Sold vehicle and the new owner has racked up fins with Horizon Parking

Stuzo

I sold my car on the 7th July and the new owner managed to get fined by Horizon parking on the 17th and 19th of July. I received a letter from the DVLA confirming the vehicle had been sold, but this is dated 24th July and does not reference the date of sale from the V5.

In the appeal process Horizon asked for the name and address of the new owner, but this was written on the V5 and posted to the DVLA. Despite the lack of evidence I thought the appeal process would be straightforward and that this must happen all the time. I would just tell them that I sold the vehicle on the 7th and they would go back to the DVLA to find the new owner.

I've now received emails telling me that both my appeals have been rejected.

Should I now appeal with POPLA or try calling Horizon when they open?

I assume that in legal terms their contract is not with me as I was neither the owner of the vehicle, or the driver of the vehicle, but only the V5 can prove this and I don't want to get to the stage where non payment adversely affects me.

Thank you for reading this

Coupon-mad

Send your evidence of sale to POPLA as part of an 'appeal'. It is a non-independent 'service' but by invoking POPLA, I suspect Horizon might give up as that stage costs them money.

born_again

As a aside, one reason you should transfer ownership online at point of sale. 

Coupon-mad

Or take time to do a photocopy of important paperwork if you're posting originals.

Stuzo

Totally agree that doing it online would have been better and I will do that in the future.

With regards to evidence, the only evidence I have is a payment in my bank account, but this could be for anything as there's no reference used on the payment. The DVLA have the evidence. Is it not up to the parking company once I have told them I was not the registered keeper on the date in question for them to go back to the DVLA and confirm the date the V5 says I sold the vehicle?

Coupon-mad

No. They are not allowed to make two applications re the same parking event. It is down to you to evidence it.

Stuzo

How can I do that if I have no evidence?

Presumably their PCN holds no legal weight as at no point did I enter into a contract with them?

Coupon-mad

You are liable as the keeper unless you can show you weren't. Obviously you can get that proof from the DVLA if they are aware of the date of sale.

Stuzo

I'll try the DVLA web chat tomorrow and will report back!

Le_Kirk

You could always transfer liability to the driver - presumably you know to whom you sold the car?  It doesn't prove they were driving at the time but it takes the heat off you!

Gr1pr

As above,  obtain proof in writing from the DVLA,  email them if necessary,  plus name the keeper you sold it to, giving their name and address to Horizon,  to transfer liability as mentioned above,  and is mentioned on every pcn too

Horizon can only access the DVLA database once per incident,  they cannot get 2 bites of the cherry