Putting VT’d car on public highway - advice sought

[RL86]

Hi all!

I am in the middle of an epic VT story, and once it is concluded I will share all the details for others benefit/ entertainment.

There is too much to detail here now, but in a nutshell: the car was due its first MOT on the 6 November. I VT’ed on the 20th October. Skipping a lot, they didn’t process it until the 11th. The car now has no MOT and I SORNed it before recently just transferring the V5/C to them from the 20.10.20. I have told them it’s going on the public highway if it’s not gone by the 7th.

Q1. I live in a cul-de-sac and there isn’t really anywhere to park it that isn’t in front of someone’s house (I.e where they park) or obstructing the turning circle and/or access and egress from driveways. I wanted to drive it as short a distance as possible just so it is off my property, but don’t want to inconvenience my neighbours - especially the sweet elderly couple next door. My cul-de-sac is parallel to the road it joins (think a capital ‘J’). Is driving it round to the rear of my property on the main road and parking it there too far to move it? It’s basically the closest safe place.

Q2. Is there any potential backlash fro driving an un-MOT’ed, un taxed vehicle, even if just for 60m? My insurance covers me 3rd party for other vehicles but I’m certain that wouldn’t apply to a car untaxed etc. But
its on my property without my consent. Initially I planned on exercising my rights under the Tort Interference With Goods Act 1977 and giving it to an auctioneer but can’t be bothered with the hassle of that.

All advice welcomed and appreciated!

[des8]

If you drive that vehicle and get stopped or have an incident you risk fines, points on licence, & increased insurance premiums for some years!

If you just place it on the highway and have no problems doing so but the vehicle is then involved in an incident you could still be found liable as being the person to have parked it.

Have finance house not said when it will be collected?

[paulajayne]

Trailer it to desired location. Cheaper than fines and points which will effect future insurance.

[RL86]

Thanks guys. No: VWFS have not said when they will collect it. I will give a quick run down now so people know the situation.

20th October I VT the car. Offered to keep it indefinitely or deliver it given COVID etc. Get a automated receipt email.

22nd October receive template email asking that if I wish to go ahead to fill out the table provided and return it. They will then send written confirmation within 5 days.
22nd October I challenge that the wording implies that I have not already terminated my contract. Ask them to confirm the 20th as the date of my termination. Also state that all the relevant information they have requested in their stock email I have provided so they should just go ahead and process it in the 5 days they alluded to.

No reply by the 29th (5 working days). I phone DVLA to get advice, and SORN the car before tax become due November. I write a 4 page email asking why they haven’t sent me the written confirmation as they stated, asking why their email and the attached booklet have directly contradictory instructions, and asking why they are demanding in their advice. (‘you must’) tax MOT etc the vehicle when it is not my concern any longer. I assert that they have no legal basis to demand this of me. I then said if there continues to be no communication or clarifications I reserved the right to stop keeping the car on my driveway indefinitely with 7 days written notice. Received automated delivery email.

5th November - MOT becomes due.

11th November Receive an email saying my agreement is terminated as instructed and to book a collection with BCA. Happy days! Not so. Opening the booking form I find the date of termination is listed as that day - the 11th November. The booking form also requires me to confirm that the car will hold an MOT at time of collection. Obviously it won’t so I ring BCA to discuss it. Nice lady says a flatbed is no problem and I say I won’t book yet until VWFS confirm they won’t attempt to charge me for it.

11th November - send an email AGAIN challenging the termination date, asking them to confirm I won’t be charged for collection costs and that I won’t arrange collection until they do. Also that because of the difficulty, if the car is still on my drive on 1st December I will begin making legal alternatives for its removal.

12th November: I receive a letter saying there is an outstanding amount to pay. (The only way this is possible is if the dealer put down a deposit on my behalf and I didn’t notice when I signed the paperwork). Otherwise I am certain I’ve paid over half. So I send an email asking for a detailed breakdown of this asserted charge and breakdown what I have so far paid. I also told them I never received a service log book which their literature keeps telling me will cost £400 to replace and let them know if they try to charge with that I will contest it. Remind them they have until the 1st December or I will begin exercising my right under Section 12 of the Torts (IwG) Act 1977. Got automed receipt.

19th November. Receive a stock template asking for security information to continue the process. I all request info within an hour.

30th November: I email saying it’s been 11 days without reply and 41 days in total and nobody has even addressed any of the issues I’ve raised. I say rather than auction the vehicle I am just going to put it on the public highway and they will hold all liabilities. I remind them the car could easily have collected when it had MOT etc. Tell them they have until the 7th. If they don’t want it put it on the street then they have to agree in writing to pay me £20/day from 1st December for the inconvenience and I listed the issues caused by keeping it: blocking path: foot traffic through garden damaging lawn and plants, having to store my bins in a dangerous place; unable to access garage etc. Got automated response.

