VCS Court Claim-had sold the car

jakeburgess

Received a court claim (dont need help with how to do the claim stuff itself ) but need help on defending the claim
I had sold the car prior to the ticket being received, however the person who brought the car did not send their information of to the DVLA at the time and thus i was still the registered keeper

So i would therefore all intents and purposes be the registered keeper correct?
This is a claim that dates from 2015, so there is a goods chance these notices from this time dont comply with POFA

Redx

I agree that it won't comply with POFA, plus you were not the driver and do not know who was driving, neither were you the keeper due to selling the vehicle, a dated bill of sale would help your case

Email the DVLA to get details of when they removed you from being the RK and the date the VRM was accessed

jakeburgess

I wasnt the keeper correct, it was about 2 months after the event took place that they got the transfer document. Due to the delay in the this being dealt with i would still surely be classed as the the registered keeper?

Redx

I doubt it if you sent off the slip from the V5C like should have been done as RK

Once the DVLA have that transfer slip of yours it's no longer your problem, plus the bill of sale would help too as it's the date your keeper responsibility ends

Had that driver put someone in their grave that day or 2 weeks or 2 months later the police would not be charging you with vehicular manslaughter, would they ?

Edit

I have just checked my son's V5C and you as RK filled in section 6 and filled in and passed section 10 to the New keeper (or section 9 if they were a motor trader) you retained the left hand side of the V5C

Then you change it online , plus you send your completed V5C including the transfer details written in section 6 (the left hand side) to the DVLA at Swansea, that completes your obligations as keeper, it would be deemed to be delivered 2 days later

Umkomaas

@OP - is that your real name, or one you've nicked from VCS?

Coupon-mad

He's nicked it from the claim form - nice!

Anyway part of your defence is that you were neither the keeper nor the driver on the material date. 'Keeper' is defined in the POFA.

The_Deep

If they did take this to court you should consider applying for unreasonable behaviour costs under CPR27.14(2)(g). Did you not infirm the PPC that you were not the RK. If so, and they chose to ignore you, they are accusing you of lying.