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mcneil | 15:11 Mon 07th May 2007 | Law
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Basically, the story is that i decided to borrow my mums car for the day while she was out. I reversed into my friends car by accident and then his parents came and rang the police saying i had no insurance. The police took a statement and then took my car away. The reason i am confused is that it was in a private car park, the policeman said to me that i would not be banned but i didnt understand why! So far my mum had picked up the car and we have paid mutually for the persons car i reversed into. The policeman said he has to interview my mum and decide with her if she wants to press charges against me for taken her car without consent. So the question i wanted to ask is what will happen to me if my mum decides not to press charges? will i be banned? will i get points? does it matter that it was in a private car park?will i go to court? I really appreciate some advice! i know i have been a complete idiot and i deserve to take it like a grown up but i would be very grateful for your advice. Thanking you! P.S i have a driving license and i have had it for just under a year now
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You have been a right royal fool and you are very, very lucky you weren't caught on a public road. As the law stands anyone can drive a vehicle without insurance on a private road as long as they have the owner's consent, so unless the owner of the carpark decides to press charges you'll have got away with it.
Not necessarily... although probably.

Here's a scenario: The car had to get to the carpark and the policeman asked you how you got there, and you panicked and admitted driving on a public highway...?

In that case, you could be looking at your mum being done for loaning a car to an uninsured driver, and losing her car, or you being done for taking without permission, no insurance etc.

Just a scenario, but probably never come to that. But it might make you think in future. By the way, it sounds like you're being mature about this, but can I ask how you'd manage if someone had been hit by you - say a kid? How would their lives have been affected with no insurance back-up? However, I'm sure you've thought about all that since, and your current attitude is commendable.
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well i told the policeman that i drove on the public highway! and he took it down in a statement! he said it was totally up to my mum if she wanted to press charges and i said i took it without consent. so does this change the situation? please reply
Never ever ever ever ever ever EVER admit you were in the wrong to the police, even if they find you standing over the body holding the knife. As it stands you could be prosecuted as you admitted to an officer that you drove uninsured on a public highway, and they have a statement that confirms that. However, given the amount of paperwork involved in such a case, it is unlikely anything more will come of it. Cross everything you have and sacrifice something to whichever god you worship.
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ok so basically does it all depend on what the police officer says? because my mum is not going to prosecute against me ! Will i be liable to points or anything or is it just how nice the officer decides to be! please reply i appreciate it very much for your advice thankyou
What the Policeman will consider after talking to your mother is to charge you with taking the vehicle without the owners consent (the fact that your mother is the owner makes no difference in law) driving without insurance and, if your mother should state that she gave permission for you to use the vehicle (to try to save your skin) then your mother could be reported for aiding and abetting the offences.... I can see no reason why the officer should have taken the car away?..............irrepective of wether your mum does or does not wish to press charges is irrelevant, the offence has been committed so you could still be charged. It will be up to the court to decide to a ban or not after they take all the facts into consideration. The courts will also decide on wether or not you receive penalty points, I reckon on 6 points here. and no it does not matter wether it was classed as a private car park. The law states if the public have access without payment etc. there is more to it than that but you are still liable for prosecution. And if a prosecution is forthcoming then on this particular case I would think that yes you will have to attend court (taking along your driving licence) due to the nature of the offences. I hope this clears up some or all your queries
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Thankyou very much dinoboxer! that does clear up all my queries! recently i have heard from the policeman and he said that he has to forward it to his superior so we havnt heard any news yet. I was just wondering whether this may affect anything as i have paid for all damages to the car i hit and also i have had no other previous charges of anything at all! so no criminal record or nothing! Do you think this will make any slight difference? is there anyway i could just get let off with a warning? I honestly have truly learnt my lesson! PLease reply back as soon as possible

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