next of kin rights

baronsdale

Yes we have made a complaints to the police it is at inspector level now . I need to make a civil claim that maybe a mind field in its self . The car is worth £6000 . Any advise on how to make a claim would be great .as for the tax I believe my father in law paid for the insurance and the tax disc was disabled one .

baronsdale

Hi all yes I think I'll go down the civil court route the car is worth £6000 the car was taxed as disabled and was insured in her name but my father in law paid for it . Yes we are awaiting the inspector to come back with answers regarding they failings . Any advise on how to make a claim would be great .

madbadrob

To make a small claims case you have to go to your county court get the relevant paperwork and fill it in. Once filled in you take it back with the 70 odd quid fee and file it. The court will need to see that you have tried every other possible way to rectify the situation. Once filed they will set a date for a hearing when you will be required to attend. Unfortunately the small claims court doesnt allow for legal aid (even if it was still possible to get legal aid) so you will have to fight your own corner. Remember to put the costs of the claim on the claim.

The fact the car was utilising disabled tax could also be seen as illegal. The question there is was the car used by the carer to take your late father around? If not then your father and the carer have breached road fund duty and the estate could well be liable for that. If the carer argues against the claim the tax would be sufficient to show that your father had never given the carer the car.

On the date of the case make sure you take every relevant piece of paper with you. Forget one thing and you could lose the case because of it

Rob

baronsdale

Thanks rob do you know what form I need from courts .

madbadrob

baronsdale wrote: »

Thanks rob do you know what form I need from courts .

https://www.gov.uk/make-court-claim-for-money/overview

All available there and my fees cost was incorrect. Check the fees page as well

rob

BobQ

madbadrob wrote: »

The fact the car was utilising disabled tax could also be seen as illegal. The question there is was the car used by the carer to take your late father around? If not then your father and the carer have breached road fund duty and the estate could well be liable for that. If the carer argues against the claim the tax would be sufficient to show that your father had never given the carer the car.

On the date of the case make sure you take every relevant piece of paper with you. Forget one thing and you could lose the case because of it

Rob

This is an interesting point. The law actually states that the carer must only use the vehicle to help the disabled person. If she was using the car for other purposes or after the OP's father died she has committed an offence which the police appear to have colluded in (unless she re-taxed the vehicle). I doubt it would matter if the OP's father had committed an offence.

Vehicle tax exemption

Eligibility

You can apply for exemption from paying vehicle tax if you get the:
higher rate mobility component of Disability Living Allowance (DLA)
enhanced rate mobility component of Personal Independence Payment (PIP)
War Pensioner’s Mobility Supplement

The vehicle must be registered in the disabled person’s name or their nominated driver’s name. It must only be used for the disabled person’s personal needs. It can’t be used by the nominated driver for their own personal use

https://www.gov.uk/financial-help-disabled/vehicles-and-transport

madbadrob

BobQ That is exactly what I said. I know this from personal experience with my mum having this. I know the owner is deceased but he has colluded with the offence if it as taken place and the road fund duty can be claimed back from the estate similar to other govermental overpayments

Rob

BobQ

madbadrob wrote: »

BobQ That is exactly what I said. I know this from personal experience with my mum having this. I know the owner is deceased but he has colluded with the offence if it as taken place and the road fund duty can be claimed back from the estate similar to other govermental overpayments

Rob

The point I was adding to your (very useful) comment was that its not just a question of whether the carer is using the car to benefit the disabled person. The carer is not allowed to use the car for any other purpose under the terms of having a disabled tax disc. (which was not clear in your earlier post and seems relevant to this case).

As you probably know, its one of the abuses of the system. My neighbour is disabled and gave up driving a year ago. His daughter drives his car with a disabled tax disc to take him to the shops, but she also uses the car to get home, visit her mother in law and pick her children up from school.

baronsdale

What do I need to do a money claim all I want is the car back as I know she will have not money to pay us back for the car that's if she hasn't sold it already .

madbadrob

Unfortunately the value of the car is what you have to work on in the small claims court. Can I suggest you obtain legal advice from the CAB or using your free half hour with a solicitor which will explain better than I can

Rob