A wreck of a car is sold for £100. The car is sold without licence disc (on which there is £85 of tax remaining), as agreed by both parties.
The vendor forgets to remove the tax disc from the windscreen. He jump starts the sold car, and the buyers drive off. On reaching the end of the road, the buyers stall the car and telephone the seller to ask for another jump start.
By this point the seller has realised that he has forgotten to remove the disc from the car, so asks the purchasers whether they have it, and please could he have it back.
Lo and behold, the tax disc is not in the car, and the purchasers deny ever having seen it.
So... the logical conclusion is that the disc *must* have been stolen from the car earlier in the day when the vendor was removing his own property from the car. The vendor imagines that the current possessor of the disc must be the purchasers, but they deny it.
What approach do you recommend?
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What approach do you recommend?
Kick self and move on, i think.
Countless times i have removed something, put it down and completely forgotten about it.
Sorry, not a lot of help.
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was the car mot"d ?,and was a bill of sale made?
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If the purchaser has not "seen" the tax disc, then one assumes it is missing, and should be reported to Police and DVLA without delay. The Seller may then be able to claim the redemption.
If the buyer subsequently tries to claim the refund, then I would say he should be charged with theft, as he has (partly by his own admission above) found said tax disc, then not handed it in but tried to deprive the rightful owner of it.
In short...
Report its loss to the Police and DVLA then go from there. Explain that the buyer had claimed he hadn't seen it. It is the Seller's property and any attempt on the purchaser's behalf to cash it in would be attempted theft, which is a criminal offence.
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yes.....but try reporting it to police. I am afraid you will get nowhere. It will be treated as a civil dispute. Obviously, under National Crime Recording guidelines, they will have to record it if you demand it. But all they will do is give you a crime number then "no crime" your crime report, marking it, as I said, a civil matter.
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mapmaker has his own answer because if he sold the car as "spares or repairs no mot no tax must be trailered away" he would exonorate himself from any lien or dangerous vehicle charge unfit to be on road, and could fill in a crime report at the local police station fill in the appropiate dvla form and get a refund...........result
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MOT expired the day beforehand. eBay sale, advertised as 'scrap for spares or repairs'. Doubtful roadworthiness. Term of sale was that purchaser had to trailer it away... but obvious risk of aiding and abetting in that seller jump started the car for them - otherwise than to load it onto a trailer.
no bill of sle of any sort.
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& the vehicle was sitting on the road when it was sold - unMOT'd (expired at midnight the previous night), but taxed, and of doubtful insurance position.
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As Hugo suggests...except do not go to Police. Purcahsers know where you live.
Just contact DVLA, explain situation and request refund or new disc to suit and then claim refund. If purchasers try to cash it in, they will be caught out.
Mind you, lot of bovver unless you time is worth less than say £50 per hour.
--
Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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youve accepted your losses mapmaker, ,just make sure that dvla get the correct paperwork now,you did get all their details and date of birth me hopes
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Oldman's made a very good point - get that PW off to DVLA without delay
I strongly believe that if he tried to cash it in, a crime will have been comitted.
Ideally the police should simply visit him out of courtesy to explain that the disk has been reported missing, and ask if by any chance he's found it in the car, reminding him that should he claim a refund he could be charged with theft and advising that should he find it he should hand it in.
Exactly how they would handle it I don't know.
If Mapmaker wants to claim the rebate then I would still suggest reporting it to the DVLA. My guess is that doing so would put him in a much better position. The non mention of tax in the e bay listing would lead one to suppose that the tax was not included in the sale.
Mapmaker - Please could you let us know how you get on with this. Your experiences - however painful will be of use to others here.
Thanks
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>>>>>>>A wreck of a car is sold for £100. The car is sold without licence disc (on which there is £85 of tax remaining), as agreed by both parties.<<<<<<<
..as agreed by both parties in writing?
If not one verbal against another. Leave Plod out of it and try and go the DVLA route suggested.
dvd
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>..as agreed by both parties in writing?
Well, term of eBay sale "sold without tax, although remaining 6 months' tax would be able to be purchased for additional cost pro rata following the sale."
Otherwise, verbal as to whether or not the extra £88 was handed over, and verbal as to what may have been agreed in terms of its transfer subsequent to eBay auction completing.
>police should visit him...
Lucky to get them out of the office for armed robbery around here, let alone a possibly pinched tax disc!
>value your time over £50 per hour
Spoken like a true self-employed man!
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The plot thickens:
The car has now been seen not 500 yards from where it was sitting when it was sold. The purchasers presumably stalled it again... so had to make their way back home by train - poetic justice!
The car has the previously lost tax disc sitting in the window.
It would therefore be dishonest for the vendor to approach the police/DVLA to claim that it must have been pinched during the day from the car.
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It would therefore be dishonest for the vendor to approach the police/DVLA to claim that it must have been pinched during the day from the car.
But it would be perfectly honest to approach the police/DVLA and claim that it was stolen by the purchaser of the car.
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It would therefore be dishonest for the vendor to approach the police/DVLA to claim that it must have been pinched during the day from the car.
Would it be dishonest to retrieve disc? Hmmm...
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>Would it be dishonest to retrieve disc? Hmmm...
The sound of the upper classes baying for broken glass. (E Waugh, Decline & Fall)
How desperate would one have to be for £85...?
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If you had a spare key, all could be restored to the contractual arrangements, without fuss. Be quick!
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>Would it be dishonest to retrieve disc? Hmmm... The sound of the upper classes baying for broken glass. (E Waugh, Decline & Fall) How desperate would one have to be for £85...?
Upper class? Me?
Your property isn't it?
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£85 is a lot of money. If you've got a spare key retrieve the disc now!
If you're feeling particularly cruel, then report the car as abandoned and without tax to the DVLA :-)
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Mike Farrow
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