Sold car. 2yrs later fined for abandonment?

esuhl

Two years ago, a friend of mine sold a car for £30 to a local scrap dealer. He died last year and my sister recently came across the paperwork and got rid of it.

A few days ago, she received a letter from the council saying that they have found the car abandoned, and that as the car is registered in her name, she is liable a recovery fee and storage charges that will accrue until she collects the car or asks for it to be scrapped (which will cost another £75).

The letter also says that it is without prejudice to further legal action, which could see her prosecuted in court and given a hefty fine.

:eek:

She's contacted the DVLA, who say that the vehicle is still registered to her.

Is there anything she can do to prove that it isn't her car and she's not liable?

Or has she made a terrible mistake by not sending off some paperwork or telling the DVLA when she sold the car, and will have to take this on the chin? (What should she have done?)

Geodark

If she hasn't told the DVLA the the car is still registered to her unfortunately. Not sure what she can do especially since the guy who she sold it to is no longer around.

Exemplar

Probably not sent paperwork? Easy error, but you need to get over it. If you have a receipt from the scrapper (a proper one not handwritten) then you MAY have appeal grounds.

Flugelhorn

sorry who owned the car? your friend or sister or friend's sister?

AdrianC

So nobody ever bothered telling DVLA when it was sold...?

When it was sold, the V5C should have been filled in with the new keeper's details, and sent back. This generates a new V5C for the new keeper, and since 2014 a refund of the remaining tax for the seller. While it's in her name (not the dead guy's?), she's the one legally responsible for it.

When she found the paperwork hadn't been handed over or sent off, she should have contacted DVLA. Was it SORNed before being scrapped? If not, what happened to the tax reminders/penalties that would have been sent?

Johno100

Flugelhorn wrote: »

sorry who owned the car? your friend or sister or friend's sister?

Also I'm not clear who died, the friend or the scrap dealer?

onomatopoeia99

esuhl wrote: »

Two years ago, a friend of mine sold a car for £30 to a local scrap dealer. He died last year and my sister recently came across the paperwork and got rid of it.

A few days ago, she received a letter from the council

OK we have:


"A friend" (sold the car)
"local scrap dealer" (bought the car)
"He" (who died)
"my sister" (who came across the paperwork and threw it out)
and
"she" (who received a letter from the council)


Now, I suspect there are no more than two or three people from the five above, but it's really not clear which ones are the same person.


Is "a friend" also your sister?

s_b

a friend in need



is a pest

esuhl

Thanks for the replies, everyone.

onomatopoeia99 wrote: »

Is "a friend" also your sister?

Oops! I was a bit tired when I wrote the post. It's actually my friend's sister. I meant to edit the post to "friend" for simplicity, but referred to her as my sister once my mistake. I though I was making the post easier to read/understand, but messed that right up! :rotfl:

AdrianC wrote: »

So nobody ever bothered telling DVLA when it was sold...?

She can't remember. Normally quite careful and "above board", but either way, the DVLA say it's still registered to her and she doesn't have any way to prove that she informed them (if indeed she did) or that she sold the car.

AdrianC wrote: »

When it was sold, the V5C should have been filled in with the new keeper's details, and sent back. This generates a new V5C for the new keeper, and since 2014 a refund of the remaining tax for the seller. While it's in her name (not the dead guy's?), she's the one legally responsible for it.

Ah, so she should have sent the V5C back herself? Would the DVLA have sent confirmation that they'd received the V5C?

AdrianC wrote: »

Was it SORNed before being scrapped? If not, what happened to the tax reminders/penalties that would have been sent?

I'm not sure. I'll ask about that and the V5C to see if it jogs her memory.

Cheers.

esuhl

Also, the car was found abandoned in a garage.

Presumably this was private land, and so... I can't understand why the council would be involved. (Unless it's a council property, I suppose.)

I wonder if it was the home of the scrap dealer she sold the car to. :-/