TERMS AND CONDITIONS
subject to copyright
The 'Company' referred to here is Whitakers's also trading in the name of Plate Dealer
The 'Purchaser' referred to is the person or organisation wishing to acquire the rights to a vehicle Registration Mark via the Company, either for themselves or for another, in exchange for a monetary consideration. The Purchaser is the person who states they are placing the order and creates a contract with the Company. All subsequent communication will be between the Company and the Purchaser.
Government Registration Mark certificates that mention the 'Purchaser or Grantee' describe other persons, as they are formed by separate contracts (more below).
The 'Seller' referred to here is the person or organisation wishing to dispose of the rights to a Registration Mark.
The 'Keeper' is the person who is using/keeping the vehicle and is noted on the V5C Registration Certificate. The Keeper is not necessarily the owner of the vehicle.
The 'Nominee' is the person whose name appears on the V750 Certificate of Entitlement or V778 Retention Document as the person or company able to use the registration in addition to the Purchaser or Grantee. If the registration is to be assigned to a brand new vehicle, the Nominee name will need to match that of the registered Keeper.
The 'Cardholder' is the person or company to which a payment card has been issued and is personally named on that card.
The 'Donor Vehicle' is the vehicle from which the Registration Mark is being Transferred.
The 'Recipient vehicle' is the vehicle to which the Registration Mark is being Transferred or assigned.
The 'Assignment' is the moving of the vehicle Registration Mark from an official Government certificate (such as a V750 Certificate of Entitlement or V778 Certificate of Retention) to a suitable vehicle.
The 'Transfer' refers to the process of moving a vehicle Registration Mark between vehicles.
The 'Retention' refers to the process of moving a vehicle Registration Mark from a vehicle onto a V778 Certificate of Retention (holding document).
"DVLA" is an initialism describing the Driver and Vehicle Licensing Agency which is the Government agency ultimately controlling these matters.
The 'Registration Mark' is the unique letter and number combination, issued and authorised by DVLA Swansea, which is to be displayed in order to identify the vehicle.
The Company deals in the 'Rights to display' vehicle Registration Marks. These rights are the tradable commodities which are ultimately controlled by the DVLA. DVLA official documents give control of rights to Registration Marks to the 'Keeper' of a vehicle whose name is printed on the V5C Registration Certificate, or the 'Purchaser' or 'Grantee' or 'Nominee' named on a Registration Mark certificate such as a V750 Certificate of Entitlement or V778 Certificate of Retention.
The Company agrees to provide these transferable rights, in exchange for cleared funds, to the named person or entity chosen by the Purchaser. Once the original owner of the rights has assigned or transferred this right to a suitable vehicle officially kept by that new person or entity then the Keeper of that vehicle will have future control over that Registration Mark. This is in accordance with the rules and provisions of the DVLA Cherished Transfer Scheme.
The 'Number Plates' or 'Licence Plates' are the physical plastic (acrylic) or metal plates which will be fixed to the vehicle displaying the Registration Mark.
The 'DVLA Cherished Transfer Scheme' is the scheme, which the Government Department for Transport has created through the Driver and Vehicle Licensing Agency to allow the public to transfer the rights to Vehicle Registration Marks upon compliance with specific rules and payments of prescribed fees.
The 'Government registration fees' are fees payable to the DVLA for the Assignment, Retention and Transfer of vehicle Registration Marks. They do not presently attract VAT.
The 'MoT' is the test to check a vehicle meets road safety and environmental standards. Vehicles registered in mainland UK require an MoT certificate once they are 3 years old, whilst cars and motorcycles registered in Northern Ireland require one once they are 4 years old.
TERMS & CONDITIONS
The jurisdiction of these terms and conditions is that enforceable by a court in England and Wales under English Law and applies to all business carried out by the Company.
The Company agrees to supply vehicle Registration Marks and ancillary products and services, subject to availability, value added tax (where applicable) and payment of Government fees, at all times.
Please note: all fees and payments noted herein are subject to change.
Section A. Order process - Payments
1. The Purchaser can place an order to purchase the rights to a Registration Mark online or over the telephone. This order will be accepted or declined either by telephone or email response. If accepted a minimum payment of 10% of the total purchase price will be required within 24 hours.
