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Business terms of service

  1. Interpretation

    1. In this contract, the following definitions shall apply:
      "Auction" the method of sale described in clause 7.
      "Business Day" a day, other than a Saturday, Sunday or public holiday in England.
      "Charges" £25 (Twenty five pounds sterling).
      "Contract" as defined in clause 2.2.
      “Data Protection Legislation” or “DPL” the Data Protection Act 2018 (the DPA), the Data Protection Directive (95/46/EC), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) (as amended) and General Data Protection Regulation (GDPR) and all applicable laws and regulations relating to the processing of the personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other national data protection authority, and the equivalent of any of the foregoing in any relevant jurisdiction.
      “Duration” the period from registration as a Purchasing Company until: we cease to provide the Services, or you cease to be registered as a Purchasing Company.
      “Instant Quote” the quote automatically generated for a Vehicle based on the Purchasing Companies’ Pricing Lists.
      “Personal Data” all information that identifies or serves to identify an individual.
      “Platform” the platform through which we provide the Service, including for example our app or website.
      “Pricing List” your current pricing list for scrappage per-ton, per postcode as notified to us by you and as updated by you from time to time.
      “Privacy Policy” Our privacy policy, available here.
      “Purchase Price” as defined in clause 4.5.1.
      “Purchasing Company” a company who has registered with us, allowing them to access vehicle listings through the Platform in accordance with our Terms. Together, the “Purchasing Companies”.
      “Seller” an individual who lists a Vehicle for sale or auction through the Platform.
      “Services” the ability to purchase or place bids on Vehicles. Where applicable, this includes agency services as described in clause 4.
      “Terms” these terms of service and all other terms of business made available on the Platform or provided to you by us.
      “Vehicle” a vehicle listed for sale, scrappage or Auction on the Platform by a Seller.
      “we” or “us” or “our” New Reg Limited (company number 03143909) (we and us) is a company registered in England and Wales and our registered office is at Unit 5, 117 Liverpool Road, Longton, Preston, England, PR4 5AA. We operate the website www.car.co.uk.
      “you” or “your” the Purchasing Company entering into the Contract with us.
  2. Our contract with you

    1. Contacting us. To contact our customer service team by e-mail at admin@car.co.uk or via our app’s “contact us” feature See clause 23.2 for how to give us formal notice of any matter under the Contract.
    2. Our contract. The Terms apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    3. A contract comes into existence between you and us when you register as a Purchasing Company (see clause 3).
    4. Entire agreement. Our Terms form the entire agreement between you and us in relation to the supply of the Services. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in our Terms.
    5. Reference to a statute or statutory provision is a reference to is as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provisions.
    6. For the avoidance of doubt, text in italics shall not form part of the Contract and is intended to assist with interpretation of the Contract.
  3. Registration as a purchasing company

    1. Our Terms set out the basis and conditions on which we grant you access to the car.co.uk Platform to make offers or place bids on the Vehicles listed for sale or auction. If you do not agree with the Terms, you should not register as a Purchasing Company or use our Services.
    2. To register, you will be required to provide the information requested when prompted. For example, your name, contact details and Pricing List.
  4. Instant quote functionality – our appointment as agent

    Except where expressly provided in this Contract, this section applies solely in relation to our Instant Quote function and your obligations in respect of quotes given by us to Sellers using our Instant Quote function.

