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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70109
Experience:  Over 5 years in practice
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hello i changed the name on my logbook and i put my uncles

Customer Question

hello i changed the name on my logbook and i put my uncles name on it, he is not on my insurance and the car is the pound, they said they need a letter from my uncle to get my car back with his id on it we are not speaking so he wont write the letter. how do i get my car back from the pound please?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Why is it in the pound?
Customer: replied 3 years ago.

it was being driven by someone who is not on the insurance

Expert:  Jo C. replied 3 years ago.

What's the value of the car roughly please?
Customer: replied 3 years ago.

6000 pounds its a bmw 5 series

Expert:  Jo C. replied 3 years ago.
I see why you are concerned.

I will just need about 20 mins to type out an answer if thats ok? I'm afraid its fairly bad news though.
Customer: replied 3 years ago.


Expert:  Jo C. replied 3 years ago.

Thanks for the information.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

Unfortunately they are unlikely to release the car to you. Being on the log book doesn't prove ownership actually but its not a point the police will take. Unless the registered keeper gives permission they will not release it.

One option is to seek a mandatory injunction to force them to release it but its not a good idea here. It would be expensive and there are no guarantees ever.

Another option is to lay a complaint at the Magistrates Court pursuant to the police property act. That isn't a good idea really anyway. There is cost and they will just reject the application basically because in law the police don't have to release the car at all. They do have power under PCSSA to crush a vehicle being driven uninsured but they won't do that. Its very rarely used any more.

A better option is to sue your uncle for the value of the car. That is within the small claims court arena so it will be cheap and quick to achieve that. It is likely that he will hand the permission over fast enough if he thinks he will have to pay. You will have to proof ownership but thats not impossible.

You should send him a letter before action giving him 14 days to pay and making clear you will sue in default.

If that fails then you can issue here

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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