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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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i have had my car seized for driving on a revoked license i

Customer Question

i have had my car seized for driving on a revoked license i have 14 day to collect it or it will be crushed Dvla say it will take 15 working days to process my license (3 weeks) the police wont let a friend collect it although he has a license and insurance is there an order or injunction i can place on the company that are holding my vehicle and how do i do it
Submitted: 4 years ago.
Category: UK Law
Expert:  Jo C. replied 4 years ago.
Have you spoken to the police and told them it will take 3 weeks?
Customer: replied 4 years ago.
yes i have and they phoned the company that towed the vehicle and told them i want the vehicle and dont want it crushed but i have nothing in writing and if they do crush it thay have in black and whit on the form it has to be collected within 14 days i have nothing only the word of the police that phoned them which they could alwas forget what they said
mark
Expert:  Jo C. replied 4 years ago.
Can you tell me why your licence was revoked?
Customer: replied 4 years ago.
failing to give driver information in 2008 i was found guilty in my abscence and fined and knew nothing about it till i applied 2mts ago for a shot gun licence and give my mob num then out of the blue a local court phoned me and said i have an outstanding fine so i asked what it was for and all of the details they only said court costs and a fine they never told me the out come or to apply for my license a couple weeks later the police turned up at my door step with a no bail warrent and said the same thing and marched me to the cash machine but couldnt tell me the vehicle details or tell me to apply for my license but this doesnt answer my question how do i stop them from selling or scrapping my car
Expert:  Jo C. replied 4 years ago.

 

OK. This makes no sense. You don't get your licence revoked for failing to provide. You may have been disqualified under the totting procedure but then the DVLA would not hand your licence back until the disqualification came to an end. I need to know which really to tell you what to do.

 

The DVLA will tell you.

Customer: replied 4 years ago.
i was given points on my license and didnt send it off because i didnt know so dvla give you 12 months and then suspend/revoke your license i have now applied to dvla and spoke to them it will take 15 working days to process so i can then pick it up but the deakline is tuesday so i only have monday to put a stop to the tow away company from selling or scrapping my car so again again how do i stop them doing that
Expert:  Jo C. replied 4 years ago.

Ah that makes sense now. Maybe would been helpful if you had told me that at the start.

 

You cannot stop a bailiff company taking an action that they are lawfully entitled to do by any form of injunction.

 

What you can do is take action against them quite easily after they have done it. The practical reality is that if you tell them you intend taking this action then that would probably stay their hand as they would be liable for costs afterwards.

 

That said, they will not be removing the car for the revocation of the licence. They will be doing that because you didn't pay the fines arising from the offence and the return of your licence will not resolve that so you need to apply your mind to that point.

Customer: replied 4 years ago.
i dont under stand what you mean can you explain in laymens terms please
Expert:  Jo C. replied 4 years ago.

I don't know how I can make it any clearer.

 

What don't you understand?

 

If I have answered your original question please click on accept so that I can get credit. I will continue to help.

Customer: replied 4 years ago.
the return of my license will let me remove the vehicle untill then i cant remove it they are saying no license no car which is incuring additional costs

you say
What you can do is take action against them quite easily after they have done it. The practical reality is that if you tell them you intend taking this action then that would probably stay their hand as they would be liable for costs afterwards.

what do you sugest to say to them obviously in writing so they cant denigh they have ben told

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