Help sold car and now have a letter re it being abandoned

dipsy

Hi

can anyone help, I part ex my car at a main dealer (as in major car dealer) against a new car, have invoice with all details on, did this on 31/10/09

anyway move forward to today, a letter recorded - but partner was not asked to sign for nor did so, arrived at the house - I haven't seen it yet but got partner to open and gist of it is

car was abandoned on M1 on 29th Dec and the fee is £120 recover and £20 a day storage until car is collected - and they have written to me.... have phoned garage, but the lady I need to speak to was busy with another customer, so waiting call back

so it looks like car is still in my name, although I signed it over to garage, I removed the tax at the same time and switched my insurance over......

what a mare.....

so my question is what should I do/what can I do?

Thanks in advance...

ScottishSapper

dipsy wrote: »

Hi

can anyone help, I part ex my car at a main dealer (as in major car dealer) against a new car, have invoice with all details on, did this on 31/10/09

anyway move forward to today, a letter recorded - but partner was not asked to sign for nor did so, arrived at the house - I haven't seen it yet but got partner to open and gist of it is

car was abandoned on M1 on 29th Dec and the fee is £120 recover and £20 a day storage until car is collected - and they have written to me.... have phoned garage, but the lady I need to speak to was busy with another customer, so waiting call back

so it looks like car is still in my name, although I signed it over to garage, I removed the tax at the same time and switched my insurance over......

what a mare.....

so my question is what should I do/what can I do?

Thanks in advance...

First question that jumps to mind

---

did you inform the DVLA via the tear off on the V5, if not may take a bit of time to prove you were not still the owner

dipsy

I have faxed DVLA and yes I did inform them, and had a refund on my remaining Road tax - below taken from their website so it would appear they must have had my notification.

Remove your tax disc from the vehicle and you can also apply for a refund of vehicle tax for any complete calendar months remaining on the tax disc.
DVLA cannot pay your refund until we receive notification that you have sold/transferred your vehicle".

Have contacted the garage, they sent it to auction, have contacted auction house they sold it on 18/11/09 have contacted recovery people and they said the car was completly burnt out... from front to back....

anyway they said to send paperwork back to them stating all the bits I have managed to find out and then they will deal with it....

You couldn't write it ....
·

peter_the_piper

If you do send anything make sure its copies.

TheBogsDollocks

Have they sent you any appeal papers mentioning section 101A of the Road Traffic Regulation Act 1984?

dipsy

not been sent anything, have just filled in form to send back to the company that removed the car giving as much info as I had ie px to garage who passed onto aution and then they sold on 18th Nov......

headpin

Just for info if you had told the DVLA via the tear off slip on the V5 they ould have sent a confirmation to you. If you do not receive this confirmation within the prescribed period then the onus is on you to contact the DVLA again to resolve the issue.

It would seem as if the DVLA still show you as the registered keeper. As such legally I believe that you could still beeither held responsible for the vehicle and any offences committed by/in it or otherwise guilty of not ensuring the DVLA have amended their records correctly and timely. Bit of a bummer I know, but when dealing with organistaions such as the DVLA you need to make sure that you follows their rules or otherwise they just keep kicking!!!

maninthestreet

OP, what did you fax to the DVLA ???

Paradigm

Aha... knew I'd seen it somewhere

If you sent the V5 off this is a similar case to yours & the court result.

http://www.consumeractiongroup.co.uk/forum/dvla/214078-being-taken-court-supposedly.html

If you didn't send it then it's no use at all I don't think.

peter_the_piper

Its seems that if they send something to you then the fact they sent it is good enough. When you send something you have to check if they got it. all seems wrong to me, what works for one works for the other.

Paradigm

peter_the_piper wrote: »

Its seems that if they send something to you then the fact they sent it is good enough. When you send something you have to check if they got it. all seems wrong to me, what works for one works for the other.

Apparently it does apply to both

Section 7 of the interpretations act 1978

7 References to service by post

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Basically the onus is on the DVLA to prove it wasn't sent... how??