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dave1324
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PostPosted: 22:43 - 24 Jul 2009    Post subject: GUYS THIS IS ERGENT!! Reply with quote

right, well today i was riding my friends motorbike in a carpark, he was just letting me have a go to get used to gears nice and slowly as i'm getting a bike in the next week and taking my cbt,
the police turned up! and then i rode off and gave it back to my mate but they told me that the worst that can happen is disqualification,
i dont have a provisional yet, or insurance!!!
am i completely fucked? or is there hope,
the officer was very understanding about the situation and i have NO criminial record in any area.?
if someone has been in the same situation or they have friends that have been in it please tell me asap,
smashed_sanity@hotmail.co.uk is my msn, if you have any info feel free to add me an tell me.
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Paulington
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PostPosted: 22:47 - 24 Jul 2009    Post subject: Reply with quote

If the police are dealing with it it really isn't urgent, the Police need to get off their arses and actually do something.

However, I imagine if it was an empty carpark they'd be more lenient but if it was quite packed etc etc then maybe they might be a bit tougher on you.

Should have picked some private land instead. Thumbs Up
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The Original Muzza
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PostPosted: 22:49 - 24 Jul 2009    Post subject: Reply with quote

https://farm4.static.flickr.com/3250/2649827282_e1082c7088.jpg

What kind of car park?
Private or public highway car park?
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Jayy
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PostPosted: 22:51 - 24 Jul 2009    Post subject: Reply with quote

You can get banned and points before you even get your lisence. My brother took a friends car and rolled it before he even had a lisence.

He had to take an extended driving test and his insurance at the moment is £3,300 a year on a 1.1 car. He's 21 btw.

Depends what they decide to do but can't see them doing much to be honest?
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wizzzard
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PostPosted: 22:52 - 24 Jul 2009    Post subject: Reply with quote

I'm certainly no expert on the subject but if his bike was taxed then I'm guessing it will be three points for no licence and six for no insurance. If so still three to play with when you get your provisional Wink

I Would hate to have your insurance premiums if it goes that way.
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dave1324
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PostPosted: 23:01 - 24 Jul 2009    Post subject: Reply with quote

there was 1 car in teh car park
and its a public one
the bike is taxed mot'd and insured in my mates name,
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Flip
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PostPosted: 23:04 - 24 Jul 2009    Post subject: Reply with quote

dave1324 wrote:
there was 1 car in teh car park
and its a public one
the bike is taxed mot'd and insured in my mates name,


Doh!

Hope that they do nothing. Otherwise insurance will be harsh I reckon.
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wizzzard
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PostPosted: 23:05 - 24 Jul 2009    Post subject: Reply with quote

As long as your mate isn't getting done over for letting you ride without insurance then thats at least one good thing to come from it Thumbs Up

Expect nine point and bend over for the insurance company Wink
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yuri2085
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PostPosted: 23:11 - 24 Jul 2009    Post subject: Reply with quote

Heres hoping nothing happens, keep us posted.
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Paulington
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PostPosted: 23:12 - 24 Jul 2009    Post subject: Reply with quote

You'll need this when you talk to the insurance company:

https://www.sighost.org/sigs/jnj_ky_jelly_300.jpg
____________________
"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.
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dave1324
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PostPosted: 23:38 - 24 Jul 2009    Post subject: aup nahh? Reply with quote

i was thinking that if it gets taken to court im looking at 6 points and small fine

did a check on my fav insurance provider and it went from £375 - £428 lolz sweeet Smile
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Paulington
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PostPosted: 23:54 - 24 Jul 2009    Post subject: Re: aup nahh? Reply with quote

dave1324 wrote:
i was thinking that if it gets taken to court im looking at 6 points and small fine

did a check on my fav insurance provider and it went from £375 - £428 lolz sweeet Smile

How do you figure six points?

As Wizzzard said, you'll be looking at 3-6 points for no licence with a maximum fine of £1000 and 6-8 points for driving without insurance with a maximum fine of £5000.

Also when you do take your CBT you'll only be allowed another three points before you get disqualified, plus the two offences won't be removed for four years aka you'd only have a 3 point availability for 3 years when if you do get the 12 points you'll be disqualified for 6 months.
____________________
"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.
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L-Jam
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PostPosted: 23:57 - 24 Jul 2009    Post subject: Reply with quote

So the police came and you rode off and gave it back to your mate?

So how did they find out, you phoned them up and told them?
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Mister James
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PostPosted: 00:00 - 25 Jul 2009    Post subject: Reply with quote

The Road Traffic Act 1988 Sect 143 wrote:
"It is an offence to use (or permit to be used) a motor vehicle on a road or public place when there is not in force in relation to the use of the vehicle such a policy of insurance is respect of third party risks as complies with the Road Traffic Act".


Technically your mate could be done as well, as he's allowed you to use the bike knowing that you weren't insured to do so in a public place.

What did the police say to you? Anything along the lines of 'You will be reported for the question to be considered of prosecuting you for........'?

If so - I hope you like walking!


Last edited by Mister James on 00:22 - 25 Jul 2009; edited 1 time in total
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dave1324
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PostPosted: 00:01 - 25 Jul 2009    Post subject: Reply with quote

jonesy boy wrote:
So the police came and you rode off and gave it back to your mate?

So how did they find out, you phoned them up and told them?


they just randomly pulled into the carpark as i was doing a lap around it
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dave1324
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PostPosted: 00:06 - 25 Jul 2009    Post subject: Reply with quote

Quote:
Technically your mate could be done as well, as he's allowed you to use the bike knowing that you weren't insured to do so in a public place.

What did the police say to you? Anything along the lines of 'You will be reported for the question to be considered of prosecuting you for........'?

