Hi all,

Last Friday I was taken by a surprise to have received a 'Conditional Offer of fixed penalty' from Met police for the alleged offence. Use of a motor vehicle with tyre with any of the ply/cord exposed.

Now the reason I was taken by surprise is because I had no knowledge of it but car and details are mine. I can prove that I was not even in the country so it could not have been me.

the date is early November 2016 and speaking with close family, It dawned upon me that my cousin who holds a provisional licence took that car on that day and when stopped used my details. Now my cousin is no longer in the country and have moved back to Switzerland.

If it was only a matter of £100 fine, it would have just paid and be done with it but i read it says 3 points too..

Any suggestions?

up to you. You can accpet the fine/points if you knew the car was defective or you can drop the relative in it and give all the necessary details to the police TEC office. How much grief are you going to get at home if you dob in your cousin? Bear in mind your insurance will go up a good deal if you get convicted of this so overall you are better off telling it how it is and let your cousin face the consequences of his actions later (probably lose his licence and 2 fines to boot).

How did "it dawn on" the OP the cousin used the car that day over 4 months ago when he was out of the country? Did he own up then or now when challenged by the OP?

How did the cousin get over a docs/identity verification/check? After stopping the Cousin (one must wonder why) did the Police then let the Cousin drive the car away with such a serious defect or make him change the wheel ?

Anyway, putting aside my skepticism about what I've read here, there seems little loyalty among the family if the Cousin avoided his responsibilities when stopped and immediately gave the OP's details at the roadside. In such circumstances I would certainly not seek to protect the cousin by taking his points and adding to my future insurance cost consequences.

Side matters for the Cousin to consider - was he driving without owners consent? - was he insured? - was he aware of the defect?

I don't know that being in Switzerland puts him beyond active interest by the UK Police.

A number of things spring to mind:-

He's on a provisional, so was he accompanied? Does that make the qualified driver equally culpable?

OP says it was his car, and was without his knowledge. Any insurance the driver had would be invalidated by the standard condition of "with the owner's express consent"

Cousin is looking at a charge of perverting the course of justice (with qualified driver, if there was one, guilty of aiding and abetting/conspiring to pervert the course of justice).

In light of above, if the long arm of the law reaches as far as Switzerland, could be looking at a custodial sentence

"on a provisional"... "moved back to Switzerland"

If it was a Swiss provisional licence (if there be such a thing), he would not be allowed to drive in UK - only Full foreign Licences are permitted.

If it was a UK provisional licence, being no longer Resident in UK he probably should have surrendered it to DVLA.

"What a tangled we weave when ......."

I have not been able to speak with him as yet as he is abroad for a month for some English teaching program, all i could do was left email and waiting for response. What I wrote above was info his close friend here told me - so its a bit unclear with his licence details n all but unfortunately I am in the same situation.

If i do not hear anything shortly, It seems like I will be the one taking 3 penalty points and £100 fine n all.. as i have very limited details :@

He is your cousin & he managed to get to drive your vehicle (was that with your permission?).... and now you are reliant on "his close friend" to get his license details, as you have limited details .......

This still doesn't explain how he managed to give your details (& get away with doing so) when stopped, either .......

20th March

Now my cousin is no longer in the country and have moved back to Switzerland.

21st March

I have not been able to speak with him as yet as he is abroad for a month for some English teaching program

Is that abroad from Switzerland where he went back to?

and

so its a bit unclear

Truest words I've read on this thread!

Your cousin appears to have taken your car without the Owners knowledge or consent (theft) - therefore driven it uninsured - driven without a proper full licence holder in the car (him or another sitting alongside) - and when stopped by the Police for whatever reason, lied to them by giving false identity details to deliberately deceive them.

And now he has done a disappearing act from where he disappeared to.

I would suggest you owe him no favours.

I would go straight to the Police with your proof of your own whereabouts on the time/date in question and what you know or were told about the incident, including giving your cousin's identity details as fully as you know.

Afterall he thought nothing of giving yours when caught doing wrong.

But be prepared not to be believed.

At best, that may leave you with the matter of you having kept your own car on the road (depending on where you had parked it when you went away) with a dangerous tyre.