Another 'friend' scenario - for the BIB please
Another 'friend' scenario - for the BIB please
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jezzaaa

Original Poster:

1,951 posts

289 months

Friday 10th June 2005
quotequote all
Chaps - a friend of mine is buying a car from another friend tomorrow morning. He hasn't seen the car yet, but I looked it over and I told him it seemed ok. So he's going to make the trip (Bournemouth to Rochester, Kent) and if he likes it, he's going to drive it home, and arrange the insurance just before hand so he's covered. It had a new MOT this morning, so thats fine. The problem is that he won't have the cover note because he'll be organising it over the phone just before he collects it. And there's no tax disk on it, either.....the last one expired about 3 months ago. So he can't get new tax as he needs the ins. docs. He told me he's going to risk it, and if stopped, he'll explain the situation to the BIBs etc, believing that they will understand. I told him that I didn't think they would, even though all the rest of the paper work will be in order, and he'll have a receipt to say that he's just bought it.

What do you think guys - am I right, or is he being naive??

Cheers in advance,
J.

Dwight VanDriver

6,583 posts

274 months

Friday 10th June 2005
quotequote all
Re Insurance - technically he will commit the offence of using without Insurance. Why? Because Section 147 RTA 88 states that a policy of Insurance shall be of no effect unless and until there is delivered by the insurer to the person by whom the polcy was effected a certificate in the precsribed form.

I understand that Ins Co get round this by stating they act as your Agent so when they issue they supply Agent on your behalf???? In the long run under these circumstance a letter to the Insurance Company to query the state should be met with the fact that they consider themselves to be at risk from the time and date of the phone call. Presented to Mags as such may well lead to an aquital if charged.

Excise Licence. Again technically two offences : Fail to display a current Licence and using without a Licence. On the later offence it is DVLA that authorise prosecution and are informed of transgression by Plod on a special form. Providing the vehicle is taxed almost immediately of being stopped then when DVLA search their records they generally find the vehiucle taxed and take no action. This does not apply to the fail to display, a minor summary offence, which can be processed by Plod through FPN or Court.

Or, one could pre-book an appointment with a MOT Testing Station at destination and drive straight there and have it tested. Vehicles are, on such a run, exempt from Excise licence, but the fact that a current MOT is in existence may make this unacceptable.

Your friend may find the majority of Plod understanding but there are others that will report which is what you pay them to do.

DVD

jezzaaa

Original Poster:

1,951 posts

289 months

Friday 10th June 2005
quotequote all
Thanks alot, DVD - much appreciated.
J.

minimax

11,985 posts

286 months

Friday 10th June 2005
quotequote all
Dwight VanDriver said:
Re Insurance - technically he will commit the offence of using without Insurance. Why? Because Section 147 RTA 88 states that a policy of Insurance shall be of no effect unless and until there is delivered by the insurer to the person by whom the polcy was effected a certificate in the precsribed form.



whaaaat?



every car i've ever bought has been driven home while 'insured' in this manner

tesco said they cover you as soon as you pay them or set up the instalments, and that's what I always do!

shirley tesco cannot be giving inaccurate advice and putting I and hundreds of other new owners at potential liability?

chrisgr31

14,281 posts

285 months

Friday 10th June 2005
quotequote all
Dwight VanDriver said:
Or, one could pre-book an appointment with a MOT Testing Station at destination and drive straight there and have it tested. Vehicles are, on such a run, exempt from Excise licence, but the fact that a current MOT is in existence may make this unacceptable.


Presumably could book it in for a test, and cancel it if not stopped!

Boosted LS1

21,200 posts

290 months

Friday 10th June 2005
quotequote all
Yet another top posting from DVD. Book it into a local garage for an mot and drive it there You can cancel the booking before you arrive so long as they record the reg number or your name in their diary.

Boosted.

Dwight VanDriver

6,583 posts

274 months

Saturday 11th June 2005
quotequote all
Now when I wore a black cap with a white top I believed nowt until the contrary was proved. So the pair of you coming up with that I would record which Garage you were going to. Especially if the distance was great suspecting a fiddle if the distance was great.Whilst accepting the 'tale' then I would leave it a couple of days or so and then contact the Garage and if test cancelled then, unless something very untoward had occurred on the journey, then I would book you.

There are white lies and deceipt - the later I hated.

DVD

Eliminator

762 posts

285 months

Saturday 11th June 2005
quotequote all
For insurance, either arrange cover before you go or wise to take someone other than the purchasor to drive it back. Most insurance covers you for another vehicle not belonging to you or hired to you.

ATG

23,790 posts

302 months

Saturday 11th June 2005
quotequote all
Dwight VanDriver said:
...I understand that Ins Co get round this by stating they act as your Agent so when they issue they supply Agent on your behalf????...
Must be something like that because you are unequivocably covered from the point at which the person selling you the insurance says "you are now covered".

telecat

8,528 posts

271 months

Saturday 11th June 2005
quotequote all
Interestring thing happenened when I bought the Stilo. I was offered seven days FREE insurance. Didn't need to arrange anything else. This was a large reputable dealership as well.

chrisgr31

14,281 posts

285 months

Sunday 12th June 2005
quotequote all
Dwight VanDriver said:
Now when I wore a black cap with a white top I believed nowt until the contrary was proved. So the pair of you coming up with that I would record which Garage you were going to. Especially if the distance was great suspecting a fiddle if the distance was great.Whilst accepting the 'tale' then I would leave it a couple of days or so and then contact the Garage and if test cancelled then, unless something very untoward had occurred on the journey, then I would book you.

There are white lies and deceipt - the later I hated.

DVD


Ah but I said cancel if not stopped! If stopped then go for the MOT in case the PC checks up later.