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Legal question Car related.
big_wasa - 24/10/20 at 05:57 PM

I have a legal question.

Let’s say I was working on a car for mot on my drive. I turn the car around by backing it on to the road and reversing back on to my drive.
A spiteful neighbour rings the police embellishing the facts with some porky pies and police turn up to investigate.

The car is insured but not taxed or tested so I am well aware I am breaking the law by having it on the high way ( small estate ) but the question is can I be nicked for it with out proof ? Ie him catching me, cctv, or me admitting it ?


joneh - 24/10/20 at 06:26 PM

No, you can absolutely legally drive a car to a garage for repair or to an MOT station without an MOT.

Your garage is the garage for repair.


steve m - 24/10/20 at 06:28 PM

Firstly, when you get put away for 500 years, post your prison address and we will arrange some sympathy cards be sent

Yes what you have done is illegal, but trust me, we have ALL done it, and with out any cctv / camera footage, it never happened ?

and thats what i would say,

steve


steve m - 24/10/20 at 06:30 PM

The car HAS to be booked in to a garage for an MOT, and a self garage will not surfice


perksy - 24/10/20 at 06:31 PM

I'd have thought it would at least need CCTV evidence to pursue it otherwise its one persons word against another (unless there's other witnesses)

"Beyond reasonable doubt" and all that

I'd of thought a quick chat and warning if necessary from the police would cover it?


joneh - 24/10/20 at 06:51 PM

quote:
Originally posted by steve m
The car HAS to be booked in to a garage for an MOT, and a self garage will not surfice


I'd argue that, the government website says to can take it away to be fixed.

https://www.gov.uk/getting-an-mot/retests


big_wasa - 24/10/20 at 07:05 PM

Not looking for sympathy. And they most definitely turned up with in about 45 minuets. And if you have ever needed the law you will know that is an unusually rapid response.


jps - 24/10/20 at 07:08 PM

quote:
Originally posted by big_wasa
can I be nicked for it with out proof ? Ie him catching me, cctv, or me admitting it ?

People can be arrested without proof (if you think about it, they often will be!), but I would be amazed if they prosecuted you on the basis of the neighbour dobbing you in. It's not like they give someone a speeding ticket if you swore blind that you'd seen a certain car speeding.
And if they did, if there's no evidence other than the neighbours say so, you can go to court and it'll be your word against theirs = not guilty...


chillis - 24/10/20 at 07:55 PM

This really depends on whether you and your car have come to the attention of the local police while at your current address in the past and how much you have been annoying your neighbours. Winding up your neighbours never ends well I've found.
If your always revving engines and gooning around and/or if kit car mates visit and are reving their engines and gooning around, then your neighbours will only put up with that for a while. Since plod paid you a prompt visit it seems likely your neighbours have had enough. Plod will take a dim view and a small indiscretion maybe enough to tip the balance. Usually Plod will simply talk to you to get your side of the story and then remind you of your responsibilities both regarding the car and your neighbours. Push it though and given the current situation you may just find plod doesn't have much patience. It could range from a fine, points on your licience to the car being seized and crushed.
Hopefully it will just be the former.


big_wasa - 24/10/20 at 08:31 PM

The prompt response was due to the porky pies that I was gooning about with kids playing in the road.
Its more like a retirement village with no kids.

Its run for less than an hour in the last two years. It has a huge exhaust and a cat. And I work plenty of hours. So I can't see how I could upset them that much.

Yes he marked my cards, mentioned there wasn't a child to be seen let alone playing in the road. And said he would leave it at that.


Mr Whippy - 24/10/20 at 09:35 PM

Actually you could have some fun here. Firstly do it again when the car is MOT'd but this time film the whole thing yourself. Then when the neighbour calls the police with some wild story, simply show it to the police and let the neighbour explain why they have submitted a false statement.


joneh - 25/10/20 at 07:44 AM

You have a choice: let it slide and accept your neighbour is a massive tosser.

Retaliate until it ends up in something you both regret!


big_wasa - 25/10/20 at 07:58 AM

Unlike the retired old git that wasted the time of the police I don't have the time or energy to escalate it.

The officer was firm but fare and showed some interest in the car.

It really was a legal question of what he could off actually done just on somebody's say so ?.


perksy - 25/10/20 at 08:49 AM

I don't think he could have done anything on hearsay, other than have a chat


rusty nuts - 25/10/20 at 11:31 AM

I’ve found most coppers are fine IF your not taking the pee,


steve m - 25/10/20 at 11:43 AM

If you want any retaliation advice, i know of quite a few !!
Some ive done, and worked, and some i havnt had the guts to, but know a friend who has, he even took pics and sent them to me


tims31 - 25/10/20 at 02:10 PM

quote:
Originally posted by big_wasa
The prompt response was due to the porky pies that I was gooning about with kids playing in the road.
Its more like a retirement village with no kids.

Its run for less than an hour in the last two years. It has a huge exhaust and a cat. And I work plenty of hours. So I can't see how I could upset them that much.

Yes he marked my cards, mentioned there wasn't a child to be seen let alone playing in the road. And said he would leave it at that.


I'll pop round in mine Wasa, it is road legal but maybe would wake up the retirment home! 45 minutes is probably how long it took them to get from Boston.

Ridiculous considering some of the other cars that you seeing speeding throughout the town currently.


SteveWalker - 25/10/20 at 04:24 PM

If you are just preparing it for an MOT, you are breaking the law (but normally no one would be interested). If, however, it has failed an MOT, you are allowed to drive an untaxed, un-MOTd car (as long as it has insurance) to a place of repair, which does include home. If that place of repair is your driveway and you need to turn it around to access the other side, then arguably, you are still taking it to a place of repair at the point that you are turning it around ... its not going to get repaired unless you can access the other side is it?