If so - I hope you like walking!


nahh signed a statement, told that this will be given in at the station

nothing like

you will be proscecuted for drivng without insurance
You will be disqualified
You are being reported for ...... ....... .......

it was like, you might be trialed in court & i asked whats the worst that could come from it and he said presumably a disqualifation....
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Mister James
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PostPosted: 00:24 - 25 Jul 2009    Post subject: Reply with quote

'trialed in court' means you will be prosecuted for something - namely driving without insurance and/or license.
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dave1324
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PostPosted: 00:31 - 25 Jul 2009    Post subject: Reply with quote

oh well suppose im going to have to deal with it now,,, get a good solicitor??
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Paulington
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PostPosted: 00:35 - 25 Jul 2009    Post subject: Reply with quote

I doubt the best solicitor in the world would be able to get you out of 9 points or so and a hefty fine.

Also do solicitors do court proceedings? I thought they only did court proceedings up to Magistrate's Court (not sure what level of court driving offences are prosectued in).
____________________
"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.
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Mister James
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PostPosted: 00:41 - 25 Jul 2009    Post subject: Reply with quote

Both offences are summary ones - it'll be tried at a magistrates' court.

The fact that it was in a quiet car park for a limited period of time may help as mitigation, which may reduce any penalty imposed by the bench - while still illegal, at least you weren't pulling mingers down the high street at school kicking-out time!

It's well worth seeking legal advice, but they are unlikely to be able to help you avoid a conviction as no insurance is an absolute offence - you didn't have it, you were using a vehicle in a public place = guilty.
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dave1324
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PostPosted: 00:43 - 25 Jul 2009    Post subject: Reply with quote

Paulington wrote:
I doubt the best solicitor in the world would be able to get you out of 9 points or so and a hefty fine.

Also do solicitors do court proceedings? I thought they only did court proceedings up to Magistrate's Court (not sure what level of court driving offences are prosectued in).


ohh fuckin hell why does everything in the british law be so fucking complicated, by the time i will be in court i will have a liscence, so technically i had a liscence at the time of the offence just not in my posession... and i told the copper its in the post he said ok, so wont get 3 points for no liscence..
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dave1324
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PostPosted: 00:45 - 25 Jul 2009    Post subject: Reply with quote

Righ off to bed now, gotta be up early as my husky is coming Smile
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Paulington
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PostPosted: 00:58 - 25 Jul 2009    Post subject: Reply with quote

dave1324 wrote:
ohh fuckin hell why does everything in the british law be so fucking complicated, by the time i will be in court i will have a liscence, so technically i had a liscence at the time of the offence just not in my posession... and i told the copper its in the post he said ok, so wont get 3 points for no liscence..

I'm not sure how to construe this whether as:

A) You lied to the copper and said you've posted off for a provisional when you haven't actually.

B) You geniunely haven't recieved your licence yet.

If A, you will have lied on a statement which could be construed as perverting the court of justice or you are just wasting police time or w/e which is rather serious. I'm sure if they really wanted to find out they could just ring up the DVLA and see if you have applied for a provisional or not.

If B, I'm not sure if you are even entitled to ride a bike or drive a car provisionally until you have the licence in your possession which means you'd still get done for no licence, not sure of that though. Either way you'd still get done for no insurance as Mister James said it's an absolute offence. I'm not sure if driving without a licence is absolute as well?
____________________
"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.
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Im-a-Ridah
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PostPosted: 01:36 - 25 Jul 2009    Post subject: Reply with quote

Paulington wrote:
dave1324 wrote:
ohh fuckin hell why does everything in the british law be so fucking complicated, by the time i will be in court i will have a liscence, so technically i had a liscence at the time of the offence just not in my posession... and i told the copper its in the post he said ok, so wont get 3 points for no liscence..

I'm not sure how to construe this whether as:

A) You lied to the copper and said you've posted off for a provisional when you haven't actually.

B) You geniunely haven't recieved your licence yet.

If A, you will have lied on a statement which could be construed as perverting the court of justice or you are just wasting police time or w/e which is rather serious. I'm sure if they really wanted to find out they could just ring up the DVLA and see if you have applied for a provisional or not.

If B, I'm not sure if you are even entitled to ride a bike or drive a car provisionally until you have the licence in your possession which means you'd still get done for no licence, not sure of that though. Either way you'd still get done for no insurance as Mister James said it's an absolute offence. I'm not sure if driving without a licence is absolute as well?


Obviously it is, he was driving, he doesn't have a licence on record = guilty. Nothing he does with his licence after the offence is any good as it will be dated later than the offence (same goes for insurance). As for this sending off for a provisional, he's not done his CBT so it's still no licence. Could be worse though, he could have got taking a vehicle without consent too if his mate said he didn't allow him to drive it in order to save his own skin from being done for aiding and abetting driving without a licence and insurance, easily 6+ points for him!
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Paulington
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PostPosted: 01:46 - 25 Jul 2009    Post subject: Reply with quote

Im-a-Ridah wrote:
Obviously it is, he was driving, he doesn't have a licence on record = guilty. Nothing he does with his licence after the offence is any good as it will be dated later than the offence (same goes for insurance). As for this sending off for a provisional, he's not done his CBT so it's still no licence. Could be worse though, he could have got taking a vehicle without consent too if his mate said he didn't allow him to drive it in order to save his own skin from being done for aiding and abetting driving without a licence and insurance, easily 6+ points for him!

Yeah I thought so, cheers. Trying to remember and think about the legal system at gone 3am really isn't working too well.

To put it bluntly, he's going to get a lot of points and quite a fine I imagine and like you said his mate is going to get into trouble either way so they're both in it deep.
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"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.
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