MOT run out on broken down car involved in court case...?

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marythemoose
marythemoose Posts: 21 Forumite
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in Motoring
Hi, got a complicated problem I hope someone might be able to advise on...

We bought a car in April this year that broke down after a week; dealer refused refund so taking to small claims court, court date in January 2018. Car has been parked in residential car park ever since, taxed and insured.

However, the MOT ran out in August this year; I didn't realise until after it ran out.

I'm hoping that, as it's taxed and insured (both of which I'm claiming back from the dealer) that it's OK where it is, but my partner is worried that, as the MOT has expired, the insurance is no longer valid, and therefore we are breaking the law by keeping it in a public/residential carpark.

If we had a private driveway I'd have SORN'd it, but we don't, and I don't know of anywhere I can put it, especially as it's not moved for months and is essentially a write off.

Anybody have any idea what we should do??

Any advice gratefully received!

Many thanks

Robbie
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  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
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    Can you move it (drive/tow/trailer) it back to the dealership so that it's off road?
  • marythemoose
    marythemoose Posts: 21 Forumite
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    It won't start so can't drive it anywhere, and the dealer doesn't have a business address. In fact, one of the issues we've got is the court's letters have been returned as 'no longer at this address' so think he's done a runner.
  • knightstyle
    knightstyle Posts: 6,990 Forumite
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    Is the car in your name? If so you MUST MOT it or SORN it, there is no middle ground. As it was not MOT'd you can expect a fine as it could have been used on the road.
    Not what you want to hear I am sure!
    Get MOT reminders here https://www.gov.uk/mot-reminder in future.
  • marythemoose
    marythemoose Posts: 21 Forumite
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    knightstyle wrote: »
    Is the car in your name? If so you MUST MOT it or SORN it, there is no middle ground. As it was not MOT'd you can expect a fine as it could have been used on the road.
    Not what you want to hear I am sure!
    Get MOT reminders here www.gov.uk/mot-reminder in future.

    No, not really :P thing is, I can't MOT it because it's broken down, and I can't SORN it because I've got nowhere to put it...
  • Stoke
    Stoke Posts: 3,182 Forumite
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    You might have to get it towed to somewhere and then charge this back to him.
  • Ebe_Scrooge
    Ebe_Scrooge Posts: 7,320 Forumite
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    marythemoose wrote: »
    as the MOT has expired, the insurance is no longer valid


    This one comes up time and again. The lack of an MOT will not automatically invalidate the insurance. The insurance company may well try to use it to try and refuse a payout on a claim - but from a legal perspective your insurance is still valid.


    However, you do run the risk of being fined for keeping it on a "public road" ( which includes carparks ) without a valid MOT. As others have said, you really have only 2 choices - get it MOT'd, or SORN it and find somewhere off-road to store it.
  • Car_54
    Car_54 Posts: 8,213 Forumite
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    Ebe_Scrooge wrote: »

    However, you do run the risk of being fined for keeping it on a "public road" ( which includes carparks ) without a valid MOT. As others have said, you really have only 2 choices - get it MOT'd, or SORN it and find somewhere off-road to store it.

    Are you sure about car parks? The relevant MOT section (47) of the RTA refers specifically to "road", rather than the "road or other public place" to which the insuance section applies.

    As it is private land, he doesn't need VED. Insurance depends upon whether it's regarded as a public place, which is more complex.

    Anyway, since the seller appears to have done a runner, the best advice is to get rid sooner rather than later.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Surely VED (or SORN) is needed regardless? I agree that an MOT may not be needed if the vehicle is on private land, but VED (or SORN) is always needed?
  • wgl2014
    wgl2014 Posts: 1,144 Forumite
    edited 30 November 2017 at 1:52PM
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    As I understand it the relevant offence for not having an MOT refers to using the car on a road so not currently an issue for the OP.

    When is the tax and insurance due as this will be the time the car will need to be declared SORN?

    I would suggest either finding somewhere to store the car privately or getting rid. If the seller has done a runner don't expect everything to be sorted in January at court.
  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
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    marythemoose wrote: »
    the dealer doesn't have a business address.

    You must know where you bought it from surely?
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