Help - Motorhome Problem!

wanderer said:
I would just like to know when the tax and mot actually expired as i thought the Spanish authorities had a three stops and your siezed . That is why you see see less and less UK registered vehicles in Spain driven around by ex pats . It seems inconceivable that your vehicle be impounded on first offence and not just fined
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I was just discussing this with my friend and it seems to be the case as long as insurance is in place if there is no insurance then it is seized right away.
bill
 
HappyBrewer said:
I was just discussing this with my friend and it seems to be the case as long as insurance is in place if there is no insurance then it is seized right away.
bill
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Bill It might be the case in the UK, but NOT Spain.......... as I live here in Spain regardless of insurance in place ( which cannot be in this case as no MOT = NO insurance ) they will impound a vehicle if they feel it is not "adecuado para ser utilizado en la carretera" in English roadworthy. Without knowing the facts here we are all guessing, but fact is the OP has broken the law period.
Break the law in whatever country your in suffer the consequences.
 
Don Quixote said:
Bill It might be the case in the UK, but NOT Spain.......... as I live here in Spain regardless of insurance in place ( which cannot be in this case as no MOT = NO insurance ) they will impound a vehicle if they feel it is not "adecuado para ser utilizado en la carretera" in English roadworthy. Without knowing the facts here we are all guessing, but fact is the OP has broken the law period.
Break the law in whatever country your in suffer the consequences.
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must be getting the wrong message from my friend the company I am working for has a vehicle in pound at the moment.
the driver was drunk it could take up to two days to get it out of the compound is that true the company sacked him on the spot.
I am going down to pick it up some time next week how much paper work will there be loads I bet
bill
 
HappyBrewer said:
must be getting the wrong message from my friend the company I am working for has a vehicle in pound at the moment.
the driver was drunk it could take up to two days to get it out of the compound is that true the company sacked him on the spot.
I am going down to pick it up some time next week how much paper work will there be loads I bet
bill
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Bill, unless your friend knows all about Spanish policing and the law in Spain I would guess he/she is using the "I assume" mode, in that "this is what is done in the UK", so must be the same in EU. Please understand in Spain they do as they please or what suits them and in this case as I have already stated we do not know ALL the FACTS, so we are all making mountain out of a mole hill....... Until the OP post the facts about the case it just a "good read" for everyone.
 
Could I respectfully point out, as an aside to these specific circumstances that not having a current MOT does not mean that automatically the keeper of the vehicle is not insured.
Yes, the Insurance Co. will not pay out the keeper for damage/injury to him/her. They cannot however exclude a third party from making a claim. As such, the vehicle is covered by the minimum of cover against third party risks.

I am willing to be contradicted on this if the Law has changed.

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Not having a valid MOT can have serious consequences, not least because it is illegal, under Section 47 of the Road Traffic Act 1988. If caught, you face a fine of up to £1,000. More importantly, if you do not have a valid MOT, then your motor insurance will be automatically invalid, leaving you open to a charge of driving without insurance which will add 6 to 8 penalty points to your fine.
Vehicles that are 3 year or older are require to undertake an MOT.
A lack of MOT invalidates your insurance, making you liable for any costs from an accident.
Car insurers also have an obligation to the third parties involved in an accident. It wouldn’t be appropriate if insurers refused to pay out simply if the accident was caused by a driver with no valid MOT.......... HOWEVER you will have a hard case to get them to pay up unless death or serious injury is caused.....................

The most important aspect of car insurance is to restore the third party (innocent party involved in an accident) and their property back to a state previous to the accident. Therefore the lack of a valid MOT cannot be automatically associated with invalid car insurance and must remain two separate offences in their own right.
 
