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Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1411
Experience:  LLB, 10 years post qualification experience
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My son has his car impounded for no insurance. It was due to

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My son has his car impounded for no insurance. It was due to insuffient funds in his bank account and the insurance was cancelled. He didn't get the letter telling him it had been cancelled until it was too late. He can't now insure the vehicle - no one would have him. Can I insure the vehilce to get it out of the impound? Can I buy the car from my son whilst it is imopiounded so I become the registered keeper? We the car to sell it to pay off some of his debts. He is in a mess and we can't afford to loos e the value of this car. He vehilce has a prohibition notice on it so cannot be driven. It will be collected on a flatbed trailer.
Submitted: 1 year ago.
Category: UK Law
Expert:  Max Lowry replied 1 year ago.

Max Lowry : Hi, welcome to Just Answer. I will help you with your question.
Max Lowry : Are you there??
Customer: yes
Max Lowry : Okay. Firstly, I would suggest he try a specialist broker, that knows all about impound insurance, to enable the car to be released.
Max Lowry : There are numerous firms out there that specialise in this, such as: http://www.impounded-cars.co.uk
Max Lowry : 98% of people apparently get such insurance when dealing with specialists.
Max Lowry : If that fails, then yes, the vehicle could be sold to you and you could get insurance on it. There is nothing that stops this from happening.
Customer: Yes that is one option for him to get insurance but he is now very high risk and that would cost more than the value of the car. Information I have read on the net says he cannot change the registered keeper whilst in the pound? Some information also says it must be the registered keeper at the time it is impounded that has be insured?
Customer: Does it have to be insured to collect it on a flat trailer - i.e. not driven?
Max Lowry : The vehicle does not need to be insured to be transported on a flat trailer. But, the conditions for release are governed by different legal principles, namely, Regulation 5 of the Road Traffic Act (Retention and Disposal of Seized Motor Vehicles) Regs 2005.
Max Lowry : Reg 5(3) recognises that a person may supply documentary proof regarding ownership, and that the owner need not be the registered owner.
Max Lowry : However, the register is always consulted.
Max Lowry : There is nothing in the Road Traffic Act, nor the Regulations, that prevent the car changing ownership whilst impounded.
Max Lowry : Have a look at Reg 5 here: http://www.legislation.gov.uk/uksi/2005/1606/regulation/5/made
Max Lowry : And the Act, s 165B is here: http://www.legislation.gov.uk/ukpga/1988/52/section/165B
Max Lowry : So, you could purchase it an insurer it to get it released.
Max Lowry : Does that answer your question?
Customer: Things are looking much better. Can I verify that I can purchase it and create documentation to that effect and that will be acceptable to the people in the impound? Do I need to have the V5 changed before they will accept it or will the tear off slip be sufficient. Concerned that DVLA, as quick as they are, will add days to the process all of which adds cost.
Max Lowry : You may need to have the V5 changed, but this isn't essential under the Regs, but it's good evidence for them as to ownership. That said, if you have all the usual docs read to post and try and get it removed on that basis, all signed up, then you should be okay. But do hurry, you only have 14 days to sort this from the day it was impounded.
Customer: Yeh, I really get the fact the clock is ticking. God bless you and thank you. I has been difficult to get information of how I can get him out of this mess.
Max Lowry : Glad to have helped you cut through the rubbish out there and get a straight-forward answer!
Max Lowry : If you need further information, either now or later, just let me know and I'll gladly help out. Please do remember to rate my answer as highly as you can for me. Thank you.
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1411
Experience: LLB, 10 years post qualification experience
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