A DVLA Dilemma!
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Discussion

Wolfsbait

Original Poster:

493 posts

240 months

Monday 7th March 2016
quotequote all
Without wanting to sound like an episode on Radio 4's the Moral Maze, my father in law seems to have ended up in a rather first world problem that I'd like to pick your collective brains on if I may...

My in laws are lucky enough to enjoy life split between houses in the South of France and the UK, having nice wheels in each location to enjoy when they are there.

These cars are generally swapped around a couple of times a year, so it was assumed that exporting the car wouldn't apply - surely you'd have to export both ways?

Anyway, the car that is registered to the French address has actually spent rather a lot of time in the
UK over the past couple of years despite being on French plates.

It is now back in France, but my father in law has just received a letter from the DVLA asking for the reg number of the car mot cert number and VIN details.

The dilemma is that because the car has been in the UK he has kept the MOT going but with the UK plate, not the french number. However the UK number is on retention, so obviously DVLA have noticed the anomaly. (No idea how he's done that!)

So the question is, would it be better to admit that the car was on French plates and potentially be liable for back dated RFL or say that it's on the cherished plate that it's MOT'd on that could be cross referenced to the retention document?

Any help gratefully received - Even if it's negative, I think he know's he's been a silly boy!


Fr



Monkeylegend

29,453 posts

261 months

Monday 7th March 2016
quotequote all
Tell the truth.

Roo

11,504 posts

237 months

Monday 7th March 2016
quotequote all
Why would he MOT a car here that's registered in France?

leyorkie

1,820 posts

206 months

Tuesday 8th March 2016
quotequote all
A French registered car is subject to a MOT every two years and a Britsh MOT has no standing in France,
So he has another problem, the car is now not legal in France unless he's re-testedit in the meantime.
When he put the plates on he as also invalidated the insurance.

I think he has been very silly with this by trying to do the right thing.
Good luck

xjay1337

15,966 posts

148 months

Tuesday 8th March 2016
quotequote all
Don't faff around, just tell the truth.
Easiest and least painful for all involved.

Wolfsbait

Original Poster:

493 posts

240 months

Tuesday 8th March 2016
quotequote all
Cheers chaps.

I think honesty is the best policy, just wasn't 100% sure on the implications beyond backdated RFL.

Le TVR

3,097 posts

281 months

Tuesday 8th March 2016
quotequote all
Couple of odd things:
If it's also got French plates it must have a Carte Grise. To get that you must use either the V5 or a certificate of permanent export. The UK plates immediately become void. I assume it wasn't a certificate of permanent export or the DVLA would be aware from the beginning.
If it was registered in France using the V5 it is also likely that the prefecture have informed the DVLA that the V5 was surrendered to them. Sometimes they do, sometimes they don't.
One set of plates will be illegal.

Wolfsbait

Original Poster:

493 posts

240 months

Tuesday 8th March 2016
quotequote all
My gut feel is it's been illegal whilst in the UK on french plates - the issue is getting him back to being law abiding as swiftly as possible!

Bizarrely the car in France is on UK plates and is tested / insured over there.

Bit of a mess me thinks.

anothernameitist

1,500 posts

165 months

Tuesday 8th March 2016
quotequote all
Bizarrely the car in France is on UK plates and is tested / insured over there.

And that's not legal.

My old man did the same, never caught, but it's not legal and if an accident happens, that's when it hurts.

In France you are guilty until proven innocent in law!

think you old man has been taking an advantage of his situation and he is not alone, however i'm not having a go at him, just stating fact.

Wolfsbait

Original Poster:

493 posts

240 months

Tuesday 8th March 2016
quotequote all
Totally agree

I think originally they were on their respective plates etc because they spent time at both homes each year and it didn't seem practical to export / import each time.

So, can the UK car in France not be insured and tested there on Brit plates and vice versa with the France car in UK?

Assuming they are swapped regularly?

mybrainhurts

90,809 posts

285 months

Tuesday 8th March 2016
quotequote all
Just one more reason for us to invade France and exile the French to Scunthorpe....

anothernameitist

1,500 posts

165 months

Tuesday 8th March 2016
quotequote all
You can get a CT and insurance on a British car.