    1. Under our Instant Quote functionality, we offer Sellers the opportunity to accept an Instant Quote from us for the sale of a Vehicle for scrap. We make those offers on the basis of your and other Purchasing Companies’ Pricing Lists.
    2. By registering as a Purchasing Company and using our Platform, you appoint us as your non-exclusive agent to provide Instant Quotes for Vehicles on your behalf and to commit you to purchasing a Vehicle where a Seller accepts an Instant Quote provided by us in accordance with and reliance on your Pricing List (please see clause 4.4). Where the Vehicle is as described by the Seller and is capable of collection, you shall be bound to purchase the Seller’s Vehicle (please see clause 4.6). Where the Vehicle is not as described by the Seller or is not suitable for collection, please refer to clauses 4.7 and 4.8.
    3. The Instant Quote and the inspection and collection of a Vehicle pursuant to clause 4.2 shall be subject to our Terms.
    4. If an Instant Quote is accepted by a Seller. Where a Seller accepts an Instant Quote in accordance with clause 4.2, we will notify you of their acceptance and you shall be bound to purchase the Seller’s Vehicle provided the Vehicle is as described in the listing (please see clause 4.6).
    5. Payment. We will notify you to confirm that an Instant Quote has been accepted and set out our Charges (see clause 12). The payment for the car shall be transferred as follows:
      1. You shall immediately transfer to the seller via a BACS payment to the bank account details supplied by the seller as part of the quote;
      2. Upon invoice by Car.co.uk, a payment shall be made within 30 days to the bank account supplied on the invoice.
    6. Inspecting and collecting the Vehicle. You shall agree a time for inspection and collection direct with the Seller using the contact details provided to you on confirmation of the Seller’s acceptance of the Instant Quote. If the Vehicle is as described by the Seller, you are responsible for identifying the Seller in accordance with your obligations (see clause 10.1.7). Subject to obtaining satisfactory proof of identity, you must collect the Vehicle, and arrange for payment of the Purchase Price to be transferred to the Seller.
    7. If the Vehicle is not as described. If upon inspection of the Vehicle it is apparent that the Vehicle does not match the description given by the Seller and this negatively impacts on the value of the Vehicle (for example the car does not have alloy wheels), you will not be obliged under these Terms to purchase the Vehicle. For the avoidance of doubt, we will not be liable to you for any loss or damage suffered as a result of a Vehicle not being as described by the Seller.
    8. If the Vehicle is not accessible for collection. If despite using your reasonable endeavours to collect the Vehicle, the Vehicle is not accessible (for example, because the Vehicle is not safe to move, has been destroyed, you cannot gain access to the Vehicle for collection, or you have not been able to adequately identify the Seller), you will not be obliged under these Terms to collect the Vehicle.. For the avoidance of doubt, we will not be liable to you for any loss or damage suffered as a result of a Vehicle not being accessible for collection. For the avoidance of doubt, we will not be liable to you in any circumstances for any costs incurred by you in attending the Seller or inspecting the Vehicle.
    9. We do not provide a sale guarantee.Our “Instant Quote” functionality is programmed to offer Sellers the best price available per-ton of scrap in their postcode and therefore by entering into this Contract you acknowledge that we do not promote one Purchasing Company over another.
  5. Making an offer in response to a two hour listing

    This section applies solely in relation to offers made by you in response to a 2 hour listing for sale or scrappage placed on our Platform by a Seller.

    1. Payment. Payment for the Vehicle shall follow the same procedure as set out in clause 4.5 above. All references to “Instant Quote” shall be substituted by “your quote” for the purpose of this clause.
    2. Inspection and Collection of the Vehicle. Inspection and collection of the Vehicle shall follow the same procedure as set out in clauses 4.6 to 4.8.
    3. Providing a quote. Please follow the process set out in the Platform to offer a quote. You may only submit a quote using the Platform. Please note that each quote is an offer by you to buy the Vehicle specified in the listing. Your quote is subject to these Terms.
    4. Correcting input errors.Our quoting process allows you to check and amend any errors before submitting your quote to the individual. Please check the quote carefully before confirming it. You are responsible for ensuring that your quote is accurate based on the information provided by the Seller.
    5. Acknowledging your quote. After you give your quote, you will receive an email from us acknowledging that it has been provided to the Seller, but please note that this does not mean that your quote has been accepted. Acceptance of your quote will take place as described in clause 6.6.
    6. Accepting your quote. Your quote is accepted when you are notified by us of the Seller’s acceptance.
  6. Auction

    This section applies solely in relation to offers placed by you in response to auction listings placed on our Platform by a Seller.

    1. We do not act as auctioneer and will not appoint a third party auctioneer. Our Platform is a sales platform fulfilling an intermediary role. We operate a market place and we are not a traditional auctioneer.
    2. Payment. Payment for the Vehicle shall follow the same procedure as set out in clause 4.5 of the Terms. All references to “Instant Quote” shall be substituted by “your bid” for the purpose of this clause.
    3. Listing duration. The listing shall last for 7 consecutive days, including weekends. During the 7 day bidding period, any Purchasing Company may submit bids to the Seller for a Vehicle. Each Purchasing Company will be able to see the highest offer placed by any other Purchasing Company.
    4. Reserve Price. The Seller may choose to set a reserve price for a Vehicle listed for auction and shall have no obligation to sell the Vehicle if the reserve price is not met. You will not be notified of the reserve price and neither we nor the Seller shall be liable to you for any loss or damage you suffer as a result of placing a bid that failed to meet the reserve price.
    5. Making an offer. Please follow the process set out on the Platform to place your bid(s). You may only submit your bid(s) using the Platform. Each bid is an offer by you to buy the Vehicle subject to these Terms.
    6. Correcting input errors. Our bidding process allows you to check and amend any errors before submitting your bid to the Seller. Please check the bid carefully before confirming it. You are responsible for ensuring that your bid is accurate based on the information provided by the Seller.
    7. Acknowledging your offer. After you place your bid, you will be notified that your bid has been provided to the Seller. Please note that this does not mean that your bid has been accepted. Acceptance of your bid will take place as described in clause 7.5.
    8. Accepting your offer. Subject to clause 6.4, the Seller is obliged to accept the highest bid placed by a Purchasing Company during the Auction and to sell the Vehicle to the Purchasing Company which placed the highest bid. You will be notified via our Platform if your bid was the highest bid. Subject to clause 6.9, where you are the highest bidder you are obliged to purchase the Vehicle.
    9. Inspection and collection. Inspection and collection of the Vehicle will follow the same procedure as set out in clauses 4.6 to 4.8.
  7. Cancelling your contract

