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Car Towed DVLA Fines

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  • Car_54
    Car_54 Posts: 8,844 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Nearly_Old wrote: »
    Oh Dear wrong again - see Post 13.
    We're going round in circles.

    Post #13 drew attention to s143 (1(a)), which covers driving or using an uninsured vehicle on the road.

    s143 (1(b)) covers causing or permitting such use, which carries the same penalty.

    The RK would be clearly guilty of one of those.
  • Nearly_Old
    Nearly_Old Posts: 482 Forumite
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    edited 23 June 2019 at 8:50PM
    Car_54 wrote: »
    We're going round in circles.

    Post #13 drew attention to s143 (1(a)), which covers driving or using an uninsured vehicle on the road.

    s143 (1(b)) covers causing or permitting such use, which carries the same penalty.

    The RK would be clearly guilty of one of those. NO - the driver of the car could be guilty, or the Owner could be guilty of using/permitting and it is possible neither of these is the RK so the RK is not automatically guilty. It could be that the driver is found to be guilty of driving/using but nobody was guilty of permitting as the person who gave the permission did not have the authority to give such permission.
    The point made in Post 13 is that S143 has not been used as the car was NOT driving or using (other than being parked on) the road. Nowhere has the OP stated that the police are involved and only the police can take action under s143.


    The car has been removed by DVLA and they would use S144a of the Act that is entitled “Offence of keeping a vehicle which does not meet insurance requirements” as the car was not off road. This requires keepers of vehicles to ensure a policy of third party cover is in place at all times unless the vehicle is declared (and kept) off road by way of a SORN. This offence carries a maximum fine of £1,000.
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    Nearly_Old wrote: »
    The point made in Post 13 is that S143 has not been used as the car was NOT driving or using (other than being parked on) the road. Nowhere has the OP stated that the police are involved and only the police can take action under s143.


    The car has been removed by DVLA and they would use S144a of the Act that is entitled “Offence of keeping a vehicle which does not meet insurance requirements” as the car was not off road. This requires keepers of vehicles to ensure a policy of third party cover is in place at all times unless the vehicle is declared (and kept) off road by way of a SORN. This offence carries a maximum fine of £1,000.


    Other than in the OP when it was stated the police have towed it.
  • Nearly_Old
    Nearly_Old Posts: 482 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 23 June 2019 at 9:26PM
    a.turner wrote: »
    Other than in the OP when it was stated the police have towed it.
    From Post 1

    Car Towed DVLA Fines
    Having a dilemma about what to do about a towed car.

    My girlfriends car was parked outside her house with no mot, insurance and was practically a non –runner but declared SORN.
    This was towed by the local police to an impound.
    You quite rightly queried this in Post 4 as if it was the police that towed it and they were going to take action under s143 then they would have given a verbal NIP at the time. Both the police and DVLA generally use private contractors to remove vehicles so could the OP have been mistaken as to whether it was the Police, or DVLA, or even the Local Council? In general if the police remove a car for no insurance under s143 they are crushed. Our local force used to publish figures of the number of vehicles crushed to reinforce the insurance issue and this leads me to think that it wasn't actually the police that towed it away.


    If it was the DVLA then that would explain why there has been no mention by the OP in respect of using the car without insurance. All the details provided by the OP to date would indicate that it is likely to have been the DVLA - fine,etc. If it was the DVLA then the offence is "keeping" under s144a and that carries a fine plus up to 5xunpaid tax, the storage charges, etc.
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    Nearly_Old wrote: »
    You quite rightly queried this in Post 4 as if it was the police that towed it and they were going to take action under s143 then they would have given a verbal NIP at the time. Both the police and DVLA generally use private contractors to remove vehicles so could the OP have been mistaken as to whether it was the Police, or DVLA, or even the Local Council? In general if the police remove a car for no insurance under s143 they are crushed. Our local force used to publish figures of the number of vehicles crushed to reinforce the insurance issue and this leads me to think that it wasn't actually the police that towed it away.


