Help - Motorhome Problem! (1 Viewer)

DogsOnTour

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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?
 

Wickolad

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Personally I think you have a major problem as you cannot tax the vehicle without mot and you would need the mot done in the UK as its all electronically linked now. Also, insurance may be void if no tax and mot, as one of the first things they check if making a claim, tyres being one of the other major get outs. May be the only way out of it would be to liase with the authorities and try to get them to reach a mutual agreement with a view to arranging recovery of your vehicle to ferry terminal so that it's not driven on the road, then arrange an mot appointment at a garage nearest the UK port on your arrival. That's the only legal way to drive on UK road when to a pre arranged mot appointment, nearest your location.
I don't think a Spanish mot is possible but I may be wrong.
Seems you may have dropped a goolie by not checking when mot/tax due. You've obviously mentioned it to someone over there or why and how would they know it had expired as tax discs are now a thing of the past.
I'm sorry I cannot offer any more suggestions but maybe someone else on here will come along with more.
Good luck with it, hope you can reach a solution with the Spanish authorities.

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DBK

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One of the big downsides of doing away with the tax disc was there is no longer a visible clue showing when it is due renewal, and as MOTs are usually due around the same time it covered both.

I suspect the OP is royally stuffed and will have to get the vehicle taken to a ferry port by trailer. And there will be a brown envelope from the DVLC waiting on the door mat at home enclosing a fine, at the very least. Nightmare.
 

TheBig1

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you are not the first to think they can get away with it and undoubtably not the last. it would be illegal to drive the vehicle back to the uk regardless of the police seizing the van. all you can do is arrange to re-register the van in spain and get it legal there before travelling

one thing is for certain, avoiding tax and mot will cost a hell of a lot of money to sort out

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TheBig1

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seeing your last post put up as i was typing, i can only offer my sympathies. the police will hopefully take this into account, as its easy to proove
 

Judge Mental

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http://www.a1-solutions-spain.com/c...og/369-getting-your-uk-car-motd-in-spain.html


"Well, after further investigation I can absolutely 100% confirm that you CANNOT get a Gibraltar MOT on a UK-registered car, but you CAN get an ITV. I know, because I went to the local ITV test centre the other day and asked. It’s called una ITV voluntaria and I have an appointment in a couple of weeks to get it done.

But, remember, you can only legally keep your UK vehicle here for six months at a time, without removing it, at least temporarily, from Spain."

and.....read the reply's

http://www.eyeonspain.com/forums/posts-long-9734.aspx

your in a bit of a pickle my friend...was thinking about getting someone with trade plated to drive it back for you..but the MOT is the problem. The ITV procedure mentioned in post above (available from acerain centres - the first step of getting spanish registration apparently) may just be enough to get you back on the road. then get someone with trade plates to drive it home ASAP as this cheaper then a trailer. have MOT booked at your arrival UK port

we have members on here with trade plates I think?
 
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jollyrodger

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Or book it in for a test in this country .as unless things have changed you can still legally drive to a test without mot or tax ,so long as it is a pre-booked appointment and mileage is/ wasn't an obstacle :whistle:
,

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TheBig1

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Or book it in for a test in this country .as unless things have changed you can still legally drive to a test without mot or tax ,so long as it is a pre-booked appointment and mileage is/ wasn't an obstacle :whistle:
,
yes it is, and always was an obstacle. the vehicle must be booked in within a reasonable distance involving just one short journey. also it must be at a specific time prebooked etc. Travelling a couple of days and hundreds of miles is going to cause multiple offences
crossing spain, france then part of the uk is beyond reasonable. the large number of ANPR cameras will ensure multiple tickets and fines in the post
 
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Re-reading the original the vehicle is impounded so can only be released against MOT and insurance certificate. Strikes me as impossible as how the devil can you get an MOT in a Spanish pound?:(
 

Judge Mental

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Re-reading the original the vehicle is impounded so can only be released against MOT and insurance certificate. Strikes me as impossible as how the devil can you get an MOT in a Spanish pound?:(


read my post earlier. he can arrange a specific type of ITV test and get someone with trade plates to drive it back covered under their trade insurance etc.....

where there's a will there's a way

@Snowbird in the know re Spain...
 

TheBig1

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Re-reading the original the vehicle is impounded so can only be released against MOT and insurance certificate. Strikes me as impossible as how the devil can you get an MOT in a Spanish pound?:(
the only way may be to have a police officer accompany the vehicle to an ITV station as said and re-register the vehicle in spain. otherwise driving it on a public highway would be unlawful.
 

tonka

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ITV test on a UK vehicle is not worth the paper it's written on...
I will see if I can find the link..

Sounds like you need a Lawyer / gesture to resolve this one.. The van could be shipped back to UK on a truck, several companies offer the service BUT getting the van released from the police pound will be the issue.
Maybe they will agree if it's a shipping company who collects it....

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TheBig1

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whatever it wont be a cheap fix. a low loader and a fine may be the cheapest option
 

tonka

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Registration in Spain is difficult.
If the hab door is on the UK nearside then it wont get done at all...
Tax implications and costs may not be worth it either, been a few threads about this and often talked about.
Never come across many people who bother to do it...
 

TheBig1

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Registration in Spain is difficult.
If the hab door is on the UK nearside then it wont get done at all...
Tax implications and costs may not be worth it either, been a few threads about this and often talked about.
Never come across many people who bother to do it...
but if refused, you must remove the vehicle from spain straight away I believe. at least it would have a valid test certificate even if it is spanish

think you are right though, a low loader is the easiest legal but expensive option

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Possibly a daft suggestion and don't know the legality but is it feasible for a UK mechanic to do the MOT on the MH in situ? Or would that not be valid due to being in Spain?
 