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As I can't see any mention of age or condition of this vehicle it might be a cheaper option to let the police keep it:(
 
As the OP has not replied yet, so far it's a good read and nothing else...............
 
its likely the op has read the comments and decided he doesn't like the advice so will ask again on another probably expats forum. doubt they will post here again
 
as i thought, last viewed the page at 12.21 but didnt have the manners to post a thankyou for the advice offered, especially by our spainish resident funsters

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Don Quixote said:
Not having a valid MOT can have serious consequences, not least because it is illegal, under Section 47 of the Road Traffic Act 1988. If caught, you face a fine of up to £1,000. More importantly, if you do not have a valid MOT, then your motor insurance will be automatically invalid, leaving you open to a charge of driving without insurance which will add 6 to 8 penalty points to your fine.
Vehicles that are 3 year or older are require to undertake an MOT.
A lack of MOT invalidates your insurance, making you liable for any costs from an accident.
Car insurers also have an obligation to the third parties involved in an accident. It wouldn’t be appropriate if insurers refused to pay out simply if the accident was caused by a driver with no valid MOT.......... HOWEVER you will have a hard case to get them to pay up unless death or serious injury is caused.....................

The most important aspect of car insurance is to restore the third party (innocent party involved in an accident) and their property back to a state previous to the accident. Therefore the lack of a valid MOT cannot be automatically associated with invalid car insurance and must remain two separate offences in their own right.
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Hi Don,

Glad to see that nothing has changed since 1988.

Can I point out that your information is not from an authoritive source. I came across many an instance of this occurring from 1988 all the way up to 2001 when I retired.

As I alluded to in my original comment, Insurance Companies cannot alleve themselves of the responsibility of insuring a person who uses a vehicle without an MOT. They would pay compensation to any third party who made a claim arising from an incident.
However, they may decide to not pay the insured for damage to the drivers vehicle. He (or she) would then have to seek restitution from the Court.
Further, the Insurance Co. could seek recompense from the driver to cover any monies that the claim from the third parties may have made.
But, and it's a big but. a driver using a vehicle without an MOT WILL still be Insured.
The last paragraph in your own quote actually states this.
 
TheBig1 said:
as i thought, last viewed the page at 12.21 but didnt have the manners to post a thankyou for the advice offered, especially by our spainish resident funsters
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It's only 4pm now, give the chap a chance. With all that's happened to him recently, he's probably not in too good a place at the moment and trying desperately to sort things out. :)
 
emmitdb said:
Hi Don,

Glad to see that nothing has changed since 1988.

Can I point out that your information is not from an authoritive source. I came across many an instance of this occurring from 1988 all the way up to 2001 when I retired.

As I alluded to in my original comment, Insurance Companies cannot alleve themselves of the responsibility of insuring a person who uses a vehicle without an MOT. They would pay compensation to any third party who made a claim arising from an incident.
However, they may decide to not pay the insured for damage to the drivers vehicle. He (or she) would then have to seek restitution from the Court.
Further, the Insurance Co. could seek recompense from the driver to cover any monies that the claim from the third parties may have made.
But, and it's a big but. a driver using a vehicle without an MOT WILL still be Insured.
The last paragraph in your own quote actually states this.
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As I started out in my first job as a policeman for 5 years before joining the Army for 27 years I feel I have a very good understanding of the Road Traffic Act and what I have stated is fact and not referring casually or indirectly ( alluded ) be it in 1988 or 2015.
If you read my post fully I HAVE written in the last paragraph that a invalid MOT cannot be automatically associated with invalid car insurance, but once in court things can and often change towards laws being broken.
At the end of the day ONLY a fool drives with NO MOT or NO insurance.
 
not 100% certain on the actual law passed, but the police powers of seizing and un-insured or non mot'ed vehicle were updated and increased somewhere about 2005. this was linked to the increase of ANPR cameras being used as detection tools
just like no tax on the vehicle, the dvsa have the power to immobilise (wheelclamp) vehicles which are long overdue on MOT too. If you dont pay release fee and show a booked mot test within 7 days the vehicle is seized and can ultimately be sold at auction or crushed

This happened a couple of years ago to a couple living in their old kontiki. tax and mot ran out so it was impounded. the couple kicked up a fuss and camped out on the verge outside the impound yard for ages. the van was however crushed as they failed to pay up on principle
 
DogsOnTour said:
I write to ask advice, with a view to resolving an issue I have with my motorhome in Spain.