BUT... the car must be legal in the country of registration so it would need an MOT.

The Insurance is a bit similar but there are pleanty of companies who will insure you.

Wolfsbait

Original Poster:

493 posts

240 months

Tuesday 8th March 2016
quotequote all
So, if I'm getting all this correctly

If both cars are to be used in both homes during say a 12 month period, they would need to be tested in both UK and France?

The current scenario is the car with French plates (that the DVLA are enquiring about) is in France and the UK car is back in the UK (tested in UK now)

But really the form from the DVLA should be completed with the French plates despite the car being in the UK for a period of time.

anothernameitist

1,500 posts

165 months

Tuesday 8th March 2016
quotequote all
GB car = MOT insured in UK. can be kept in France 6 months max and then comes home to UK. Make sure UK insurance civers use in France


French car = CT and insured in France, kept in UK max 6 months and then needs to return to France.

I'm getting the feeling your old man has put the UK plates ( held on retention?) onto this car to take it for an MOT, why I don't know and I don't think you do either!

That's why the DVLA is getting in touch, as its using it s brain for once.

HTH

Tom_C76

1,923 posts

218 months

Tuesday 8th March 2016
quotequote all
So one of the cars has two identities? That is the same chassis number is registered simultaneously in the UK and France? If the plates in the UK are on retention I'd expect the DVLA system to refuse to do the MOT, as plates on retention are not allocated to a chassis so can't bring up appropriate emmisions data etc.

It is possible to keep a car in France on UK plates as long as it continues to be tested in the UK, as I have a friend who does so with a Caterham. He can't export it as in spite of EU law requiring them to accept them, the French happily refuse to register cars that are legally registered in the UK if they weren't approved in France. Instead he has insurance through a French broker, for the car to be in France 12 months of the year save for an annual trip to Dover for an MOT. I believe the V5 is registered to a relative's house.

anonymous-user

84 months

Tuesday 8th March 2016
quotequote all
mybrainhurts said:
Just one more reason for us to invade France and exile the French to Scunthorpe....
I can't be doing with the French but even to me that seems a bit harsh eek

Wolfsbait

Original Poster:

493 posts

240 months

Wednesday 9th March 2016
quotequote all
anothernameitist said:
GB car = MOT insured in UK. can be kept in France 6 months max and then comes home to UK. Make sure UK insurance civers use in France


French car = CT and insured in France, kept in UK max 6 months and then needs to return to France.

I'm getting the feeling your old man has put the UK plates ( held on retention?) onto this car to take it for an MOT, why I don't know and I don't think you do either!

That's why the DVLA is getting in touch, as its using it s brain for once.

HTH
You are right, although I think he doesn't actually put the retained plates on the car...which suggests the test centre is being a bit naughty too! Bit of a pandora's box ive stumbled into!

hidetheelephants

36,146 posts

223 months

Wednesday 9th March 2016
quotequote all
Something's not right; if the plates are on retention they are not associated with a car identity, unless forms are filled in they don't spontaneously associate themselves with a car again. Even if your FIL has physically put the plates on to get it MOTed the VOSA/DVSA computer terminal should just spit the number back and say 'computer says no' as it shouldn't be recognised.

Roo

11,504 posts

237 months

Wednesday 9th March 2016
quotequote all
Wolfsbait said:
You are right, although I think he doesn't actually put the retained plates on the car...which suggests the test centre is being a bit naughty too! Bit of a pandora's box ive stumbled into!
You can MOT a car displaying foreign/no plates without a problem.

How do you think imports that need an MOT before registering get tested?

TooLateForAName

4,933 posts

214 months

Thursday 10th March 2016
quotequote all
OP said:
The dilemma is that because the car has been in the UK he has kept the MOT going but with the UK plate, not the french number. However the UK number is on retention, so obviously DVLA have noticed the anomaly. (No idea how he's done that!)
I think you need him to come clean about what he has actually done.
To throw in another possibility, could DVLA cancel the private plate because he has clearly been doing something dodgy with it. Is it a valuable plate?