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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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I need some advice. My son and his friend went to a party.

Customer Question

I need some advice. My son and his friend went to a party. Both of them had to much to drink. My son made the decision to sleep it of in the car. Whilst sleeping his friend took my son's car key and attempted to drive home. This was whilst drunk. He has no licence, no insurance and took the car without given permission. This resulted in him crashing my son's car. Now payments were being made by his friend, and now these have stopped. As a result of this these payments from his friend have now stopped. The advice I am seeking is that can this incident be reported to the police. It has been some time since the incident in June. If not are there any steps that can be taken to get the money. As in small claims court.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How did he get the keys?
Customer: replied 1 year ago.

He took the keys from my son's pocket when he was sleeping.

Expert:  Jo C. replied 1 year ago.
How did he know they were there?
Customer: replied 1 year ago.

Well my son was sleeping at the time and he had been drinking. His friend had also been drinking, and he has also been smoking weed. So bearing in mind that my son had been drinking he was asleep at the time that his car keys were taken from his possession.

Expert:  Jo C. replied 1 year ago.
Yes, I understand all that but the problem is that he had keys so the presumption of the court will be that he was driving with consent.
To convince them he was not you are going to need to explain how he knew he would find keys in his pocket as opposed to elsewhere, why routing through his pockets did wake your son as it normally would, why he didn't report it immediately etc. It is not as simple as just saying his keys were taken. They will want detailed explanation of how this is possible.
You can report it to the police but they are not going to act upon it if this was back in June. I'm afraid this is not something they would be willing to act upon historically and also the practical reality is that even if they were they would probably also charge your son with permitting no insurance for the reasons above.
You can sue at the small claims court but you need to cover the points above to get home on the point. That said, he may not contest it. People often do not.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your help. Would you be able to advise on how my son would go about taking this to a small claims court?

Expert:  Jo C. replied 1 year ago.
It is really easy to issue. You can do so here
www.moneyclaim.gov.uk
but send him a letter before action warning him that you will if he does not resume payments by a certain date first to protect yourself from cost.

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