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PostPosted: Sat May 12, 2018 12:46 pm 
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Our taxi licencing requires a Statutory Declaration when buying a vehicle privately to licence as a private hire or hackney vehicle, seems a bit of a hassle mainly to the private seller who doesn't understand the trade, its been done to stop hackney drivers stealing plates apparantly, York! seems like over kill on a PHV since private hire have no plate value.

This is the wording.
Where a vehicle has purchased a vehicle by way of private sale – the seller and purchaser shall sign a
formal Statutory Declaration clearly identifying ownership of the vehicle. Such a declaration shall be
given under oath in the presence of a solicitor.

So if the seller was reluctant or could not find the time to visit a solicitor with, with nothing stated about the length of time a vehicle has to be in the registered keepers name, does anyone think it would be acceptable to buy the the vehicle, register it in a well known third parties name until the V5 arrived (DVLA seem pretty quick when change of owner is done online) and then get the Statutory Declaration done? thanks.

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PostPosted: Sat May 12, 2018 7:41 pm 
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agabbycabbie wrote:
Where a vehicle has purchased a vehicle by way of private sale –


Eh????


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PostPosted: Sat May 12, 2018 8:33 pm 
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Location: 1066 Country
Does seem a tad overkill, but I suppose the council has to be sure as to who actually is the proprietor.

In respect of PH, I suppose the old owner can de-license the car, and the new owner license as new.

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PostPosted: Sun May 13, 2018 10:03 pm 
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what?

in english please

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PostPosted: Sun May 13, 2018 10:21 pm 
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Quote:
Where a vehicle has purchased a vehicle by way of private sale –


??

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PostPosted: Mon May 14, 2018 8:52 am 
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Quote:
the seller and purchaser shall sign a
formal Statutory Declaration clearly identifying ownership of the vehicle.


A simple Bill of sale or Transfer between seller and buyer would suffice...no need to make the Solicitors richer at the expense of making the driver poorer.


Anyways..If your names on the V5c Log Book does it matter who actually owns the vehicle?


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PostPosted: Tue May 15, 2018 8:21 am 
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The registered keeper is not always the owner. If you get a car on HP your name is the RK, the car is owned by the HP company until you've fully paid for it.


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PostPosted: Tue May 15, 2018 8:50 pm 
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roythebus wrote:
The registered keeper is not always the owner. If you get a car on HP your name is the RK, the car is owned by the HP company until you've fully paid for it.

So the HP Company would have to have a DBS, or the Directors, or all the Employees?

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PostPosted: Tue May 15, 2018 11:09 pm 
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Chris the Fish wrote:
roythebus wrote:
The registered keeper is not always the owner. If you get a car on HP your name is the RK, the car is owned by the HP company until you've fully paid for it.

So the HP Company would have to have a DBS, or the Directors, or all the Employees?


Interesting question that I meant to find out the answer to recently, but couldn't be bothered.

I assume that whoever has day-to-day control of the vehicle is deemed by local authorities to be the 'operator' (as the Scottish legislation puts it) of the vehicle and thus the relevant licensee, even though they don't technically own the vehicle under an HP agreement - suspect would be similar under certain lease agreements, even when the lessee would *never* own the vehicle.

So I suppose for licensing the vehicle as a taxi it's a bit like the registered keeper thing - ownership isn't the defining characteristic, although I doubt if being the registered keeper necessarily coincides with who would be the relevant taxi licensee either.

Recall a few years ago, when a drunk driver hit my car, and my insurance co provided a car while mine was off the road. The vehicle was treated as a substitution on my own licence, and when my own car was back on the road it was treated as another substitution. (The insurance vehicle was tested and plated by the council.)

So I definitely didn't have any prospect of owning that vehicle and wasn't the registered keeper, yet the council still licensed it in my name.


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