    If it was the DVLA then that would explain why there has been no mention by the OP in respect of using the car without insurance. All the details provided by the OP to date would indicate that it is likely to have been the DVLA - fine,etc. If it was the DVLA then the offence is "keeping" under s144a and that carries a fine plus up to 5xunpaid tax, the storage charges, etc.

    There's no requirement.
  • Nearly_Old
    Nearly_Old Posts: 482 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    a.turner wrote: »
    There's no requirement.
    Our local force (West Yorkshire) does say that it will be done:
    Vehicles seized by the Police


    Under Section 165A of the Road Traffic Act 1988, police have the power to seize any vehicle where there is reasonable belief that the vehicle is being used without third party insurance cover or a driving licence for that class of vehicle. If your vehicle has been seized for this reason the driver should have received a RT6 seizure notice.


    The Police Officer will have also reported the driver for summons for the offences committed, or arrested, or been given a fixed penalty fine plus penalty points on their driving licence.


    Once the car has been seized it will be taken to a West Yorkshire Police contracted recovery compound, where you will be charged a statutory removal charge pursuant to the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) (Amendment) Regulations 2008, together with daily storage charges.
    If it was the police were at the scene and they intended to take action under s143 then it would be highly unusual if they didn't say so at the time. I've googled a few other forces and the one thing that they all appear to have in common is that the Police will issue "A Seizure Notice" and there is no mention of this in the OP's information. The other common elements include contact the storage location within 7 days, recover the vehicle within the next 7 days and if not reclaimed the vehicle will be autioned or crushed.



    The OP only quotes DVLA fines and DVLA do operate their own ANPR vehicles and clamp then remove offending vehicles. I doubt that the OP will provide any. further clarification
  • Car_54
    Car_54 Posts: 8,844 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Nearly_Old wrote: »
    Our local force (West Yorkshire) does say that it will be done:
    If it was the police were at the scene and they intended to take action under s143 then it would be highly unusual if they didn't say so at the time. I've googled a few other forces and the one thing that they all appear to have in common is that the Police will issue "A Seizure Notice" and there is no mention of this in the OP's information. The other common elements include contact the storage location within 7 days, recover the vehicle within the next 7 days and if not reclaimed the vehicle will be autioned or crushed.



    The OP only quotes DVLA fines and DVLA do operate their own ANPR vehicles and clamp then remove offending vehicles. I doubt that the OP will provide any. further clarification
    But a Seizure Notice is not a NIP.
  • Rover_Driver
    Rover_Driver Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    From the OP's first post, the car was removed for a licensing matter, which would be on behalf of the DVLA, not insurance.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    From the OP's first post, the car was removed for a licensing matter, which would be on behalf of the DVLA, not insurance.
    But plenty of evidence for a separate prosecution for no insurance. Of which she is firmly guilty.

    Anyway, OP - we've got a bit off your actual question. Which is how to make this go away as quickly and cheaply as possible.

    Firstly, give the car up asap. Everything subsequent is pretty much out of her control, except insofar as she needs to accept and admit that she was definitely in the wrong. Don't try and come up with any excuses - they simply aren't valid, and will only delay things and make the eventual bill higher.
  • Nearly_Old
    Nearly_Old Posts: 482 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Car_54 wrote: »
    But a Seizure Notice is not a NIP.
    Please point out where I said that the Seizure Notice was a NIP?
    The piece of the quote from West Yorkshire that you haven't copied was :
    The Police Officer will have also reported the driver for summons for the offences committed, or arrested, or been given a fixed penalty fine plus penalty points on their driving licence.

    This, if done is in addition to the Seizure Notice and would be the NIP.
    As noted in Post 39 the
    From the OP's first post, the car was removed for a licensing matter, which would be on behalf of the DVLA, not insurance.
    Siezure by the DVLA does not involve any requirement for a NIP to be issued.
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