my partner is disqaulified and he just got pulled up on our family vehicle. it has been impounded for 28days. im very upset at him for driving because i need the car for my kids. do i have any legal rights to get the car out sooner then 28 days?
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
You can appeal to the Police under Section 102 of the Land Transport Act but only on certain grounds.
Possibly this may be relevant
d)the owner took all reasonable steps to prevent the driver from driving the vehicle; or
(2)An appeal under this section must be set out in a statutory declaration and lodged no later than 14 days after the date on which the vehicle is seized and impounded.
the vehicle is in my partners name though. will this matter?
Yes, because the police will say it is his. I would assume it belongs to both of you, but if you qualify, it is worth trying on the basis that while it was jointly owned, you did not permit him to drive
so does my name need to be on the ownership papers? because when you say "jointly owned" we consider the car to be both of ours of course. however there is no mention of my name on the ownership papers/contract.
The certificate of ownership is not evidence as to who owns the car, although it is often used for that purpose. If it is the family vehicle then it is relationship property and jointly owned. i expect you share the costs. The police could be difficult about this for this reason, but its the only way to get the car back.
do i stand a chance? or am i just wasting my time?
will i need to go to court? or can all of this be done without the assistance of the courts?
The statutory declaration is dealt with by the police, although there is a right of appeal to the court. It costs nothing to fill out the declaration so you might as well try. You dont need to go to court for the declaration though
ok thanks thats all i need at this point but before i go is there anything else you think i should know that may help my cause?
Tell the police if you need the car to take family around-kids to school etc-that will help, and make sure you tell them your partner was not permitted by you to drive.
ok thanks for your time.
LLB MMgt FAMINZ 32 years qualified as lawyer
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