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Selling a car without tax and insurance - the law
Surrey Dave - 5/8/10 at 08:31 PM

Have sold my parents car, to a right tw4t on fleebay, the car is sorn'd , it has MOT.

I stated in the listing the car would have to be taxed and insured before removal or transported.

The guy says that when he has paid me and signed the v5 it his choice what he does, can we still be liable for allowing this?

RichardK - 5/8/10 at 08:39 PM

I believe the TW@T to be correct in this case.

Bit of info here

Cheers

Rich

snapper - 5/8/10 at 08:53 PM

You have informed him correctly and are not liable in law.
He is the new owner and it is his responsibility

morcus - 5/8/10 at 09:01 PM

He's technically right but if he gets caught by any cameras or dumps it your gonna get sent fines and what not.

I believe you also have civic responsibility to not allow people to break the law and they could get you that way.

If I were in your shoes I wouldn't let them drive of in the car with no Tax, and deffinitly wouldn't let them take it without insurance (Its illegal for a trader to let some drive a car without insurance and they can get fined on that one). If he had insurance I'd let him drive it away once the V5 had come through in his name.

You put it in the add so its breach of terms If he won't get it collected or trailered.

phelpsa - 5/8/10 at 09:59 PM

Its the responsibility of the DRIVER not the OWNER to ensure the vehicle is taxed and insured.

You cannot be fined for driving a SORN'd car through the post, a copper would have to pull him over and give him a ticket, and its the same with insurance. So you run no risk whatsoever....

Let him do it if he wants, you aren't a trader, make sure you get a signed dated receipt and V5 sellers section and its no longer your problem!

[Edited on 5-8-10 by phelpsa]

Surrey Dave - 5/8/10 at 10:08 PM

Are any of these answers from a law person or police person?

It may be legal but, I don't like the idea of turning a blind eye.

PSpirine - 5/8/10 at 10:08 PM

I'd say not just signed/dated, but make scribble the time on there too if he's going to drive off!

omega 24 v6 - 5/8/10 at 10:27 PM

quote:

but make scribble the time on there too


Absolutely.
then you can prove he was the new owner at that time and all subsequent fines will go to him.
Oh and make sure you fill in your part of the v5 (time on it as well and keep a phtocopy) don't be dupped by the " it's all right mate I'll fill it in later"

scootz - 6/8/10 at 07:06 AM

quote:
Originally posted by phelpsa
Its the responsibility of the DRIVER not the OWNER to ensure the vehicle is taxed and insured.


... if I let you drive MY car knowing that it is neither taxed or insured, then I commit the offences of CAUSING AND PERMITTING you to drive a motor vehicle on a public road without tax or insurance!

As for the original question - if you are concerned then scribble the time of transaction on the part of the V5 that you retain for posting to DVLA and get the purchaser to initial the scribble. It's not your car after that point...

scoop - 6/8/10 at 07:24 AM

Im old bill mate.
Do the V5 properly get a receipt signed and your covered. You could always wright on the receipt sold with no tax. Its then his car.Then call the local station and drop him in it. The troubles ive seen involving RTC's etc with people with no insurance you should have no remorse about it.

britishtrident - 6/8/10 at 09:55 AM

As you can now insure a car for 24hrs it is no problem for him.
In the wider view in this country we need a proper system that will allow the private owner to legally move a car without taxing it --- the equivalent of one or two day trade plate for the private punter. It would be zero cost to the government as the insurance companies could run it for the DVLA.

It could even be extended further paying say 50 pounds to allow you to move a car that met basic safety standards (ie lighting brakes steering, structure) but had no MOT.

[Edited on 6/8/10 by britishtrident]