Innocent victim of bus lane charge

mgoods

Hi all hope someone could please shed some light on my situation.

Basically, about two weeks ago I saw a car I quite liked, which was advertised by a garage quite local to me. I visited later in the day and offered my car to part exchange, we completed the part exchange and new purchase on 22 Sept 2012.

This evening I have found a letter delivered with a penalty fare notice for driving in a bus lane on 25 Sept 2012, in mitcham.

Clearly, I was not the driver of the vehicle on the specified date and have paperwork from the garage to support that I sold my old car to them. I'm not sure if I've notified the dvla that I have parted ownership of my vehicle. I don't even know if that's my job as I've never sold a car before?! The salesmen at this garage also lacked basic social skills shall we say and if I hadn't been driving such a heap beforehand I would have gone elsewhere.

I have emailed the council to notify them that I am not the owner along with a copy of my part exchange document. Any info re v5c etc I believe I may hav just handed to the garage :-/ is that not good? Would have thought that if he garage had any integrity that would have guided me fairly through the process.

I feel that I may have two possible arguments.

1. I ceased to be the owner of the vehicle on the date specified.
2. At the time of the breach the person in control of the vehicle was in control of the vehicle without my consent. As I believe the garage had actually scrapped the car to someone.

One more thing, the salesman said he would keep my tax disc for me but didn't present it as promised when I brought the car in for it's inclusive mot last Monday. is there any way I can claim my tax back without the disc?

just had a thought, if they try and be sneaky and claim my tax could that confirm they're the registered owners with the dvla?

any ideas and help on the matter would be appreciated. I have an unpleasant feeling that I'll have a £65 pos £130 fine to pay if I don't sort it :-( please help me someone!

thanks

mark

Hintza

You don't get two bites at the cherry just stick to the fact that you sold the car to XXX on such and such a date.

Don't even think of using that driving without my consent argument or I thought the car was going to be scrapped, that all starts to sound like a jackanory.

Sambucus_Nigra

mgoods wrote: »

I was not the driver of the vehicle on the specified date and have paperwork from the garage to support that I sold my old car to them 3 days prior to this event.

This is your response, with a copy of the sales document included.

neilmcl

As above, stick to the bare facts and provide evidence of the sale. And yes it is your responsibily to inform the DVLA that you've sold your car using form V5C/3.

http://www.direct.gov.uk/en/Motoring/BuyingAndSellingAVehicle/AdviceOnBuyingAndSellingAVehicle/DG_4022403

missile

You do not need to be an expert. It tells you on the V5 what to do when you sell the vehicle.

aileth

The Council may not even follow it up. I got a 'bus lane contravention penalty' in May, appealed it, and have never heard anything since. It's still frozen if you put the code in online!

forgotmyname

aileth wrote: »

The Council may not even follow it up. I got a 'bus lane contravention penalty' in May, appealed it, and have never heard anything since. It's still frozen if you put the code in online!

Until the bailiffs turn up on the doorstep...

Not wise ignoring council tickets.

sarahg1969

forgotmyname wrote: »

Until the bailiffs turn up on the doorstep...

Not wise ignoring council tickets.

It's not been ignored. It's been appealed.

aileth

sarahg1969 wrote: »

It's not been ignored. It's been appealed.

Yep, I appealed it online the day I got it. If you enter the invoice number online, the charge is still frozen at the amount payable if you paid within two weeks or what have you.

fivetide

missile wrote: »

You do not need to be an expert. It tells you on the V5 what to do when you sell the vehicle.

This. Simply read the instructions! It's all quite clear.

At least you know for next time. Good luck with the appeal.

5t.

droopsnoot

mgoods wrote: »

One more thing, the salesman said he would keep my tax disc for me but didn't present it as promised when I brought the car in for it's inclusive mot last Monday. is there any way I can claim my tax back without the disc?

No, not so far as I know. It's a little less clear now a lot of "enforcement" is done by ANPR, but if they were to refund the tax without the disc, you could still drive around with the disc in place and have the refund as well.

mgoods wrote: »

just had a thought, if they try and be sneaky and claim my tax could that confirm they're the registered owners with the dvla?

If the tax disc is sent back for a refund, the refund is posted to the current registered keeper of the vehicle, as on the V5. If the garage want to claim it, they will have to change the keeper to themselves, then send the disc in for a refund. That means they have to keep the car long enough for the change in keeper to go through the system, then send for the refund, wait for that, before they do anything with your car. I don't know whether they're going to scrap or sell it, but it adds a lot of delay for a relatively small amount of money. Go back to the garage and ask for your tax disc, if they promised to give it you back.