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Well your brother won't be driving his merc on a public road.....no vic check then the dvla won't recognise it on there database ie you wouldn't be able to tax it insure it or mot it because you wouldn't have received a new logbook from dvla without a vic check
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Lol, the accident took place in 2009, he's still got the car and has been on road ever since, every year he taxes it, insures it and MOT's it too.
Like I said, if he was to sell the car, before new owner gets logbook through post, he will get a letter to take for VIC.