Road tax on a dispted vehicle

[drew.h]

I've asked about this before, but the threads ended up with sheriff is better than a bailiff answers.

I have a car parked outside my house, it is in my name and the tax runs out this month. I have a CCJ against the garage I bought it from, part of which is the cost of the car. I've been told not to let him take the car until the debt has been paid (which he tried to do). I don't have off road parking and don't want to spend more money on road tax. What can I 'Legally' do? I only have 10 days to sort the tax situation out.

MCOL says ask CAB, CAB says ask MCOL, bailiff can't offer legal advice.

[randlemarcus]

Provide either off-road parking, or road tax. This is a separate issue from the original claim - perhaps MCOL could answer the question about costs incurred storing the asset prior to the debt being paid?

[drew.h]

randlemarcus said:

Provide either off-road parking, or road tax. This is a separate issue from the original claim - perhaps MCOL could answer the question about costs incurred storing the asset prior to the debt being paid?

I really don't have the facilities or money to do either.

[markiii]

don't think the law will care

If your the registered keeper and its on the road, they will expect you to tax it

[drew.h]

Should I put the registration in the dealers name then?

[Stoofa]

Surely that then gives them even more power to simply come along and take it?

[drew.h]

How about putting it in their name and getting the bailiff to levy it?

[HTP99]

Tax it for a month, that wont cost a great deal?

[drew.h]

I wasn't aware you can tax it for 1 month. Isn't it 6 month minimum?

[HTP99]

drew.h said:

I wasn't aware you can tax it for 1 month. Isn't it 6 month minimum?

Used to have to pay 6m or a year up front, now you can pay monthly on a Direct Debit, so do it that way.

[drew.h]

Ok, say I do the direct debit route, then in 6 months when the insurance, MOT and tax runs out, and the CCJ still hasn't been paid, what do I do then?

[HTP99]

drew.h said:

Ok, say I do the direct debit route, then in 6 months when the insurance, MOT and tax runs out, and the CCJ still hasn't been paid, what do I do then?

Re-Mot and insure it and continue with the road tax or have it parked off the road and declare it SORN'd.

[anonymous-user]

In the short term you have no option but to make the car compliant with tax and test requirements if it is on a public road. I assume that you have successfully rejected the car. If that is so, you are now an involuntary bailee of a car that belongs to the dealer. Send him notice that you propose to sell the car. You have to give him at least three months notice of sale. Thereafter you can sell the car and keep what is owed to you, including tax or MoT expenses, passing any surplus to the dealer.

http://www.legislation.gov.uk/ukpga/1977/32/schedu...

[drew.h]

So if I send a notice of sale of goods, the cost or taxing the car should be taken off what it sells for and the rest is knocked off the debt.

If within that 3 months he pays up and collects the car, how do I recover or add the additional costs to the original debt?

[anonymous-user]

You assert what is called a possessory lien. The car is security for sums due to you. You do not release it until paid.

[Red Devil]

HTP99 said:

drew.h said:

I wasn't aware you can tax it for 1 month. Isn't it 6 month minimum?

Used to have to pay 6m or a year up front, now you can pay monthly on a Direct Debit, so do it that way.

DD payments will not be effective until taxing from 1st November onwards.
So doing it now (i.e. dated w.e.f. 1st October) won't work.

[TooMany2cvs]

Red Devil said:

DD payments will not be effective until taxing from 1st November onwards.
So doing it now (i.e. dated w.e.f. 1st October) won't work.

It's a renewal, so effective 1/11...

[drew.h]

LOL, only just spotted my typo.

Just an idea, who is responsible for the road tax on a car, the registered keeper or the legal owner?
I'm back to the idea of sending off the v5 in the garages name, but not letting him take the car, as I am the legal owner, until he as paid me back for it?

[TooMany2cvs]

drew.h said:

Just an idea, who is responsible for the road tax on a car, the registered keeper or the legal owner?

The keeper.

[quote]I'm back to the idea of sending off the v5 in the garages name, but not letting him take the car, as I am the legal owner, until he as paid me back for it?

Yes, you could do. But if and when this all reaches court, don't be surprised if the garagiste waves the V5C around and says "But the car's already back to me." How do you plan on stopping him taking the car? Let's say he gets a spare key made or just comes with a recovery wagon. After all, the V5C is in his name.

Seriously, for the sake of a few tens of quid at most for a month's DD...

[drew.h]

TooMany2cvs said:

Seriously, for the sake of a few tens of quid at most for a month's DD...

But its not just that, the car also has to be insured and its policy has my NCD on it. Next it will be the MOT. I've had 5 months without my own car.

I was thinking the possibility of DVLA fines might force him to get his hands out of his pockets. As far as stopping him remove the car, its a close rural community, one road in/out and I can wave the CCJ shouting 'Stop thief".