Not the Registered Keeper or Owner

grenjs

I sold a vehicle (completing all the DVLA paperwork obviously) and the new registered keeper and owner got copped the next day via ANPR. The company are now pursuing me as the DVLA records still had me on file.

I informed the company of this but now they are asking me for a copy of the confirmation (I haven't yet received it) from the DVLA to confirm that I sold the vehicle. I am inclined not to provide this.

I don't think I am legally obliged to provide this or details of the new registered keeper and owner. What do you think?

Redx

I think the PPC should go back to the DVLA, as you are not obliged to give out information that may be covered under the DPA

if it was sold, and you were no longer the owner, then its between the DVLA and the PPC to sort out the ownership to apportion any blame

if it came to court, and you could prove your case, then the judge would throw it out in my opinion due to a lack of due diligence by all parties except you

The_Deep

Tell them that you will be happy to provide it for a fee of £10 or free to Polpa. Alternatively tell them to reapply to DVLA.

grenjs

Thanks for your comments.

The company involved have stated that they are only allowed one enquiry of vehicle details from the DVLA. They cannot go back to the DVLA for another check to get the new registered keeper and owners details.

Not sure how true this is.

Redx

grenjs wrote: »

Thanks for your comments.

The company involved have stated that they are only allowed one enquiry of vehicle details from the DVLA. They cannot go back to the DVLA for another check to get the new registered keeper and owners details.

Not sure how true this is.

not your problem m8

tell them you have proof of sale and are happy to provide it to a judge , so its between them and the DVLA to sort it out

bazster

Do you have proof of sale e.g. a receipt? If so then that in itself should suffice to blow the idiot PPC out of the water if they are stupid enough to pursue this, regardless of when/if you get confirmation from DVLA.

I agree that this tinpot private company has no right to demand proof or information from you as though they are some lawfully-constituted authority, and if it were me I would invite them to go forth and multiply. However, if you do adopt this approach you should be prepared to fight them later, in court if necessary. In the case of, say, ParkingEye they often file court cases and, even when it's demonstrated beyond doubt that they have absolutely no case, they allege that the keeper is somehow liable for their costs because they didn't "engage" with them earlier. Utter, utter nonsense of course, but needs to be robustly responded to anyway.

grenjs

bazster wrote: »

Do you have proof of sale e.g. a receipt? If so then that in itself should suffice to blow the idiot PPC out of the water if they are stupid enough to pursue this, regardless of when/if you get confirmation from DVLA.

A receipt for the vehicle was provided to the new owner, however the letter from the DVLA confirming the change/date should be forthcoming.

In the case of, say, ParkingEye........

Ah. OK. Thanks for that.

bazster

grenjs wrote: »

A receipt for the vehicle was provided to the new owner, however the letter from the DVLA confirming the change/date should be forthcoming.

Yes I see what you mean, it would be odd for you to receive a receipt when you are the seller! However, it would've been prudent for you to retain a copy of what you provided to the buyer (or you could go back to the buyer and ask them for a copy - they should be keen to oblige if you explain that you are refusing to dob them in to a PPC!)

grenjs

bazster wrote: »

However, it would've been prudent for you to retain a copy of what you provided to the buyer (or you could go back to the buyer and ask them for a copy - they should be keen to oblige if you explain that you are refusing to dob them in to a PPC!)

The receipt was a word document printed and signed by myself. It could easily be claimed I created a new document to present to the PPC.

I think under the circumstances I best wait for the confirmation from the DVLA.

I have in the meanwhile appealed the charge and asked them to either accept the appeal or provide me with a rejection number from which I shall appeal to the POPLA (providing them with the evidence).

And I have written to the PPC asking them to remove my details from their database as they are using them unlawfully under the data protection act.

I shall also be writing to them with regards to harassment!

gertysingh

They could say you made it up - but then they are accusing you of perjury.

HO87

grenjs wrote: »

I don't think I am legally obliged to provide this or details of the new registered keeper and owner. What do you think?

If you are to avoid keeper liability (accepting for the purposes of discussion that all other POFA (Protection of Freedoms Act 2012) requirements have been met) then you have not provided, yourself, what POFA requires that you do - albeit that one might argue that you can't.

POFA requires that you supply the name and serviceable address of the driver if you are to avoid being held liable for the charge yourself. Providing that detail could only ever be to the best of your knowledge and belief in any event.

As only the keeper or the driver can appeal and you have already identified yourself as neither I don't see an appeal flying. That said this does involve a PPC and they only ever dance to their own tune. I'm also somewhat unclear as to why you would be so firmly placing your head in a noose - in making an appeal - when you can satisfy POFA and legally walk away from it?