My tax and and mot expired on my vehicle whilst it was in Spain, the police were advise of this by someone and have pounded the vehicle awaiting proof of tax , mot and insurance. I am able to produce insurance but not proof of tax and mot. They have informed me the vehicle can't be released without tax and mot yet I am unable to tax and mot the vehicle whilst it's in their possession! Catch 22!!

Can anyone help by advising on a solution for this situation?
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try this guy re-regd our van give him a call knows what he is at info@spanish-number-plates.com

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maxine and jo said:
this dose not give you all the info on spainish traffico laws best to say nowt
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If you READ the post we are TAKING about THE ROAD TRAFFIC ACT that's in UK NOTHING to do with Spanish traffico............
Think you need a visit to specsavers soon...........
 
Don Quixote said:
If you READ the post we are TAKING about THE ROAD TRAFFIC ACT that's in UK NOTHING to do with Spanish traffico............
Think you need a visit to specsavers soon..........
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if you read the post you will see the problem is of a SPANISH ORIGIN OF WHICH THE ROAD TRAFFIC IN THE UK HAS STUFF ALL TO DO WITH IT maybe your ill felling towards this post lays with your passed employment
max
 
@Broken Link Removed Max, my feeling towards this post and the OP is this HE BROKE THE LAW PERIOD regardless of what country he is in. It has nothing what so ever to do with my past employment. Would you be picking on me if he had crashed into you vehicle? I don't think so.....

Why has he not come back and added he thoughts?, perhaps because he knows he did wrong. As I CLEARLY stated I'm sorry for his loss, but that is no excuse.
 
Don Quixote said:
If you READ the post we are TAKING about THE ROAD TRAFFIC ACT that's in UK NOTHING to do with Spanish traffico............
Think you need a visit to specsavers soon...........
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Sorry DQ but calm down and if you want to post like that add a few of these: :)

And the use of capitals is generally interpreted as shouting, not sure what it means if it is underlined as well. Either you are breaking wind at the same time or you really are getting worked up.

Have some more of these: :):LOL::D:LOL:(y);)

Not these: :(:cry::mad::mad::mad::mad:

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I would be looking out for UK haulage firms looking for a part return load . It all depends on the value and size of the Moho. A PVC or C class should be ok in the back of a curtainsider. How you get it out of the pound and load is another set of problems. Sounds like a complete nightmare which may be untangled by a Spanish lawyer, again at a cost! A lesson to us all maybe?
 
as previously pointed out, the op has not so much as posted a thankyou. like many others with just one question, i doubt they will return let alone become a subscribing member. just bad manners
 
I've a feeling the OP is living in Spain from a thread I've read on an expat forum. Don't know whether that's better for him or not!
 
the op may have sum genuine issues but ignorance is no defence in the eye of the law uk or Spain
BILL

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jumar said:
I've a feeling the OP is living in Spain from a thread I've read on an expat forum. Don't know whether that's better for him or not!
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living in spain with a uk registered motorhome, that they failed to re-register in spain or return to the uk for the legal requirement of an mot. then when somebody reports them to the spanish authorities (why?) the vehicle is impounded. It doesnt take a genius to work out, that the first point of call is a spanish solicitor and plenty of cash. instead they google up a motorhome forum to ask how to correct their problem. when the answer is given, despite viewing the thread the following day, they dont even have manners to say thankyou
 
All I know is if was the op I would of peed off after reading the replies.
He's been told...its his own fault and deserves it to being given a lecture on insurance law both here and in Spain. .

Don't know what the answer is fella and hope you come back and give us an update but reading through this stuff @Judgemental and others seem to offer some good advice..

Sorry about your loss btw and i for one know exactly how easy the simple things in life can easilyget forotten in troubled times. Hope you get something sorted.
 
A person who thinks they are perfect and never make mistakes is arrogant and dangerous yes he did allow the mot to run out and it will cost a lot to put right (if possible) but it won't help him or anyone else to preach about his sins!!
 
Amongst the flak there is some good & sound advice...
But it's not unusual these days for that "advice" to be ignored because it's not what the OP wants to hear, nor does it wave a magic wand to make his problem disappear... poor manners are also not unusual these days.

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