TheBig1

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Possibly a daft suggestion and don't know the legality but is it feasible for a UK mechanic to do the MOT on the MH in situ? Or would that not be valid due to being in Spain?
its rather tricky as an MOT station must be licenced and regularly inspected. cost a fair bit to run too with the equipment needed, rolling road/brake tester and exhaust gas analysers that need to be calibrated

a few years back a british mechanic on the algarve was doing mot "tests" and their sister garage in the uk would mail out the certificate and register the entry on the system. this quickly got caught and stamped out
 
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Without stating the obvious, has the OP actually asked the cops what his options are?

What resolution are they expecting? (Mot and tax not possible)

If they won't tell him, then surely his only option is a local solicitor (without being rude to him, it's irrelevant what we think, we haven't got his van!)

Edit.....

Discussion here on same issue
http://britishexpats.com/forum/spain-75/mot-runs-out-whilst-spain-what-do-i-do-701091/

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Judge Mental

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Without stating the obvious, has the OP actually asked the cops what his options are?

What resolution are they expecting? (Mot and tax not possible)

If they won't tell him, then surely his only option is a local solicitor (without being rude to him, it's irrelevant what we think, we haven't got his van!)

Edit.....

Discussion here on same issue
http://britishexpats.com/forum/spain-75/mot-runs-out-whilst-spain-what-do-i-do-701091/

similar info in this as from my links earlier:

"you can still take it for a voluntary ITV, which you can do on a uk car. Its just if you get stopped here in spain, at least the guardia may NOT possibly
fingerscrossed.gif
impound the car if a document in spanish says it is at least road worthy. Plus linea directa , knight insurance, abbeygate, here ins pain, offer insurance for UK plated cars."


As I said earlier look around for where you can get one of these done

una ITV voluntaria

http://www.a1-solutions-spain.com/content/en/paul-whitelocks-andalucia-blog/377-itv2it-works.html
 
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tonka

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People keep mentioning the ITV.. Just not legal at all....
Some used to do it and cross their fingers if stopped but the Guardia have been cracking down on UK vehicles that have been running around in Spain for years with dodgy MOT/ITV and road tax.
The ITV stations will easily take people's money and issue certificate if it passes.

from a car import company.
Is the Spanish ITV the same as the UK MOT?
In theory yes. However … a Spanish ITV ‘Certificate of Roadworthiness’ is only legal on a Spanish registered vehicle – whilst a UK MOT certificate, is only legal on UK registered vehicles. There are many UK car owners who think that getting their car checked annually in Spain is equivalent to the UK MOT but it isn’t and it isn’t legal either. An ITV is not a ‘substitute’ for a UK MOT, which is the legal requirement of having the car fully road legal in its country of registration (in this case the UK), even though it’s been used in Spain.

Also this is an interesting read,
http://www.motspain.co.uk/#services

and this especially...
"If you get the grua / impounded we can easily rescue your car from every secenario except no Mot. Although a minor offence, i.e no MoT , for vehicle release it is the most challanging."
 

Flamenca

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I would discuss the matter with an Abogado in Spain without delay. Unfortunately, the solution may prove very expensive. Shipping the vehicle back to UK on a vehicle transporter may be necessary.

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Geejay

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1 Speak to cops, take someone who can speak Spanish if you don't. How can you get vehicle out of compound?
2 Phone Insurance company to see if they can help
3 Do you have Breakdown/Recovery Insurance? Phone them. Member or AA, RAC? Phone them. Do you have legal services help with house/car/travel insurance? Phone them.
4 Speak to a Spanish lawyer
5 Try the MoT in Spain link above
6 Phone British Consulate for advice
 

Wildman

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sorry to hear of your troubles, you need to do some sums quickly as it is looking like you could lose the van and incur a lot of expense.
 

Wickolad

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I've said it once and going by all other input, I think your best option is to appeal to the better nature of the authorities to allow you to have it recovered (trailer/low loader) to ferry port and take it to nearest pre booked UK mot test station. I don't see any other viable option. There will also most likely be a fee to pay for impounding recovery/release of your vehicle just as in the UK. Other than that I think you're stuffed.
Certainly a tough reminder of the need to keep tabs on mot / vel expiry when touring as unfortunately the authorities don't give a shite about your state of mind come renewal date.

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wanderer

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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
 

Wickolad

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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
I was just wondering the same thing, there's no mention of how long ago they expired. Even British cops use a bit of discretion and will usually allow a couple of weeks grace, depending on attitude of driver. Looks like it may be well out of date in this case, to point 'someone' shopped him to authorities.
 

Don Quixote

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Not long enough, but a little common sense helps..........
First port of call is an Abogado in Spain who will advise you of what action you can take, however if the offence includes NO insurance ( which it will as you have no cover from the day the MOT run out - as you are outside UK, so not even "green card cover ) you may have no case.
If the offence over 3/6 months (ie: no MOT )? I think you will have to go to court pay the fine including storage of MH and prove a vehicle transporter has been ordered before they will release your MH for shipping back to UK. In any case get to a Abogado now for a full understanding.
I'm sorry about your death of a nearest and dearest and this might help you a little via Abogado, but in court they will use the clause "ignorance of the law is no excuse"

I do wish you all the luck in the world getting this sorted.

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