Conspiracy to defraud?

Author
Discussion

MR2Mike

Original Poster:

20,143 posts

256 months

Monday 4th July 2005
quotequote all
http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&category=21654&item=4558502461&rd=1

What do you reckon?

gone

6,649 posts

264 months

Tuesday 5th July 2005
quotequote all
I am not so sure about conspiracy!

It is an advert offering a service.

I cannot see that the service is illegal as the person offering the service states they can get vehicles insured for a short time. If this is legitimate, then there is no conspiracy to commit any offence.

There is an underlying message in that the insurance will be valid only to get the tax and then the purchaser can avoid insurance having received a tax disc from P.O. or DVLA.

This is a matter for the person buying the service. There is no conspiracy involved to buy insurance for a short period. There may be a dishonest intention to use the vehicle without insurance on the part of the purchaser but that is not made out in the advert.

You cannot commit an act of conspiracy unless the act is itself illegal. Offering short term insurance is not illegal so no conspiracy.

There could be other offences (mainly Road Traffic) made out if the insurance is not genuine on both the part of the seller and the purchaser of this offer.

smeggy

3,241 posts

240 months

Tuesday 5th July 2005
quotequote all
gone said:
I am not so sure about conspiracy!

It is an advert offering a service.

I cannot see that the service is illegal as the person offering the service states they can get vehicles insured for a short time. If this is legitimate, then there is no conspiracy to commit any offence.

There is an underlying message in that the insurance will be valid only to get the tax and then the purchaser can avoid insurance having received a tax disc from P.O. or DVLA.

This is a matter for the person buying the service. There is no conspiracy involved to buy insurance for a short period. There may be a dishonest intention to use the vehicle without insurance on the part of the purchaser but that is not made out in the advert.

You cannot commit an act of conspiracy unless the act is itself illegal. Offering short term insurance is not illegal so no conspiracy.

There could be other offences (mainly Road Traffic) made out if the insurance is not genuine on both the part of the seller and the purchaser of this offer.

I agree with your comments about genuine short term insurance, but there is a big difference between them saying they will provide insurance and:

ebay seller said:
I can get your vehicle insured for a short time…….

……..I will provide you with the insurance document that you need. (Please note, insurance document does not insure you or your car it just helps you to obtain Road Tax)


Sounds to me like they won’t necessarily provide insurance, but they will provide the documentation for it even it is not insured; hence the insurance document is fraudulent, and is then used for fraudulently obtaining a vehicle license.

MR2Mike

Original Poster:

20,143 posts

256 months

Tuesday 5th July 2005
quotequote all
smeggy said:

Sounds to me like they won’t necessarily provide insurance, but they will provide the documentation for it even it is not insured; hence the insurance document is fraudulent, and is then used for fraudulently obtaining a vehicle license.


That was exactly the impression I got.

mr clive

1,195 posts

253 months

Tuesday 5th July 2005
quotequote all
Wouldnt the insurance certificate simply name the ebay seller as the person insured to drive the car (assuming its not a scam). Hence the car is insured (though the owner is not) allowing them to get tax

z1000

649 posts

239 months

Tuesday 5th July 2005
quotequote all
I don't know how it works with a traders policy , but doesn't the insurance doc need the reg no. of the car on it to qualify for tax ?

daveatcopleigh

83 posts

252 months

Tuesday 5th July 2005
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When I went to tax my van using my trade insurance (any vehicle in insured custody or control) PO would not accept it I had to get a cover note with Reg No on it. I have heard of It being aloud though, depends on how well you know the girl behind the desk.