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No longer the owner - and have a fine!!
Comments
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enfield_freddy wrote: »after re wrighting that letter and now including the extra info (drivers name , address and date of taking over driving)
How would he have the foggiest idea who was driving? It sounds like he part-exchanged it i.e. it went to a dealer, so he hasn't even got the faintest idea who owns it now.
And why would he want to help the PPC anyway? Proving that he sold it is plenty, who owned it or was driving it at the time of the "incident" is UKPC's problem.Je suis Charlie.0 -
enfield_freddy wrote: »after re wrighting that letter and now including the extra info (drivers name , address and date of taking over driving)
and yes any PO will give a FREE proof of postage certificate DO NOT send it recorded , as PPCs do not like having summons delivered , and don,t like signing for mail.
How on earth will the OP know the driver's name?
I wouldn't give the PPC any more information than just proof on the day the OP did not own the car. No names of new owner/keeper, nothing! Let the PPC go back to DVLA to sort any mess they've managed to get themselves into.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
To UKCP:
Re Parking charge speculative invoice, I was not the driver on the date of the so called parking event, as the vehicle had been sold.
The address of the person to whom the vehicle was sold is XXXXX
Out of courtesy I have also forwarded the new keeper information about the private parking industry and how your charges are not fines and should not be paid as you are not an authority, and neither do you have any authority to issue fines.
It would be in your best interests to drop this charge as you have no chance of receiving any money
Other than an apology do not contact me again, any further demands may be treated as harassment. I may also charge you or your principal a handling fee for each letter of £18 ( up to £18 per hour rounded up to the nearest hour)
goodbye.From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
How did you end up as registered keeper on a car you no longer had.
There could be a right trail of things on their way.I do Contracts, all day every day.0 -
however by passing the last known owners of the car on to the PPC , he has fulfilled his obligation and they should not bother him again
You're drifting from owner, to driver, to keeper. The correct distinctions between each are paramount in dealing with private parking charges - you simply cannot casually interchange terminology without the danger of the OP going in the wrong direction by blindly following 'expert' advice.
EF - I admire your enthusiasm for all this stuff, and we're all on the same side, but the inaccuracy of your advice from time to time puts OPs at risk.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
better still , all now deleted ,0
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Marktheshark wrote: »How did you end up as registered keeper on a car you no longer had.
There could be a right trail of things on their way.
It would seem that the DVLA had not received and or processed the change of registered keeper when the PPC requested those details from the DVLA.
Yes, there could be all sorts coming the OP's way if the new keeper and drivers of the vehicle have been naughty boys.0 -
For goodness' sake Freddy will you please think before you start bashing your keyboard. Perhaps then you wouldn't mislead people so much.
You said that the OP should tell them who the driver was. Whomever he sold the car to, how could he possibly know who was driving?
He said in the first post that he had a "copy of sale / px invoice". Sounds like a dealer to me, you don't get many private buyers doing px!
He is under no obligation whatsoever to pass anything on to the PPC. He sold the car, he can prove it, he has no liability to discharge. End of.
The DVLA has no record of who the legal owner of a car is. Being the registered keeper doesn't make you the legal owner! He sold the car, therefore he did not own it, regardless of whoever DVLA has down as the registered keeper.
In any case, being the registered keeper is not the same as being the keeper. Keeper liability as per POFA 2012 applies to the de facto keeper, not the registered keeper. POFA 2012 presumes the RK is the keeper unless proven otherwise - but the OP can prove otherwise and hence has no liability to discharge. All he has to do is to prove he sold the car; who he sold it to or what happened to it subsequently is irrelevant. If the sales invoice shows who he sold it to (which presumably it does) then so be it, but that's an end to it.Je suis Charlie.0 -
Marktheshark wrote: »How did you end up as registered keeper on a car you no longer had.
There could be a right trail of things on their way.
True dat. And one of them could be a "fine" from the DVLA for failing to notify change of keeper. It seems that DVLA is getting more aggressive than ever in using "fines" as a stealth tax:
http://www.theguardian.com/money/2015/apr/11/tax-disc-loophole-drivers-massive-fines-clamping-towed-dvla?CMP=share_btn_twJe suis Charlie.0 -
all now deleted v, you continue and give what you consider to be the best answer , the OP did not admit that he was still the registered keeper until half way through the post and after being told to write a letter , I suggested he hang back and inc the DVLA info ,
as I said , you carry on ,
better things to do than argue , in this case because the OP omitted important info.0
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