    1. You may cancel the Contract if you notify us as set out in clause 8.2. We require 14 days' notice for the cancellation and, subject to these terms, you are obligated to complete any purchases where you have:
      1. been retained as Purchasing Company under an Instant Quote made pursuant to clause 4;
      2. quoted for a Vehicle in accordance with clause 6 and that quote has been accepted by the Seller; or
      3. placed a bid for a Vehicle under clause 7 and your bid has been successful.
    2. To cancel the Contract, you must complete the cancellation form on our Platform. We will contact you to confirm we have received your cancellation.
  8. Our services

    1. Descriptions and illustrations. The images, videos and other media describing or showing the Services or products on our website are for illustrative purposes only or for showing Vehicles. Although we have made every effort to display the colours and layout of our listings accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products or that an identical layout will be achieved when displaying your advert.
    2. Changes to our Services. We reserve the right to amend the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.
    3. Reasonable care and skill. The Services will be provided using reasonable care and skill.
    4. Scope of authority. Except as authorised by you in this agreement or otherwise in writing, we warrant that we shall not act in a way which will incur any liabilities on your behalf. For the avoidance of doubt, we shall have no obligations or liabilities traditionally associated with agency unless specifically set out in our Terms.
  9. Your obligations

    1. It is your responsibility to ensure that:
      1. the terms of your Pricing List (as defined in clause 4),your quotes and bids pursuant to clauses 5 and 6 are complete and accurate;
      2. you co-operate with us in all matters relating to the Services;
      3. you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
      4. you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
      5. you hold public liability insurance to the value of £5,000,000 (five million pounds sterling);
      6. you comply with all applicable laws, including DPL (see clause 17.2), anti-bribery and anti-corruption laws including but not limited to the Bribery Act 2010 and health and safety laws; and
      7. You are responsible for obtaining any proof of identity of the Seller required by law and uploading this to the Platform. Before collecting the Vehicle, you must obtain a minimum of two pieces of identification, including photographic ID and proof of address, and satisfy yourself that the Seller is the owner of the Vehicle or is authorised by the owner of the Vehicle to sell it. By taking collection of the Vehicle, you warrant that you have taken adequate proof of identity of the Seller and that they have the requisite authority to sell the Vehicle. We are not liable to you for any loss or damage suffered as a consequence of failing to obtain adequate proof of identity or authority to sell from the Seller.
    2. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 10.1 (Your Default):
      1. we will be entitled to suspend your access to our Platform until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 20 (Termination);
      2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
      3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  10. Location of service

    1. We only list Vehicles in mainland Great Britain (excluding Northern Ireland, Isle of Man, Isle of Wight, Isles of Scilly and the Channel Islands).
    2. If you are located outside of the area where we promote the Service, you may not use the Services.
  11. Charges

    1. In consideration of us providing the Services you must pay our Charges and in accordance with this clause 12.
    2. We take reasonable care to ensure that the amounts stated as payable in respect of our Charges are correct at the time when the relevant information (the Purchase Price or Adjusted Purchase Price) was entered into the system. However, please see clause 12.6 for what happens if we discover an error in our Charges.
    3. Our Charges may change from time to time, but changes will not affect any Services we have already begun to provide.
    4. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
    5. It is always possible that, despite our reasonable efforts, our Charges may be incorrectly priced. Where the correct amount due in respect of our Charges is less than the price stated when you made payment to us, we will charge the lower amount and refund any balance to you within 10 Business Days. If the correct amount due in respect of our Charges is higher than the price stated on our site, we will invoice you for the sums which remain outstanding
  12. How to pay

    1. Payment is due immediately in accordance with clause 4.5.
    2. You can pay our Charges for the Services using a debit card or credit card. We accept the following cards: Visa; Maestro; and MasterCard. We also accept payment via PayPal.
    3. We will send you an electronic invoice when confirming to you that either:
      1. an Instant Quote;
      2. a quote; or
      3. a bid
    4. has been accepted by the Seller.
    5. If you fail to make a payment under the Contract with 24 hours of our confirming that an Instant Quote or your offer or bid has been accepted, then, without limiting our remedies under clause 20 (Termination), we may cancel your offer to the Seller and give an alternative Purchasing Company the opportunity to purchase the Seller’s Vehicle. You will remain liable for our Charges and you shall have to pay interest on the overdue sums in respect of our Charges from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 13.4 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
    6. All amounts due under the Contract must be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  13. Complaints

    If a problem arises, or you are dissatisfied with our Services, please contact us using the contact details set out at clause 2.1.

