"Destroyed" car being driven around

conundrum

Hope this is in the right section and that you don’t mind my picking your brains with this dilemma, sorry it’s so long but it is a bit complicated.:o

My better half had an accident at the beginning of last year in which the car was written off (luckily he was unharmed). The insurance company gave him the number of a tow company who took the car to a place where the insurance company assessor deemed it a write-off and it was taken to be destroyed by a salvage company (also recommended by the insurance company). Time passed with no payout so he rang the insurers to say when could he expect the money as he needed it to put toward another car, and the insurers replied not until the salvage company informed them that the car had been destroyed. Time passes. He rings the salvage company director who says the car has indeed been destroyed and then confesses there is a problem with his licence, which is why he can’t issue the certificate of destruction yet, but not to worry because he will send a letter to my partner stating that the car was indeed written off, and he can show it to the insurers. The insurers accept that and make the payout. The new car was bought. To our great regret we did not follow up on the certificate of destruction...

Then, a few days ago, over year after the car was destroyed (?) a fine arrives, for this car, for being illegally parked earlier this year (and even if it were last year the time and place mean it couldn't have been us). At the garda station they told him that he has to get a certificate of destruction and the letter is not proof of destruction. If he doesn’t get the certificate he has to pay the fine. He rings the salvage agent who says he still doesn’t have a licence, but not to worry (!!!!!!) because he saw the car wrecked. The gardi didn’t seem worried about the car being driven around or a salvage agent without a licence.

Apart from paying a fine we can ill afford to pay, there is someone out there either in the original car, registered to my partner, who could do far worse than park illegally. Either that or it is cloned. Salvage agent is dodgy to put it mildly, and keeps blithely saying that he simply can’t issue the certificate. The gardi don’t seem interested in doing anything except telling us to get the certificate of destruction (maybe a lot of people say stuff like this to get out of fines?). We have the paper trail to prove everything that happened except the actual destruction of the car. The letter however, was really just a scrap of paper – when I saw it I couldn’t believe the insurers took it as proof of anything. So where to start? Lawyer ?(not a good time for us to be consulting a lawyer, financially speaking…), ombudsman? Would the gardi be obliged to look into it for us if we insisted?

Any input would be MUCH appreciated – and thanks for reading anyway!

MagicSean

First thing is to write to Shannon and tell them you are no longer the owner of that vehicle as it has been destroyed. Then write to the Super of the Garda station and explain what happened. Keep the letter from the salvage operator for court.

conundrum

Thanks for such a prompt reply!

First thing is to write to Shannon and tell them you are no longer the owner of that vehicle as it has been destroyed.

They won't ask for the certificate of destruction? Will just write anyway and see what happens...

Keep the letter from the salvage operator for court.

Hope you mean just in case it ever gets to court!

Thanks again, much appreciated.

unattendedbag

Do as k-mac suggested. Also keep the paper tail you mentioned. If the parking fine goes to the summons court then bring it with you and show it to the judge. Also explain that you reported the matter of your wrote-off car still being driven around to the Gardai and to the department in shannon. Also feel free to mention to the judge that the salvage agent doesn't have a licence so cannot issue you a cert. It should be more than enough to get the parking fine thrown out. You shouldnt even need a solicitor in court.

Del2005

I'd contact your insurance company and tell them what a shower of cowboys they made you deal with.

I think once you've received the check they now own the car/wreck so start pressuring them.

conundrum

Many thanks for your replies, your suggestions are spot on. My partner actually went to the garda station again yesterday afternoon and asked to see the sergeant this time to again show the paper trail. Totally different experience to the previous night (when he spoke to the front desk). The sergeant rang the salvage agent and within minutes a certificate of destruction was drawn up and faxed through. Suddenly it was all perfectly possible…

The gardai reckon the fine was just a case of the warden making a mistake when noting down the registration number. Will get onto Shannon anyway in case anything like this ever happens again. Talked to the insurance company and they say they no longer use the salvage agent – it turned out the insurance company had also lost the car registration papers – pity I can’t name them but needless to say will not be using them again.

Thanks again all for your help.