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congestion charge contested

A friend of mine has been fined.....now up to £240+ for going into the congestion zone.


However she had sold the car involved a week previously and certainly wasn't the offender. Now the notices took a while to reach her as she had moved and mail direction was in place. After a couple of phone calls and sending evidence that the car had been sold a week or so prior to the offence it has been decided that she still has to pay the fine because she didn't update the DVLA records quickly enough. Presumably neither did the cars new owner.


Is there anything else to be done?

Comments

  • Coupon-mad
    Coupon-mad Posts: 154,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sounds wrong.

    Sounds like the DVLA are not following the GDPR rules on proper rectification of data.

    The DVLA should be given evidence of the date of sale of the car, and thus they will have to rectify the 'keeper at date of event' (KADOE) to the new owner.

    They must rectify the data properly, and I'd say that has to include backdating it to the date of sale.

    Take up a complaint with the DVLA about not acting on a rectification notice.

    email:

    SubjectAccess.Requests@dvla.gov.uk

    Look:

    https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/personal-information-charter
    Accuracy
    When we collect personal data from individuals we will only collect the minimum information needed, and not excessive or irrelevant information. To help us to keep your information accurate and up to date, by law you must:

    provide us with accurate information
    tell us promptly about any changes such as a change of name or address
    tell us if you develop a medical condition or disability that may affect your fitness to drive, or your condition or disability has got worse since you got your licence
    You can apply to update your driving licence online. Or, you can return your driving licence to DVLA, Swansea, SA99 1BN with a letter explaining why it needs to be updated.

    To update your vehicle log book (V5C), make the relevant changes on the V5C, sign and date the declaration in section 8 and return the whole document to DVLA, Swansea, SA99 1BA. We will send you a new V5C free of charge, usually within 4 weeks.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • To update:


    DVLA provided written information about the date of change of ownership. This was accepted and fine waived. Thank you for your help.
  • Umkomaas
    Umkomaas Posts: 43,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Excellent outcome. I hadn’t read the thread previously, so I was starting from your first post here and thinking to myself, ‘Not much chance here’. So I was really pleased things worked out well.

    Did you follow the advice given by Coupon-mad in post #2, or was it by another approach?

    Thanks for updating the forum. Always good to get positive outcomes news.
    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 Street
  • Umkomaas wrote: »
    Excellent outcome. I hadn’t read the thread previously, so I was starting from your first post here and thinking to myself, ‘Not much chance here’. So I was really pleased things worked out well.

    Did you follow the advice given by Coupon-mad in post #2, or was it by another approach?

    Thanks for updating the forum. Always good to get positive outcomes news.


    Followed Coupon-mad's spot on advice. DVLA were very helpful.
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