2. The payment will guarantee that the Company does not sell the Registration Mark to anyone else. The Transfer/Assignment cannot commence until full payment is received. The receipt of full payment will be required within 48 hours and is considered to form the basis of a binding agreement to proceed with the purchase.
3. On receipt of full payment the Company will act immediately and in good faith upon the Purchaser's instructions, which will include the provision of bespoke services, so the order cannot usually be cancelled or amended by the Purchaser after this point. The payment is deemed to have been received when the Purchaser's credit or debit card payment has been authorised by the Company's financiers or, in the case of a cheque or other payment method, when cleared funds reach the Company's account. The Company will not conclude final Transfers or Assignments, until full payment is received.
4. In the event that final balances are not received then the Company reserves the right to cancel the sale agreement and retain any deposited monies to cover administrative, re-marketing and ancillary costs. Overdue balances will be subject to interest charges at the rate the Company incurs them from its bankers from the date of the Purchaser's order. Interest rates can vary and will be applied to the Purchaser's account on a daily basis. If the Purchaser fails to honour their contract to purchase, the Company reserves the right to pursue the Purchaser for their loss in administration costs and also any lost profit, if the deposit is not sufficient to cover this.
5. The Company accepts most modern and traditional methods of payment, employing the highest level of security checking available. If the Company suspects that an order has been fraudulently placed then it reserves the right to cancel the order and inform the police without further notice.
Section B. Order process - Order details
1. The Company takes offers for the rights to vehicle Registration Marks over the Internet and on the telephone.
2. Any information collected from the Purchaser, whether by the completion of an online form or by way of a telephone conversation, will be used in good faith to form the basis of a legally binding contract. It is therefore the sole responsibility of the Purchaser to provide accurate information when required to do so. The Company cannot be held responsible for costs incurred or losses due to inaccuracies or mistakes, on the part of the Purchaser. Purchasers are therefore advised not to place their order before being sure of the information they are providing and the services being ordered.
3. The details given for the Keeper of the receiving vehicle must match the V5C Vehicle Registration Certificate (logbook) details at the time of the Transfer or Assignment, for the Transfer or Assignment to succeed.
4. To reduce the risk of misunderstanding, the Company's telephone advisors will always use the Standard English Phonetic Alphabet to pronounce the letters of Registration Marks so that they are not misunderstood. The Purchaser's confirmation will be sought and double- checked.
5. In the case of credit or debit card payments, if the Purchaser is not the Cardholder then confirmation of the Cardholder's permission will be requested and must be supplied in order to proceed.
Section C. Order process - Distance selling
1. Under the Consumer Contracts Regulations (formerly called the Distance Selling Regulations), the Company must inform all Purchasers that the Company's service begins immediately upon a payment being taken. As the Company supplies bespoke services and customised goods, no cooling off period or refunds are given as the Company enters into legally binding contracts with the DVLA, third parties and number plate manufacturers on the Purchaser's behalf, which cannot be changed or cancelled.
2. The Company cannot accept applications to cancel the purchase of Registration Marks. If a Purchaser feels they have made an error and wishes to change their mind about the purchase of a Registration Mark then normally the only remedy will be for them to instruct the Company to offer the Registration Mark for resale by separated negotiation.
Section D. Transfer / Assignment process
1. The Company will always endeavour to process Transfers and Assignments of Registration Marks as quickly as possible but no guarantees of time frames for such processes can be given due to the chance of unforeseen circumstances. Therefore any time frames mentioned are typical times given for guide purposes only.
2. The Purchaser agrees to supply any documentation and fees required by the Company in order to complete the Transfer/Assignment within 21 days unless otherwise agreed in writing by an authorised representative of the Company. The Purchaser agrees that if they delay the Transfer/Assignment in any way without such prior arrangement, then the Company will be entitled to reimbursement from them of any fees incurred as a direct result, e.g. fees for placing the Registration Mark on Retention with the Government.
If the Purchaser is unable to supply documentation within the agreed time frame then it will be necessary for the Company to provide a Donor Vehicle Service in order to place the Registration Mark on Retention with the Government. In this case, the Purchaser will be liable to pay £132.50* (inc. VAT) for provision of the Donor Vehicle, the Government Retention fee of £80, plus any subsequent Government fees relating to the future Transfer/Assignment of the Registration Mark onto the Purchaser's chosen vehicle. Payment of these fees is due within 21 days unless otherwise agreed in writing by an authorised representative of the Company.
