fully comprehensive valid insurance"
"again she had fully comp insurance at the time"

Your wife needs to check her policy documents. Being fully comp insured does not cover anyone to drive her car. She must have the addition of this on her insurance (its not automatic on most policies) PLUS the other driver must have an insurance policy on a car of their own i believe.

otherwise this may happen again.

[twix123]

Before lending out her car again your wife needs to get her car covered for any driver, or ensure that other drivers have their own insurance covering them to drive any vehicle not owned by themselves.