  14. Intellectual property rights

    1. All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) are owned or licensed by us.
    2. We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy use our logo for the purpose of advertising your use of our Platform in the course of your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 15.2.
    3. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
  15. How we may use your personal information

    1. We will use any personal information you provide to us to:
      1. provide the Services;
      2. process your payment for the Services; and
      3. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
    2. Further details of how we will process personal information are set out in our Privacy Policy.
  16. Data protection

    1. We shall comply with its Privacy Policy for the Duration, but where there is conflict between the Privacy Policy and this Contract, this Contract shall prevail. If the Privacy Policy or these Terms do not comply with the DPL then we reserve the right to comply with the DPL and will not be in breach of these Terms for doing so.
    2. Both Parties agree to comply with all requirements as set out in the DPL.
    3. The Parties agree to provide reasonable assistance as is necessary to each other to enable them to comply with rights of Personal Data subjects and to respond to any other queries or complaints from individuals, e.g. the rectification, erasure, transfer or blocking of that individual’s Personal Data.
    4. We shall not process Personal Data for longer than is necessary to carry out the Services.
    5. We shall continue to retain Personal Data in accordance with any statutory or professional retention periods applicable to our business or in accordance with our internal retention policy.
    6. Having regard to the state of technological development and the cost of implementing such measures, both Parties have in place appropriate technical and organisational security measures in order to prevent:
      1. Unauthorised or unlawful processing of the Personal Data; and
      2. Accidental loss or destruction of, or damage to, the Personal Data and ensure a level of security appropriate to the nature of the Personal Data to be protected and harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage
    7. It is the responsibility of each party to ensure that its staff members are appropriately trained to handle and process Personal Data in accordance with the technical and organisational security measures it has in place from time to time together with any other applicable DPL.
  17. Limitation of liability

    1. Nothing in our Terms limits any liability which cannot legally be limited, including liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    2. We have given commitments as to compliance of the Services with relevant specifications in clause 9.3. In view of these commitments, the terms implied by sections 13, 14 and 15 of the Supply of Goods and Services Act 1982 and other statutory obligations are, to the fullest extent permitted by law, excluded from the Contract.
    3. Subject to clause 18.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any indirect or consequential loss or loss or damage to:
      1. profits;
      2. sales or business;
      3. agreements or contracts;
      4. anticipated savings;
      5. corruption of software, data or information; and
      6. goodwill.
    4. Subject to clause 18.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total amount of the Charges paid under the transaction from which such liability arose.
    5. Unless you notify us that you intend to make a claim in respect of an event within the two month notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
    6. Nothing in our Terms limits or affects the exclusions and limitations set out within them or otherwise notified to you by us or in your use of the Service.
    7. This clause 18 will survive termination of the Contract.
  18. Confidentiality

    1. We each undertake that we will not at any time during the Contract, and for a period of two years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 19.2.
    2. We each may disclose the other's confidential information to the minimum extent necessary:
      1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 19; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
    4. This clause 19 shall survive termination of the Contract.
  19. Termination

    1. Without limiting any of our other rights, we may suspend your access to our Services, or terminate the Contract with immediate effect by giving written notice to you if:
      1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
      2. you fail to pay any amount due under the Contract on the due date for payment;
      3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up (whether voluntarily or by order of the court), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction, except where any such action is for the purpose of a solvent restructuring;
      4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    2. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
    4. On termination, you shall immediately pay to us any outstanding Charges and any outstanding amounts or unpaid invoices shall fall due.
  20. Events outside our control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended for the duration of the Event Outside Our Control.
    3. If an Event Outside Our Control continues for more than 7 days, you may terminate without recourse except, except as expressly provided in this Contract (see clause 20).
  21. Non-solicitation

    You must not attempt to procure services that are in competition with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.

  22. Communications between us

    1. When we refer to "in writing" in these Terms, this includes email and notices delivered in the Platform.
    2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or another next working day delivery service, or by email or notices delivered in the Platform.
    3. The following table sets out methods by which a notice may be sent and its corresponding deemed delivery date and time:
      Delivery method Deemed delivery date and time
      Delivery by hand or courier. On signature of a delivery receipt or at the time the notice is left at the address.
      Pre-paid first class post or other next working day delivery service providing proof of postage. Midday on the second Business Day after posting or at the time recorded by the delivery service – whichever is earlier.
      Email. At the time of transmission if on a Business Day between 9am and 5pm, otherwise at 10:00 on the next Business Day after transmission.
    4. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
  23. General

    1. Assignment and transfer.
      1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on our webpage if this happens.
      2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    2. Variation. Any variation of our Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms except as expressly provided for in our Terms.
    6. Governing law and jurisdiction. Our Terms and the Contract are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms or this Contract to the exclusive jurisdiction of the English courts.
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