If the Purchaser fails to make these payments within the agreed time frame, they will forfeit their rights to the Registration Mark and they will not be entitled to any reimbursement of the monies or any other costs incurred in its purchase. The Company reserves the right to assume ownership of the rights to the Registration Mark in this instance.
3. The Purchaser understands that Registration Mark Transfers and Assignments can be refused or rejected by the Government for reasons beyond the control and responsibility of the Company and so, although rare, failures can occur. Provided the Purchaser has complied with all requests for information, monies and documentation in a timely fashion as required by the Company and can be shown to not having contributed to the failure of a Transfer or Assignment in any way, they will receive a full refund, should a Transfer or Assignment failure occur. If a Purchaser has contributed to the failure then the Company will not be able to offer the Purchaser any refunds whatsoever.
4. It is the responsibility of the Purchaser to inform the Company in writing of the Purchaser's intention to Transfer or Retain a Registration Mark presently assigned to their receiving vehicle, prior to the commencement of the Transfer, and to submit the appropriate Transfer and administration fees. The Company cannot be held responsible for any loss due to the neglect of the Purchaser in this regard.
Section E. Liability for actions of third party suppliers
The Company acts in good faith throughout the transaction and is beholden to the Seller for supplying documentation, the Government for carrying out the Transfer with due diligence, the postal service for delivering documentation accurately and electronic communication systems. Consequently the Company cannot be held responsible for any disappointment due to a failure of performance on the part of such third parties or systems over which it has no control.
Section F. V750 Certificate of Entitlement or V778 Certificate of Retention.
Where a Registration Mark is being held on an official certificate, the Purchaser understands that:-
1. The Purchaser's chosen Registration Mark will initially be issued onto a Government certificate, such as a V750 Certificate of Entitlement or V778 Certificate of Retention, ready for Assignment to a vehicle.
2. Amendments can be made to add or change the Nominee's name by applying to the Company's offices and that the Purchaser should allow 21 days for processing such a change.
3. Such certificates are valid for up to 10 years and require renewal before the expiry date printed thereon.
4. The Company cannot be held responsible for any loss due to the failure of the Purchaser to assign or renew the certificate in time.
Section H. Government regulations
1. It is not possible to make a vehicle appear younger than it is by Transferring or Assigning a younger Registration Mark to it. For example, an Y prefixed registration cannot be Transferred or Assigned to a E prefixed registered vehicle. All Purchasers should consult the registration documents for their vehicle or use the government online vehicle checking service, if they are not sure when their chosen vehicle was first registered. The first registration date of imported vehicles is classed as the date of manufacture. The Company cannot be held responsible for any loss due to the failure of the Purchaser to check the date of manufacture or first registration of the vehicle, in order to determine its eligibility to display a date-restricted Registration Mark.
2. Transfers or Assignments will not be allowed by the Government if the identity or age of the receiving vehicle is unclear from the registration and chassis records, nor will they allow Transfers or Assignments to or from Q registered cars.
3. Transfer fees will apply should the Purchaser choose to Transfer or Retain their Registration Mark in the future. Presently the DVLA fee for vehicle-to-vehicle Transfers is £80 and the Retention fee from a vehicle onto a certificate is £80 (the fee for the next Assignment). All Transfer or Assignment fees must be paid at the time of placing an offer to purchase the rights to any Registration Mark, in accordance with the rules and conditions of the DVLA Cherished Transfer Scheme.
4. Vehicles must be of a type which require (or will require, depending on the age of the vehicle) an MoT test or Goods Vehicle Test (GVT) certificate. Non-testable vehicles such as tractors, steamrollers and milk floats for example, are outside the scope of the DVLA Cherished Transfer Scheme. The Company cannot be held responsible for refunds or failures if the Purchaser purchases the rights to any Registration Mark for a vehicle, which cannot be included in the DVLA Cherished Transfer Scheme.
5. Any eligible vehicle wishing to receive a new Registration Mark must be taxed in accordance with Government regulations at the time of Transfer. Un-taxed vehicles will not be able to receive a new Registration Mark unless they are tax exempt or have a Statutory Off Road Notification (SORN) in force at the time of the application to assign. Any unexplained gaps in the tax periods which are not covered by a SORN, will delay or prevent a Transfer or Assignment.
