My motability car is going to be removed

Bujibuji
Bujibuji Community member Posts: 1 Listener
in Transport and travel 
I find it unfair that RAS and Motability decide to withdraw my car because of a fault that I did not commit. Indeed I was at home when I learned that my car had had an accident. Didn't know my wife went out with the car As she was driving the car with a provisional license without me so Motability decides We have committed serious misconduct

I find it unfair to be condemned and punished because of a fault that I did not commit. Think of me and my children who are deprived of transport because of the fault of their mama
Can you help me
What should I do to stop this decision?

Comments

  • Biblioklept
    Biblioklept Community member Posts: 5,160 Championing
    edited August 2022
    @Bujibuji I don't know a huge amount about Motability but have been looking into it this week and I'm fairly certain your wife is only supposed to use the car for your benefit. So if you weren't even aware she was out using it I guess they could argue that wasn't for your benefit. 
    Plus your wife driving alone in a car with only a provisional license is against the law. 

    I don't know for certain but I'd imagine Motability have in the contracts about not using the cars illegally or for illegal purposes. I'm not sure there's anything you can do in this case. 

    What was your wife doing in the car or where was she going?
  • Cartini
    Cartini Community member Posts: 1,107 Trailblazing
    Someone not entitled to drive the car without you is in contravention of the rules, whether or not you gave permission.
    Driving on just a provisional licence, alone, is illegal.
    Having an accident whilst driving illegally will most likely make it an aggravated offence.
    I think motobility are correct in their actions.
  • OverlyAnxious
    OverlyAnxious Community member Posts: 2,906 Championing
    While I feel for your situation, Motability are correct here.

    The car was used illegally, and would not have been insured at the point of collision for that reason.

    It's not just Motability's decision either.  Their insurer also has fairly strict rules about insuring people with motoring convictions.  If you purchase a used car now, you may find that your wife is unable to insure on it with many insurance providers.
  • Biblioklept
    Biblioklept Community member Posts: 5,160 Championing
    Cartini said:
    Someone not entitled to drive the car without you is in contravention of the rules, whether or not you gave permission.

    I was under the impression they could do this if it's for your benefit? 
  • Cartini
    Cartini Community member Posts: 1,107 Trailblazing
    Biblioklept said:
    Cartini said:
    Someone not entitled to drive the car without you is in contravention of the rules, whether or not you gave permission.

    I was under the impression they could do this if it's for your benefit? 
    I`ll have to double check that - thank you for pointing it out.
    Either way though, she was driving on her own as a provisional licence holder.  That`s illegal, so the removal of the vehicle is the correct action.

  • Cartini
    Cartini Community member Posts: 1,107 Trailblazing
    Cartini said:
    Biblioklept said:
    Cartini said:
    Someone not entitled to drive the car without you is in contravention of the rules, whether or not you gave permission.

    I was under the impression they could do this if it's for your benefit? 
    I`ll have to double check that - thank you for pointing it out.
    Either way though, she was driving on her own as a provisional licence holder.  That`s illegal, so the removal of the vehicle is the correct action.


    You were right, thank you for correcting me.
    "Remember, the car must be used by, or for the benefit of, the disabled person. This does not mean that the disabled person needs to be in the car for every journey."

  • Biblioklept
    Biblioklept Community member Posts: 5,160 Championing
    Good to know for definite thank you @cartini <3 
  • life
    life Community member Posts: 526 Empowering
    Sorry to hear @Bujibuji but seems the guys upstairs are right this time. 
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Motability are always extremely helpful but if you break the law it’s a completely different matter. I agree with others that RSA and motability are correct here. 
  • racyguy
    racyguy Community member Posts: 560 Empowering
    I agree and his wife was extremely lucky in not having a full driving licence and technically no insurance to not be prosecuted by the CPS.
    My neighbour clocked up three speeding charges in just a couple of months at the same fixed camera. His Motability car was taken back and he was informed that he would have to wait 5 years before he could have another Motability car.

  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,925 Championing
    edited September 2022
    What a nightmare @racyguy! How are you feeling about all of it at the moment?  :)

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