Yesterday (3rd December) I got the exact same template email requesting the security information - from the exact same person. I had it. Rang BCA to see if they’d had any fresh instructions that might’ve not filtered to me but no. They rang and spoke to VWFS who said I had to MOT the car and they’d reimburse me, though not for anything on the MOT that needed repair. Also wouldn’t pay for the flatbed. Also said they’d had no correspondence from me since 22nd October. I will be processing a FOI DOA request for the call.
Same day I transferred the V5/C to VWFS dated 20th October.

So if you think I shouldn’t drive it into the public highway, should I exercise Section 12 and get an auction house/ dealer to collect it? I have an anxiety disorder and really could do without the stress - however it’s just as stressful having it on drive. One of these days I’m going to clatter it with a bin, or a delivery driver will scratch it. In the wet weather my garden is being churned up because of the foot traffic. Most of all, on my property I feel like there is argument I have obligation toward the vehicle, which is hanging over me.

Suggestions?

[RL86]

Sorry for typos and spelling etc. On mobile. Also I accidentally double posted this thread and not sure how to delete the second. If someone could teach me (or admin just go ahead and remove it) I’d be very grateful.

[R0b]

Have you written to VWFS to inform them of your intention to sell under Section 12, you will need to do that first and give them at least 14 days.

I would suggest you put it up for sale via the trader sites first, and would be worthwhile mentioning in the advert that the car is being made for sale under Section 12 of the Torts (IG) Act 1977, giving you the statutory power to sell the vehicle. If no one takes, then you could try an auction site.

Normally the threat of selling the car would warrant lenders to arrange collection, but it's a game of bluff. VWFS can huff and puff but I doubt they will any grounds to threaten you with since they should have simply collected the car.

You could also claim the car sitting on your property is a trespass and on collection or the car being sold you will consider a claim to recover the daily rate it has been sitting there. Obviously if you have anxiety issues then court may not be the best solution, but it is an option.

[RL86]

Hi R0B, thank you so much for your reply! And thank you so much for your guide - it was very generous and helpful of you and very much appreciated!

I have given VWFS notice of exercising Section 12, but then rescinded it. I had planned to just use the template you kindly provided to reissue it. I think I have made a bit of a middle for myself: On the 13th November I stated that unless they resolved these matters by December 1st I would make arrangements as permitted by Section 12.

However, when I read the Torts (IwG) Act I couldn’t understand it! Like I said I have anxiety issues; if I understand something I am confident to go to the mat over it, but if I’m unsure then I’m very wary. I could understand the CCA, and your guide filled in any questions I had. So, as I wasn’t sure quite what Section 12 specifically said, I thought it was easier to just dump the car off my drive and let VWFS deal with it.

Therefore, on the 30th November I said I would NOT be using Section 12, but that if the vehicle was not collected (or matters arranged) by the 7th December. I would put it on the public highway.

I then developed doubts about the legality of doing so, and sought advice here. If I was 100% that I could use Section 12 without the potential for blowback, I’d send them 14 days notice and get it done. I may have a problem with this though, as I transferred the V5 to VWFS. Not sure if someone can buy it from me without the V5 and then just apply for it from DVLA (as if it’d been lost) or if that won’t work.

As for court - I’d have no issues whatsoever as long as I was confident my case was secure. I’ll have to read up about small claims court, trespass etc to see how good a chance I have of making it stick.

Given these circumstances, what would you recommend please? (With no liability whatsoever, of course)

Many thanks for your time

P.S. This has been 6 weeks now and other than the letter in the mail about the outstanding amount I have yet to receive anything other than a stock email response to anything I’ve written. It’s abundantly clear this is not getting resolved anytime soon, and I’d rather be rid of the car if I had a choice.

[R0b]

So what is the result you are actually seeking? I've already mentioned the possible things to do, so really the ball is in your court.

[RL86]

Just to update this thread for anyone who is currently interested or comes across this at a later date (I know how annoying it is to come across seemingly helpful threads with no informative closure):

Today I got the latest in a long line of calls from BCA; they have finally managed to convince VWFS to foot the bill for the flatbed. Will be getting hold of the tape. Car will be inspected in 4 days a.m. and collected in 4 days p.m.

So I can’t help anyone with an experience of how using Section 12 or claiming for storage fees goes. Sorry. I will however, post a thread (or in the ‘how did it go’ thread) with a very detailed account of the process once it has concluded, for the benefit of future VTers.

Thanks to everyone for their replies.

[R0b]

Glad i is now sorted, but I think in the end they would have agreed eventually.

Don't expect this to be the end, they might try to batter you with charges inc. the cost of the flatbed.

[RL86]

Thanks R0B; yes I am expecting fun and games. As long as the car isn’t in the way, I’m quite prepared to fight everything else for as long as it takes. I’ll put a full account on the forum when it’s all said and done. I don’t want to put too many details out there while it’s ongoing.

Thanks again!