Sold car now received PCN - please help

Badgergal

I sold my car on May 10 because it needed repairs I could not afford. I took the guys name and address and sent the V5 form off first thing May 11, recorded delivery (have receipt to prove), as soon as the PO opened - I know from the Royal Mail website that DVLA received it the next day on the 12th. I did not think to keep a copy of the V5 with his name and address on, I was just intent on getting it sent off asap by recorded delivery.

I've now received a PCN because he has been driving it in the congestion charge zone on May 11. There is a section to fill in if you want to appeal if you have sold the car but I can't remember all of his address - I filled in the V5 and sent it off after all, not knowing I might still need his address. If I ring the DVLA tomorrow will they be able to tell me what was on the form I sent them?

I am absolutely sick with worry, I cannot afford a car anymore so I certainly can't afford to pay someone else's fines.

Gold_Shogun

This is almost certainly a simple oversight due to the "crossover" (ie postal delay) in them receiving the V5.

The computer will have used the (your) details as existing BEFORE they processed the returned V5.

Simply write a Rec.Del. letter to the authority, stating that the vehicle was sold on the 10th & the V5 was duly sent off to the DVLA & delivered on the 12th by Rec. Del. xxxx-xxxx-xxxx=xGB, and that consequently you are NOT liable and the Authority should obtain the UPDATED New Keeper's details from the DVLA ... You do not need to actually supply the New Keeper's address.

You will note that I have NOT specifically mentioned the 11th (but have phrased it to imply the 10th) --> As many Bureaucrats are notoriously thick & pedantic, and you would simply be inviting them to start an argument-dialogue with you as the "easier target" for them to chase.
If you supply the Rec. Del. number, they can check its delivery date, but NOT its Posting Date (although that's irrelevant in this case as you sent the day after sale anyway AND you may simply had HAD to wait until the P.O. opened the next day in order to obtain a Rec.Del receipt).

Badgergal

That's right, I did have to wait unti the PO had opened, the car was sold at 8pm so I had no choice. On the receipt you can see the time I was served (9.10 am) and the offence was committed at 2pm, so I would hope that would stop any suggestion that I still had the car at 2pm (I was at work in any case with plenty of witnesses).

I phoned the DVLA to check they'd input the new details, which they have, but aren't allowed to tell me what they are due to the data protection act. So I'm going to write to the congestion charge authorities as you suggest telling them to re-check the details.

plane_boy2000

Badgergal - you will get a letter from DVLA in due course confirming that you have told them its not your car and that they have amended their records. When you get this you could send a copy in so that they can re check with DVLA.