cgksheff Posted April 5, 2012 Share Posted April 5, 2012 True, ............ Untill you receive that confirmation you are responsable for any parking fines the vehicle gets. Not true. If you have proof that you had handed over the car, you have no legal resposibility to pay the fine. The problem that the OP has in this case is that they ignored the notice and said that they won't pay. They should have appealed at the first instance. Now that it has gone to hungry bailiffs and they have no evidence of the date of transfer, they may well be stuffed. I would recommend that they immediately write, Special Delivery, to Leicester explaining all the facts simply and clearly ... that the car was transferred to xxxx, of xxxx st/dealership at xxx o'clock on xxx of xxx. If there are no receipts etc. to prove the facts, they should consider swearing an affidavit as to the truth of their statements. Possibly do the same with a witness to the sale/return. Will the affidavits etc. cost more than paying the fine? Link to comment Share on other sites More sharing options...
Bluelight Posted April 5, 2012 Share Posted April 5, 2012 Not true. If you have proof that you had handed over the car, you have no legal resposibility to pay the fine. The problem that the OP has in this case is that they ignored the notice and said that they won't pay. They should have appealed at the first instance. Now that it has gone to hungry bailiffs and they have no evidence of the date of transfer, they may well be stuffed. I would recommend that they immediately write, Special Delivery, to Leicester explaining all the facts simply and clearly ... that the car was transferred to xxxx, of xxxx st/dealership at xxx o'clock on xxx of xxx. If there are no receipts etc. to prove the facts, they should consider swearing an affidavit as to the truth of their statements. Possibly do the same with a witness to the sale/return. Will the affidavits etc. cost more than paying the fine? ---------------------------------------------------------------------------- Your statement differs from what the DVLA website says. Link from DVLA website http://www.direct.gov.uk/en/Motoring/BuyingAndSellingAVehicle/RegisteringAVehicle/DG_4022311 Motoring How to notify DVLA if you sell your vehicle You must notify the Driver and Vehicle Licensing Agency (DVLA) immediately of the exact date of sale or transfer of your vehicle using the registration document or certificate. You and the buyer should follow the procedures correctly or you will remain liable for the vehicle until DVLA records have been updated. What you and the buyer need to do You should notify DVLA immediately using the appropriate section of the registration document or certificate. You should also keep a separate note of the buyer's name and address details. If you are selling to a motor trader you can find more information using the link below. Selling to a motor trader Registration certificate V5C If you have a registration certificate you must complete section 6 'new keeper or new name/new address details' of the V5C. Both you and the buyer must sign section 8 and send the V5C immediately to DVLA, Swansea, SA99 1BA. You must also give the buyer the properly completed V5C/2 section. If you sell the vehicle to a 'motor trader' (see notes on back of the V5C/3 for definition) you must complete the V5C/3 section. You must also obtain the details and signature of the motor trader and post it to DVLA, Swansea, SA99 1BD. Don’t rely on anyone else to send it in. Both the V5C and V5C/2 sections (uncompleted) should then be passed to the trader. The registration certificate has accompanying guidance notes INS 160. These notes are available for download below. Link to comment Share on other sites More sharing options...
Mr Gobby Posted April 5, 2012 Share Posted April 5, 2012 If they do send the Bailiffs, I wouldn't bother kicking up a fuss, as if you get arsey with them, they'll get even more arsey back and that's where you end up in dire straits. I have no experience of this sort of thing so I'm probably talking rubbish (as I'm sure somebody will tell me shortly) but best to be safe. Yes your talking rubbish !!!! Link to comment Share on other sites More sharing options...
Amaranthus Posted April 5, 2012 Author Share Posted April 5, 2012 just out of interest, is this a proper parking ticket issued by the coucil/police/other real people or an invoice from a car parking company? if it's the first then you are probably stuffed, if it's the second don't worry it's possibly not enforcable either way you need to make sure the dvla know you are no longer the keeper It's a proper one, unfortunately. Link to comment Share on other sites More sharing options...
Amaranthus Posted April 5, 2012 Author Share Posted April 5, 2012 cgksheff. When I received the initial PCN that's when I phoned the DVLA. I (wrongly) thought that they'd update their records with the information I gave them and that would be the end of the matter. The fine is now at £112. Not sure how much an affidavit would be but presumably about the same, if not a little more expensive probably. Link to comment Share on other sites More sharing options...
cgksheff Posted April 5, 2012 Share Posted April 5, 2012 ...... Your statement differs from what the DVLA website says. ........ Indeed it does. But the DVLA does not say that you are liable, in law, for parking tickets issued by a council after you have sold the car. Does it? IF you can PROVE that you were no longer the owner of the vehicle, you CAN successfully appeal against such a parking ticket. The DVLA records are not the sole source of such proof. Link to comment Share on other sites More sharing options...
HeadingNorth Posted April 5, 2012 Share Posted April 5, 2012 Indeed it does. But the DVLA does not say that you are liable, in law, for parking tickets issued by a council after you have sold the car. Does it? I believe - but I'm willing to admit I could be wrong - that yes, it does. If the correct V5 form was not submitted, then the OP is still the registered keeper of the car and all parking fines are his responsibility - even if he informed them of the change by other means. Link to comment Share on other sites More sharing options...
davyboy Posted April 5, 2012 Share Posted April 5, 2012 You and the buyer should follow the procedures correctly or you will remain liable for the vehicle until DVLA records have been updated. CGK. the above couldn't be plainer. It's nothing to do with ownership, it concerns the registered keeper. Link to comment Share on other sites More sharing options...
monkey104 Posted April 5, 2012 Share Posted April 5, 2012 If that was me I would just pony up the fine. It really is not worth the stress. Others will differ but it is not them that has to go through it. Link to comment Share on other sites More sharing options...
quisquose Posted April 5, 2012 Share Posted April 5, 2012 I'm with cgksheff on this one. Registered keeper does not mean ownership. It might indicate ownership, and the DVLA might claim it proves liability, but if it went to court I think the OP would be successful. Link to comment Share on other sites More sharing options...
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