TWOC – Taking Without Owners Consent

Question:

My 17 year old son rode his friends moped with his permission under the mistaken impression that he was insured through the comprehensive insurance he has for his car. My son then gave a 14 year old friend a lift and was caught by the Police.

At the time the Police asked if he had permission to use the moped because if he hadn’t he would be in trouble, but if he had the owner of the moped would be in trouble.

My son didn’t want to get his friend in trouble for him having another person on the bike, so he stupidly said he didn’t have permission, which is TWOC.

When I found out I told him TWOC is a crime so he must tell the truth.

Now his friend is saying he didn’t give permission for use of the moped, as he doesn’t want to get into trouble himself, so my son and the 14 yr old may be charged with TWOC, yet earlier in the evening the moped owner allowed the 14 year old to ride the moped, even though he knew by the boy’s age he was uninsured and without a licence, my son witnessed this.

We don`t know what to do as my son will lose his placement on his apprenticeship if found guilty of taking without consent.

My son is a provisional driver. What would happen to the moped owner if a) he admitted giving my son permission as he thought he was insured or b) if he continues insisting it was TWOC and my son has to inform the Police he did have permission and the 14 year old had also been given permission and had rode the moped earlier ?

Can the moped owner just drop charges against my son and the 14 year old without getting into trouble? It is only fear of getting into trouble himself, that is making him say it is TWOC.

We really don`t know what to do.

Paula Says:

If the moped owner admits giving permission then he will probably face 6-8 points for permitting your son to drive without insurance. Your son will face 6-8 points for actually driving without insurance.

The moped owner may have a defence if he can persuade the court that he only permitted use on the pre-condition that your son had to be insured.

The moped owner does not have to engage with the police in relation to twoc charges. Its a matter for him but you must not try and dissuade him from doing so. That could be seen as attempting to pervert the course of justice.

The truth is always the best option and taking the consequences. The court will be far more sympathetic if everyone cooperates with the police and tells the truth.