Section J. Identity protection and customer security
1. In order to complete Transfers the Company will require documents containing personal information. This information will only be used to conduct the business ordered by the Purchaser unless otherwise stated and agreed.
2. Where the Purchaser wishes supply of a Registration Mark to be on a Government certificate for later Transfer or Assignment, the Purchaser understands and agrees that the Seller has a right to anonymity and that the Company cannot supply documents containing personal information of other parties at any time. Therefore, if the Purchaser requires supply of rights on such Government holding certificates as a V750 Certificate of Entitlement or V778 Certificate of Retention, which are privately owned, it may be necessary for the Company to arrange for the documents to undergo a Government process, which involves additional fees and processing times, to remove this personal ownership information. This will all be fully explained to the Purchaser at the time of placing the order.
Section L. Other
1. The contract is between the Company and the Purchaser whereby the Company agrees to acquire a vehicle Registration Mark as an agent for the Purchaser. For this reason the V750 Certificate of Entitlement or V778 Certificate of Retention will list the Company name and address. The Company is not able to change the address on the certificate initially but once the Mark has been assigned to a vehicle, the Company name and address will be on no future documentation.
2. If the Purchaser is planning to assign the Registration Mark to a vehicle not owned by them, or registered to them, the Company recommends that unless the Purchaser is gifting it to the registered keeper of the said vehicle, they draw up a contract to secure or clarify ownership of the Mark. Once a Mark is on a vehicle, unless there is a contract to prove otherwise, the Mark will become the possession of the registered Keeper and the Purchaser will lose all legal rights to that Mark.
3. The Purchaser must have permission from the registered Keeper of the vehicle to which the Registration Mark is to be assigned in order for the Mark to be changed. This relates especially to leased vehicles or those owned by finance companies. The Company cannot be held accountable if the Purchaser fails to get adequate written permission from the Registered Keeper.
4. The Company will always provide a full refund to Purchasers who suffer a failed purchase, Transfer or Assignment due to a fault on behalf of the Seller or the Company. However the Company's liability will be limited to this full refund and not extended to claims for damages, interest on monies lodged with us, consequential loss, expenses or other disappointment.
5. In the event that any of the Company's terms and conditions of business is rendered unenforceable or invalid in a British court of law then this alone will not affect the validity or enforcement of the remaining terms and conditions.
6. The Purchaser understands and agrees that they are to be bound by the rules and provisions of the DVLA Cherished Transfer Scheme.
7. The Company reserves the right to only make refund payments using the same method that the payments were originally made by the Purchaser.
8. Where the payment to be refunded originates from an overseas source (i.e. outside the British Isles), then for security reasons and to provide compliance with Anti Money -Laundering recommendations, the Company reserves the right to make the refund by way of a cheque which can be deposited into a British bank account.
9. The Company is legally bound to protect its personnel from harassment and abuse and any behaviour, which may cause them, alarm or distress. The Company therefore reserves the right to cancel its contract and refuse to have dealings with, any Purchaser who is abusive or aggressive towards its personnel, either verbally or in writing. The Purchaser is reminded that their statutory rights are not affected in any way by the Company's Terms and Conditions.
*Please note: all fees and payments noted in these Terms and Conditions are subject to change.
Customer Complaint Procedure
If you require clarification regarding any aspect of your private plate purchase, or if you have any queries, these can be addressed immediately over the telephone, during office opening hours
If you would like to make a formal complaint, we request that you do so in writing, either by email or letter, so that we can fully and accurately investigate your case. Please give us the main points of your case as well as the Registration Mark and the names of any personnel you may have already dealt with.
We aim to acknowledge formal complaints within 24 hours of receipt, Monday to Friday and to respond within 10 working days. In complex cases, we will ensure updates are sent every 10 working days until resolution. The formal complaint will be dealt with by a Director. Our written responses will include point by point coverage of your complaint. In the unlikely event that we are unable to resolve the case to your satisfaction, we reserve the right to employ the services of an independent mediator or arbitrator to assist us.
The email address for formal complaints is: email@example.com and our postal address is: Whitaker's 1506 Ocean Spa Plaza, Ocean Village, Gibraltar GX11 1AA