Civil Fraud
Clone Car Law
Cloned Vehicles
As the name suggests, a clone, a cloned car or vehicle is one which has taken on the identification belonging to another similar vehicle, creating a twin, both displaying the same registration number.
A modern motor vehicle has its vehicle identification number or VIN, attached to it in numerous places. Many cars have a VIN tag on the back edge of the passenger side dashboard and a VIN plate attached to the slam panel under the bonnet.
As well at this, it’s not uncommon to have a VIN tag on one suspension turret under the bonnet and to the upper face of the inner wing under the bonnet or the bulkhead.
Some earlier vehicles had the VIN stamped into the floor, which could be viewed by opening a flap.
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Stolen Cars Used as a Clone
Often the car intended to be cloned is a stolen vehicle. Once the thieves or the crime group have the registration number of the legitimate vehicle, they will apply for V5C log book for it, often using the genuine name and address of a ‘stooge’. Invariably this will be someone who is unemployed and has no assets.
Once the new V5C log-book arrives, the organised crime group is then in possession of the VIN and engine number they want to “transplant” onto the stolen vehicle.
VIN tags are not easy to recreate and only the most sophisticated of criminals have the know how or the contacts to do so, even then, it is rare.
Instead, the engine number in often ground off, the VIN plate on the slam panel removed, along with any other under the bonnet.
Once the stolen car is plated, tagged and has the necessary papers, it is advertised for sale and as the V5C log book is in the name of the seller and being sold from his or her address, no suspicions are raised.
The Law
Car cloning is big business, with low investment and high profits. Therefore, prevention is always better than cure.
Always check the dashboard VIN tag and compare it to the V5C log book. This isn’t fool proof as sophisticated criminals will have a fake V5C created to include the VIN on the dashboard, i.e. that of the stolen car.
If in doubt contact a main dealer and ask them to verify the VIN belongs with the registration number.
Always carry out a Vehicle check or HPI check. Again, this is not fool proof, as the vehicle ID is unlikely to be shown as stolen.
The law is simple: one cannot pass on better title than he or she has. In other words, if the car is stolen the seller has no title to it and therefore cannot sell it on.
While the seller will be liable for, in legal terms, unjust enrichment, total failure of consideration, conversion etc; if the seller is a stooge, he or she will not have any money or assets, making a claim against them pointless.
If you’ve bought a cloned car, call to book a conference:
About Philip Harmer
Having acted in a number of claims involving dishonest conduct, false representation, and unlawful means conspiracy, Philip is experienced in identifying and deconstructing fraudulent behaviour, particularly in the context of the motor trade. He applies a forensic, evidence-led approach to tackling deceitful practices and holds a strong record in exposing misrepresentation in both consumer and commercial disputes.
He regularly advises on
civil fraud, including
clocked mileage claims,
false service history, and
cloned vehicle disputes.
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