Sold car and received multiple parking charges

whatsuphay

Hi. I sold my car on April 22 and have received numerous fines and charges from the person who I sold it to since. I have contacted the DVLA who said that they received my v5 document and the registered keeper was changed on the 29 April. Some of the tickets precede this date and I am still waiting for the DVLA to send me confirmation that the car is no longer mine.

Currently I have 6 fines from the driver going to various places and I am wondering is it worth appealing these? The car was an old banger and the tickets are actually adding it up to more than I sold it for.

I feel very stupid for not doing the v5 online the same day, and all I have for evidence is a bank transfer on the date that the car was sold which does confirm the buyers name, I have his number and address but that's all I have.

Has anyone been in a similar situation? Will I be able to contest the fines when I receive the confirmation from the DVLA?

Thanks for reading from stressed and skint me!

Gr1pr

Personally, I would name the New keeper with the date it was sold plus proof that you were no longer the keeper or driver and a stranger to all the cases , doing the same with every PCN in dispute 

Its usually on the back of the PCN 

Umkomaas

Are all these charges private parking charges (issued by a private parking company - PPC), are any penalty charges (issued by a local council)?  If it's a 'mix' of both, each will need to be dealt with differently. 

How many separate PPCs are involved?  Please list them, because there might be some easier to shake off than others. 

Bazarius

I recently assisted a Defendant against a court claim where she part exchanged her vehicle for a new one at Snows Too Good To Auction .  She informed the DVLA of the new owner - then she got a PCN incurred by an unknown person - she could not possibly know who the driver was for obvious reasons . 

She appealed it, and included documentary evidence of it being sold but “was too late to appeal ” 

Said the same thing to DCA  , was told the same “too late gotta pay” 

court claim issued - repeated the same thing and I provided the Pofa Legislation which provided clear proof that it is only the KEEPER that is liable under Pofa and the REGISTERED KEEPER is presumed to be the Keeper unless the contrary is proven otherwise and therefore cannot be liable under the Act . 

DCBLegal asked for the evidence from the DVLA and proof of sale - these were provided and within 2 weeks they wrote back saying no further action and will allow the  claim become stayed rather  than discontinue it ( probably leaves them open to have it struck out and claim costs if the defendant wished to do so ) 

Bazarius

So in your case you need to make it clear to them that the vehicle was never in your possession and you were not the Keeper at the time it was parked  provide the new keeper’s name and address .  That is enough to discharge liability and it’s down to them to chase the new keeper .  

If they still write to you demanding payment and threaten court - keep writing back the same thing , including the DCAs who may get involved . This will build a paper trail showing a course of conduct amounting to harassment and continued misuse of your personal data obtained from the DVLA .   

whatsuphay

Thank you all for the responses, this is a huge weight on my mind!

It's a mixture of transport for London (ulez charge), private car parks, bus lane fine etc etc.

When I spoke to the DVLA they seemed to imply that I was still responsible as the date I sent the form and the date they received it there was a 5 day delay because of the post, but I thought surely on the form I wrote the date of sale so that must count for something.

I also can't say who the driver was for any of the offences as all I know is the person I sold it to.

It sounds like I may be able to contest them but it gets worrying when they start mentioning court etc.

Gr1pr

You should separate them out into different piles 

Private parking charges 

Ulez charges 

Bus lane fines or penalties 

Council penalties 

Etc 

On here we tend to deal with private parking company charges, so they are usually not fines and not penalties 

For the rest, authorities etc , try the specialist sections for each topic over on ftla parking forum, free traffic and legal advice forum, for targeted advice on the legal aspects and responsibilities etc of each particular type of fines and penalties 

Bazarius

I’m not clued up on penalty charges .  If my memory serves me right it’s the OWNER of the vehicle that can be liable and the RK is presumed to be the owner unless the contrary is proven otherwise.  Hopefully one of the Forumites will clarify this issue 

whatsuphay

*UPDATE* I spoke to the DVLA this morning who told me I have never been the registered keeper of this car which I have sold. I told them this makes no sense as if I was never the registered keeper then why would I be receiving fines for this car? They refused to send me any proof that I am not the owner and told me I'll have to tell this to the car parking companies. I never realised how utterly incompetent they are until now, however if it ever does go to court I can now claim that I have never been the registered owner of this car so I am not liable for these fines, according to the DVLA!

whatsuphay

They also hung up on me too when I requested to speak to a manager!

born_again

For future reference.

Don't post V5 do it online. Change is instant

https://www.gov.uk/sold-bought-vehicle