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Old 23rd August 2007, 09:57   #21 (permalink)
patdavies
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Default Re: help with dvla please, removed car in my bay

Quote:
Originally Posted by Zamzara View Post
For TWOC to be committed the vehicle has to be used as a conveyance, i.e. carrying a person inside it.
I don't think so, the offence is not driving without the owner's consent. it is taking without the owner's consent.

Car thieves who tow or lift a car are still TWOCing.
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Old 23rd August 2007, 18:25   #22 (permalink)
Zamzara
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Default Re: help with dvla please, removed car in my bay

TWOC - Wikipedia, the free encyclopedia

It doesn't give an online reference unfortunately.
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Old 23rd August 2007, 20:58   #23 (permalink)
patdavies
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Default Re: help with dvla please, removed car in my bay

Reference is the Theft Act 1968. S.12(1) is the germane section

Quote:
12. Taking motor vehicle or other conveyance without authority
(1) Subject to subsections (5) and (6) below, a person shall be guilty of an offence if,
without having the consent of the owner or other lawful authority, he takes any conveyance
for his own or another’s use or, knowing that any conveyance has been taken without such
authority, drives it or allows himself to be carried in or on it.
To my mind, this creates three condition, each of which gives rise to an offence.

1) taking any conveyance for his own or another's use;
2) drives it;
3) allows himself to be carried on or in.

Use is not defined as driving. I would submit that NCP's 'use' is that they are using the vehicle removal as a punishment.

I am not a lawyer; I don't know - but it is an interesting point.

However, there are other provisions of the Act that apply since NCP intended to permanently deprive the owner of his property (by taking and crushing it) then plain, old, ordinary theft applies.

Section 6(1) states

6. ‘With the intention of permanently depriving the other of it’
Quote:
(1) A person appropriating property belonging to another without meaning the other
permanently to lose the thing itself is nevertheless to be regarded as having the intention of
permanently depriving the other of it if his intention is to treat the thing as his own to
dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to
so treating it if, but only if, the borrowing or lending is for a period and in circumstances
making it equivalent to an outright taking or disposal.
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