If you have the ability to take a case yourself, then by all means go for it. Even if it is unsuccessful at Tribunal, it will be a financial burden on your previous employer, and they may be willing to offer you something in the way of compensation, in order to avoid litigation. Obviously, in June of this year, the reason they gave you for making you redundant was eronious. And no, it doesn't have any effect on your case if you took voluntary or compulsory redundancy. One more thing. The next job you get, JOIN A UNION!

Sorry for the delay in responding to this thread. As of todays date, I now have a Z3 which was a category B write off in 2006, back on the road. The car was VIC tested on 2nd September 2010, and failed. An appeal was lodged, and the car was retested on 2nd November 2010. After being tested, a query arose as to the correct engine number. That issue was resolved, and I was informed on the 4th November, 2010, that the car has passed the VIC. I MOT'd the car on Saturday, 6th November, 2010, (my birthday!) and I shall now apply for road tax. So, I have proved that it can be done, and if I can do it, so can you!

Update My car has now been booked in for a VIC and an MOT on the same day. For whatever reason, the MOT is booked in first! I suggested at the time of booking that perhaps the VIC should be done first, but was told it didn`t matter. I also informed the clerk that the car was a Category B in 2006. His reply? "They all are"!! Since my last post, I raised your points with regard to EPA with a breaker friend of mine, and his response was that that doesn`t apply. The reason for this is that the term "controlled waste" only applies when the vehicle has been broken, and refers mainly to any and all substances which would be hazardous to the environment. The point he made to me was that you cant have a category B vehicle classed as controlled waste when the category allows for parts of that vehicle to be recycled. To be honest, even from a subjective point of view, I see what he means. My own (somewhat limited) understanding of the categorisation by the ABI is that category B vehicles would be vehicles which have suffered a level of damage to the bodyshell so as to make it impossible to return the vehicle to a safe condition using that same bodyshell. That was not the case in relation to my car. I believe, as previously stated, that this car should have been category C, uneconomical to repair. Right now my main concern is passing the VIC.

Update. I contacted my insurers this morning to ask if it is possible to obtain insurance on a category B write off. They said that it would be possible, as long as the vehicle has passed a VIC test, has a current MOT where applicable, and they may require an Independant Engineers report. I think the best thing is to go with the flow as you say. At the end of the day, the insurance companies are in it to serve their own interests, which is wholly understandable. The ABI categorisations, (A, B, C, D, etc ) are industry guidlines only, but the DVA, who say that categories A, B, and C must pass a VIC test before being returned to the road, are the legislators. I wish I could divulge more info, but I am not in a position to do so at this stage. In my opinion, this vehicle will be safe to return to the road, and I will do all that is necessary to ensure that happens. I am well aware of the risks posed by dangerous vehicles being allowed on the road, and have never been upset when my vehicle fails an MOT, because I know when it passes that the vehicle is safe. So I am therefore quite happy to subject this car to any test the insurers may see fit. I think it should also be remembered, that when the flood damage was sustained, this car wasn`t the only car to have suffered, so I have no doubt that the insurance assesors would have been very busy around that time. It may have been quite appealing for them to just write it off with insufficient inspection considering that they would have had quite a few vehicles to examine. As it was rain water, I think the chances of it being clean would have been high, but obviously not 100%. Structurally the car does not appear to have suffered from being submerged in water, and as I said before, everything is working. No doubt the MOT will verify that. As for selling it on, that would not be an issue as I intend to keep the car. Thanks for your help! Philip

I`m not disputing what you say, but it seems to raise more questions. Surely the insurance company would have a lawful obligation to ensure that this category B vehicle went to an ATF. It would not be in their interests for this matter to be publicised. In order to avoid any adverse publicity, and the fact that the vehicle is at this time roadworthy, perhaps it was a typo after all??

Wow!! What a reply!! And thank you!! I understand what you are saying about the controlled waste, but I think this car came from a breaker, ( not an ATF) to the person who I bought it off. It has been in his garage since 2008. The DVA have this car down as needing a VIC. Now that being the case, surely there must be an argument for not breaking the car. If the car is roadworthy enough, then isn`t it more environmentally friendly to use the car, rather than breaking it up, and having to deal with all that controlled waste? The car was flood damaged, as my enquiries have led me to the insurance company who paid out on the vehicle. The upholstry was damaged, and was subsequently removed. As to when, I don`t know. I have inspected the car, and although I am not a mechanic, I do know my sucks from my squeezes, and my bangs from my blows. The car is going, ie:- driving, and all the safety functions and controls work as they should. Underneath there appears to have been a new exhaust fitted, as the rust you would expect to see on a 9 year old car is less prevalent on it, than the underbody. I do understand what happens when water enters a compression chamber, simply because water can not be compressed. The chassis is intact, there is no water damage to the paint anywhere on the car, infact, on examining the car, it is clear to see that all nuts and bolts, mountings, brackets and fittings are original. You say you have seen cars that were category B, reclassified to cat C? I would be interested to know how to go about that. The insurance company said that once a car has been categorised, that`s it! But I wouldn`t have expected them to say anything else!!! Oh btw, what DOES it rythm with?? LOL!!

I would like to add my ha`pence worth to what is a very informative and entertaining thread. (That could all be about to change!) Here are two scenarios, both of which are from personnal experience. 1 I was involved in a motorcyle accident, which was third party responsibility, (other driver at fault). The bike was left at a motorcycle dealers, where the insurance engineer viewed it. He came to my door, and without discussing the damge caused, asked me what I wanted to do with the bike. IOW, did I want the bike back, or did I want it scrapped. 2 I have just purchased a category B vehicle, with the intention of putting it back on the road. The vehicle was flooded in 2006, and that was the reason it was cat B. This is where the ambiguity sets in. Firstly, the ABI code of practice states "category A or B write-off - vehicles which should have been crushed and never returned to the road". It must be noted that this is "A CODE OF PRACTICE" However, the DVLA state, :- How a VIC marker is set Insurers must notify the Driver and Vehicle Licensing Agency (DVLA) of all cars ‘written off’ within salvage categories A, B or C. This notification will set a ‘VIC marker’ against the DVLA vehicle record. While a VIC marker remains set, DVLA won’t issue a registration certificate V5C, or vehicle licence reminder V11. The VIC marker will only be removed when the car passes a VIC. Having purchased a category B vehicle, with the intention of returning it to road use, I made enquiries as to the exact position. So to clarify, the categorisation used for disposal of damaged cars, by the insurance industry, ie, A, B, C, D, is for industry guidance only. The classification by the DVLA, is the law! In other words, ANY category of damage, can be returned to the roads, as long as it has been shown to be in a state which is safe to be used on the road. Now obviously, when it comes to cat A, this is academic, but there is NOTHING in the legislation which rules it out completely. I do hope this helps someone, and has made a worthwile contribution to this thread.