Car parked on road briefly..
Discussion
Hi all
My old car was parked on the road earlier as it was due to be within a few minutes collected by a scrapper I cancelled the insurance on a few weeks back, a police van drove past pulled over at the end of the road and continued driving off i'm worried i'm going to receive some kind of fine or something, the car is taxed and MOTd and the MID database says it's insured. Do i have anything to worry about?
My old car was parked on the road earlier as it was due to be within a few minutes collected by a scrapper I cancelled the insurance on a few weeks back, a police van drove past pulled over at the end of the road and continued driving off i'm worried i'm going to receive some kind of fine or something, the car is taxed and MOTd and the MID database says it's insured. Do i have anything to worry about?
TooMany2cvs said:
If the police van had ANPR on, and it pinged your car as uninsured, they'd have stopped and done something about it.
But it's taxed and uninsured? Expect a stroppy from DVLA soonish.
What sort of fine would i be expecting? ( points too??? ) it was literally because i was going to sell the vehicle originally, but as it was on the system as insured surely they'd have no idea?But it's taxed and uninsured? Expect a stroppy from DVLA soonish.
Cretosx said:
What sort of fine would i be expecting? ( points too??? ) it was literally because i was going to sell the vehicle originally, but as it was on the system as insured surely they'd have no idea?
Continuous Insurance, so a fine and no points - if they'd caught it, you'd be looking at serious points + impounding.I'd not noticed that it's still on MID (you sure the cancellation's gone through?) - if it is, then all's good, since that's what's taken as the primary record of whether it's covered or not.
TooMany2cvs said:
Continuous Insurance, so a fine and no points - if they'd caught it, you'd be looking at serious points + impounding.
I'd not noticed that it's still on MID (you sure the cancellation's gone through?) - if it is, then all's good, since that's what's taken as the primary record of whether it's covered or not.
Starting to worry the cancellation hasn't gone through right now as it should be on the database as uninsured by now, will be calling insurance tomorrow to check.I'd not noticed that it's still on MID (you sure the cancellation's gone through?) - if it is, then all's good, since that's what's taken as the primary record of whether it's covered or not.
What condition was it in? Was it driveable? Were there bits missing that rendered it impossible to run? Were there faults with it that would, in the eyes of the law, prove that it could not be used as a mechanically propelled vehicle? These are questions the police will need to have resolved.
A motor vehicle is not defined so is a matter of fact, ie it needs to be proved in court that it was intended for use on the road. There are lots and lots (and more) of case law as to the definition and the fact that it was going to be scrapped (of which you will have proof) is something the prosecution would have to overcome. I would not have bothered.
A motor vehicle is not defined so is a matter of fact, ie it needs to be proved in court that it was intended for use on the road. There are lots and lots (and more) of case law as to the definition and the fact that it was going to be scrapped (of which you will have proof) is something the prosecution would have to overcome. I would not have bothered.
Derek Smith said:
What condition was it in? Was it driveable? Were there bits missing that rendered it impossible to run? Were there faults with it that would, in the eyes of the law, prove that it could not be used as a mechanically propelled vehicle? These are questions the police will need to have resolved.
A motor vehicle is not defined so is a matter of fact, ie it needs to be proved in court that it was intended for use on the road. There are lots and lots (and more) of case law as to the definition and the fact that it was going to be scrapped (of which you will have proof) is something the prosecution would have to overcome. I would not have bothered.
It was drive-able but I think it will be ok, as it is taxed, mot, insured on the database, I have proof if it comes to it thanks for advice guys. A motor vehicle is not defined so is a matter of fact, ie it needs to be proved in court that it was intended for use on the road. There are lots and lots (and more) of case law as to the definition and the fact that it was going to be scrapped (of which you will have proof) is something the prosecution would have to overcome. I would not have bothered.
Re DVLA grumpiness: If you leave your car taxed but not insured but also off road then several weeks later you get a polite but firm green letter saying insure it or else. If you then insure the car or declare it off road, then nothing nasty happens to you. This also applies for old motorbikes that you have forgotten about.
Edited by anonymous-user on Tuesday 5th December 07:40
Cretosx said:
Derek Smith said:
What condition was it in? Was it driveable? Were there bits missing that rendered it impossible to run? Were there faults with it that would, in the eyes of the law, prove that it could not be used as a mechanically propelled vehicle? These are questions the police will need to have resolved.
A motor vehicle is not defined so is a matter of fact, ie it needs to be proved in court that it was intended for use on the road. There are lots and lots (and more) of case law as to the definition and the fact that it was going to be scrapped (of which you will have proof) is something the prosecution would have to overcome. I would not have bothered.
