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Marcuslay
Hi all!

I have a dilema here, my mum had her car seized by the police for not responding to speeding fines s they were sent to her old address, hving rcked up a few fines the police revoked her license on the spot and impoundedhermvehicle for not having a valid insurnce on the car (stupid i know).

What i want t know is what is the best way to retreive the vehicle now? Can i collect the vehicle ifmshe signs the car over in my name? She is unable to to gain insurance as her license has been revoked.

Any replies will be much appreciated.

Thanks in advance
mrh3369
Where has this happened?
Marcuslay
It was in whitefield, greater manchester. The car has been impounded and her license was revoked, i was just thinking of a way of retreiving the vehicle as i am not clued up around this sort of area.

Thanks
mrh3369
I think we will need a bit more information as there seems to be a lot missing, tell us just what she has ignored to get to this position.

andy_foster
QUOTE (Marcuslay @ Wed, 8 Aug 2012 - 17:57) *
I have a dilema here, my mum had her car seized by the police for not responding to speeding fines s they were sent to her old address, hving rcked up a few fines the police revoked her license on the spot and impoundedhermvehicle for not having a valid insurnce on the car (stupid i know).

What i want t know is what is the best way to retreive the vehicle now? Can i collect the vehicle ifmshe signs the car over in my name? She is unable to to gain insurance as her license has been revoked.


Send three and fourpence, we're going to a dance...

Is there any reason why your Mum can't post here herself, rather than you providing your own incorrect version of the facts?

Having patched the crystal ball together with duct tape, I am able to hazard a guess as to what actually happened - although it's still a bit hazy and the duct tape is difficult to see through.

The police did not seize your Mum's car [directly] for not responding to speeding fines. The police did not and cannot revoke her licence.

No speeding fines were sent to her old address. She was sent one or more Notices of Intended Prosecution, as her car was caught allegedly exceeding the speed limit by fixed or mobile camera(s), but the driver was not stopped at the time. Such notice(s) included requirements to name the driver or face prosecution for failure to do so, which carries 6 points upon conviction and a fairly hefty fine. Summons(es) would have been served at her old address and she would have been convicted in her absence of failing to name the driver. She could not have been convicted of sppeding as they did not know who was driving, let alone prove it.

Now we get to the hazy bit. After being convicted in her absence and failing to surrender her licence, the DVLA would have written to her threatening to revoke her licence if she did not subsequently surrender it for endorsement. If her licence was simply revoked for failing to surrender it, she would be entitled to drive for 12 months from date of revocation without a licence. It is unlikely that this would invalidate her insurance.

However, if she has been convicted of 2 of more offences of failing to name the driver, she would have at least 12 points and would be liable to be banned for 6 months. Unlike a revocation for failing to surrender your licence, a ban makes it a criminal offence to drive during the duration of the ban, and there is no grace period.

If your Mum tells us everything she knows, we might be able to help her.


As regards collecting the car, anyone who is legal to drive it can collect it. You do not need to con your Mum into signing it over to you to do so.

sgtdixie
QUOTE
As regards collecting the car, anyone who is legal to drive it can collect it. You do not need to con your Mum into signing it over to you to do so.


The person collecting must almost certainly produce an insurance cert for that specific vehicle in order to recover it. Most policies now contain a specific exclusion for recovering other vehicles.
Sangamoura
Sadly here we have a perfect example of what can happen when you fail to notify DVLA of a change of address, an offence in itself punishable by a £1000 fine although I doubt anybody has ever had it imposed.

Day insurance will suffice for recovery I believe, others may be able to confirm this.

www.dayinsure.com
localdriver
QUOTE (Sangamoura @ Wed, 8 Aug 2012 - 20:07) *
Sadly here we have a perfect example of what can happen when you fail to notify DVLA of a change of address, an offence in itself punishable by a £1000 fine although I doubt anybody has ever had it imposed.

Day insurance will suffice for recovery I believe, others may be able to confirm this.

www.dayinsure.com


According to their frequently asked questions, their policies cannot be used to retrieve a seized/impounded vehicle.
diggity
E-Car insurance offer a PAYG policy on a month-by month basis, which may enable another driver to collect the car. You'd need to keep the policy for the minimum of one month though

http://www.ecarinsurance.co.uk/payasyougo.php
sgtdixie
If her licence was revoked just to put points on it she can apply to DVLA for it back provided she sends her licence back. I would suggest that if she does not have a licence she does not need a car and should therefore get rid of it. In any event it is now an offence not to have continuous insurance on a vehicle so whilst getting a policy to recover it may be logical unless it is going to be SORNed why let the insurance lapse.
Logician
If the insurance policy is still in force, although your mother cannot drive the car, on the assumption she has been disqualified, there is no reason she cannot add you or someone else as a named driver, evidence this with a cover note and allow the named driver to collect the car.
stevensan
my understanding was that the car was being driven without insurance - not that the insurance was cancelled as she was driving without a valid license.

Maybe the OP can confirm that and a few more of the facts as noted in the posts above.
Aretnap
Most (though not all) insurance policies require that the driver "holds, or has held, a valid licence and is not disqualified from driving" or some such form of words, and therefore the mere fact that her licence has been revoked will not usually render her insurance invalid. If she was disqualified in her absence then that would invalidate the insurance, but driving while disqualified is a potentially imprisonable offence so if that's happened insurance is the least of her worries. If she didn't have an insurance policy at all then there were two separate reasons for seizing the car, and she should probably invest in a good bicycle as I don't imagine she'll be driving for a while once all this unravels.

First thing she needs to do is contact the DVLA and find out exactly what the status of her licence is - revoked or disqualified. They should also be able to tell her exactly what she was convicted of, and at which courts the convictions took place.

Then she needs to read her insurance certificate (if she has one) carefully and contact her insurers to confirm whether she was insured.

If she's been convicted in her absence without knowing about the proceedings then there are potentially things which can be done about that, but she will need to act reasonably quickly.

On the whole it would be best if she could post herself.
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