twentyquestions

Hi everyone!

I have a bit of a tricky situation and I´ve had my head stuck in the sand for some time now, but I want to make sure that my car is legal, though I have a feeling it is not....

Last April (2013) my partner and I bought a car from a second hand car dealer in Malaga. At the time we could not afford to do the transfer of ownership, so it has never been transferred into my partner's name (he is the driver).

The car was purchased with a full year´s ITV, and we are booked in for our renewal next week (so that´s one thing at least, albeit a bit late). Also the car is fully insured for a year.

The issues we do have are:

1. The car is not in my partner´s name

2. For a few months after we purchased the car we helped a 'friend' out by lending him the car and we were informed by the 2nd H dealer that speeding fines had been issued and sent to him (the dealer) as we hadnt transferred the ownership to us. Of course, these remain unpaid.

3. I have no idea if tax has ever been paid on the vehicle, certainally it hasnt been paid by us since we´ve had it.

All of these things are begining to worry me, as I just want to bring the whole thing up to scratch.... I mean, apart from anything else we could never sell the bloody thing with all these issues! and I dread to think what would happen if my OH was ever stopped....

If any of you can advise me on how to go about assertaining exactly how much is owed on the car in terms of tax and fines, and how I might go about transferring the ownership now at this late stage I would be extremely grateful!

Thanks so much for reading this x

Rosemary

Hi and a warm welcome to the Spanish forum on BE. I am the Concierge for the Spanish section and thought that you might find it helpful to know that the moderators for the Spanish forums are Fred James and Bevs, moderators are there to ensure that the site runs smoothly within the rules of BE.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge of the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

mikelincs

I have a feeling you are right to be worried, however, the fines will be in the name of the registered owner, and the dealer should have done the transfer of title, any speeding fines the same would apply. I suspect you really need the help of a gestor at this stage, the car is almost certainly not taxed as that is the job of the registered owner as well, and he will not have done it.

billgates

If the ITV is overdue then is it not illegal to drive it to the ITV centre for a renewal? I may be wrong but I think you have to transport it to the ITV centre on a grua (and back home again if it fails).

pwwm

Think you are right, we see cars being bought in by grua whenever we are there

Fred James

If you have an appointment for an ITV, you can drive it directly there even if the current one has expired.

two tubes of toothpaste

Sorry to worry you, but I think you may be running into a few more problems than you think at the ITV.

There is a list of things you need to take with you -

DNI del portador del vehiculo - ID of the owner of the car - NIE number and passport.
Permisio de circulacion - a form something like our log book.
Ficha Technica - A booklet with all the previous ITV stamps in it.
Recibo del seguro obligatorio del vehiculo - a receipt showing you have paid the current premium for your insurance on the car (not the policy).
Test fee - Something like €40.

If you haven't transferred ownership, I don't see how you can have a valid Permisio de Circulacion.

I would sort out the ownership documentation with the dealer before doing anything else.

As I remember it from buying my second hand car nine years ago, it was a bewildering experience in which I was helped by my one of my neighbours. Both the buyer and the seller have to go to a gestoria to transfer the vehicle. Before this could happen, I had to have my insurance details faxed from my insurance company through to to the gestoria while we waited. The Permisio de circulacion was collected a few days later.

Good luck.

Dxf

Hi
I have taken many cars for their ITV for owners who either are afraid, don´t speak Spanish, or just don´t want to do it.

Just present the fiche technical and permiso de circulaccion and all will be well. You don´t have to be the owner, nor have other documentation in my experience; however I will say they change their procesures regularly

Davexf

two tubes of toothpaste

I'm quoting from the postal reminder that is sent out prior to the ITV - but I agree checking of the documents is not as rigorous as the Post Office used to do for renewal of the Tax Disc !

Fred James

In 14 years I have never been asked for my passport.

You no longer even need to carry proof of insurance in your car as it is all on a central database accessible to the Police and the ITV

As DFX said, Ficha Technica and permiso is all you need.

Incidentally, not having a valid ITV does not necessarily invalidate your insurance and the fine is so small (with no penalty points) that many drivers never bother with an ITV as the fee and the cost of repairs exceed the fine.

two tubes of toothpaste

To reiterate, the postal reminder sent out prior to the ITV asks for DNI, Ficha tecnica, Permisio de circulacion and Recibo de seguro as "Documentacion necesaria".

For DNI, I take along my passport and certificate of residencia.

Whether they look at it or not, in my experience, when walking into Spanish officialdom, carry as much of the documentation asked for as you can.

Would you care for a scan of the reminder ?

Dxf

Hola

I have never had a reminder; like most people in this area, I have two addresses. The place where I live and a separate posting address as the postman doesn´t deliver anywhere near my house. Officialdom has problems with this!

I should add that ITV stations do differ and my local one will happily do an ITV for rematriculation whereas others in this area can do those tests

Davexf

Fred James

As Dxf said, they rarely send out reminders until after the due date if at all.

They definitely do not ask to see the insurance details, whatever it might say on the mythical reminder.

I have checked the official instructions issued to the ITV stations and the only requirement listed is the Tarjeta ITV and the permiso.

Normativa | VEIASA - Verificaciones Industriales de Andalucía, S.A.

two tubes of toothpaste

As of 24th May, 2010.

Documentación

two tubes of toothpaste

"Mythical" postal reminder.

I get mine a month ahead of the test date.