It was drive-able but I think it will be ok, as it is taxed, mot, insured on the database, I have proof if it comes to it thanks for advice guys. A motor vehicle is not defined so is a matter of fact, ie it needs to be proved in court that it was intended for use on the road. There are lots and lots (and more) of case law as to the definition and the fact that it was going to be scrapped (of which you will have proof) is something the prosecution would have to overcome. I would not have bothered.
grumpyscot said:
A guy who has parked up his old rusting VW camper has escaped police action despite the fact it's not been taxed, insured or MOTd for over 5 years. The police say that, because it doesn't have an engine in it, it's not classed as a motor vehicle any longer!
Not necessarily. English law cases are very much fact dependent and courts rule accordingly.See Newberry v Simmonds [1961] 2 W.L.R. 675 and Smart v Allan [1962] 3 W.L.R. 1326
http://www.austlii.edu.au/au/journals/SydLRev/1963... pp 283-285
There are also the following cases which may be relevant.
Elliott v Grey [1960] 1 QB 367
Gosling v Howard [1975] RTR 429
Pumbien v Vines [1996] RTR 37
I suspect that the police decided that they had other imperatives to which their time and resources needed to be allocated.
I think police only stop cars without tax and insurance when they are being filmed for documentaries.
As I see ropey cars most days and a quick check on a phone app and they are often missing 1 or all of the basic's Licence, mot, insurance etc.
Chances are if the did spot it they may just report it DVLA so they can chase you for back tax.
Only today so a scrappy running a dangerously loaded tipper with a car hanging off the back and sides. It had more cracks in the windscreen than your average building site. The driver was on his mobile whilst driving with no seatbelt and the police drove past giving zero notice to it. Probably as the driver wasn't speeding and they couldn't book him from the comfort of a nice warm scamera van.
As I see ropey cars most days and a quick check on a phone app and they are often missing 1 or all of the basic's Licence, mot, insurance etc.
Chances are if the did spot it they may just report it DVLA so they can chase you for back tax.
Only today so a scrappy running a dangerously loaded tipper with a car hanging off the back and sides. It had more cracks in the windscreen than your average building site. The driver was on his mobile whilst driving with no seatbelt and the police drove past giving zero notice to it. Probably as the driver wasn't speeding and they couldn't book him from the comfort of a nice warm scamera van.
W124Bob said:
I'm genuinely puzzled by this, in my neighbourhood we've had 2 abandoned cars both showing as uninsured. One damaged, both deflating tires yet it took 6months plus for anything to happen despite the fact that in one case it was reported at least twice.
Bizzarly it took two weeks back in 2008 to get a burnt out Aygo shell removed from my close (Owner had upset someone big time). I couldn't believe how the local council seemed uninterested! I took it to the local paper and the car went pretty sharply after being featured in the local fish wrapper.surveyor_101 said:
I think police only stop cars without tax and insurance when they are being filmed for documentaries.
As I see ropey cars most days and a quick check on a phone app and they are often missing 1 or all of the basic's Licence, mot, insurance etc.
Chances are if the did spot it they may just report it DVLA so they can chase you for back tax.
Only today so a scrappy running a dangerously loaded tipper with a car hanging off the back and sides. It had more cracks in the windscreen than your average building site. The driver was on his mobile whilst driving with no seatbelt and the police drove past giving zero notice to it. Probably as the driver wasn't speeding and they couldn't book him from the comfort of a nice warm scamera van.
.As I see ropey cars most days and a quick check on a phone app and they are often missing 1 or all of the basic's Licence, mot, insurance etc.
Chances are if the did spot it they may just report it DVLA so they can chase you for back tax.
Only today so a scrappy running a dangerously loaded tipper with a car hanging off the back and sides. It had more cracks in the windscreen than your average building site. The driver was on his mobile whilst driving with no seatbelt and the police drove past giving zero notice to it. Probably as the driver wasn't speeding and they couldn't book him from the comfort of a nice warm scamera van.
Perhaps a
? So-called "travellers" operate under a different set of rules from the rest of us.grumpyscot said:
Unfortunately, we're in Scotland, so English law not applicable in this case (apparently)
I appreciate that the respective legal systems have their differences.However the courts in each jurisdiction often observe and follow each others decisions.
What is your source for treating the situation you describe differently north of the border?
AFAIK most legislation relating to vehicles and motoring offences is common throughout the UK.
Any differences (e.g. the alcohol limit) are a matter of degree not substance.
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