scoobyboy1

iTrader: (16)

Ok, Just need some advice, Last year I sold my Scooby Type R to a bloke who lives not far from me, Anyway I filled in the DVLA details on the V5 etc and sent them off, I automatically thought that the new keeper had been sorted etc and didnt think nothing of it and I didn't receive anything back from the DVLA.

Cut a long story short, last month I got a parking fine from Birmingham Council saying that I had parked on double yellows in Alum rock, Birmingham a couple of months ago, I pleaded my case saying that I wasn't the registered keeper and gave them the new keepers address and even a phone number, but there saying that they cant get in touch with him and that the fine lays with me.

Thing is I dont want to be paying £70 for something I didnt do as I didnt own the car, Anyone have any advice as I think this will go to court in the end, Ive got in contact with the new owner myself who keeps telling me he is going to pay, but still hasn't. I can also prove that I was at work driving my works van on the day it happened!!!

the hamster

iTrader: (7)

when did you sell it? has the car been taxed/insured again in that time by the new owner?

You can find out from the dvla if the car is currently in use/insured etc on the dvla website.

Luminous

iTrader: (3)

If you were not the registered keeper (from the DVLA's perspective) at the time of the offense just tell them to go whistle. It is the registered keeper's liability at the time of the offense, and if that is you, well then you are knackered....

andy97

iTrader: (1)

Have you got any paperwork from the sale with a date on it, also do you have the acknowledgement letter from the DVLA stating change of owner?

If you do send copies to the council and that should be that, stand your ground if you have docs to hand.

Another possibility would be the DVLA could confirm that you weren't the RK at the time of the parking ticket.

scoobyboy1

iTrader: (16)

Thats the problem, I sent the V5 off when I sold it and never received anything back, Im guessing it never made it to the DVLA, so it was never changed over when I sold it, So the new owner has parked it illegally with the car in my name.

Trouble is I sold the Type R as a rolling shell, So it was SORN, no insurance, etc, I sent Birmingham Council a receipt of sale when I had it SORN, the new owners address(that I know he lives there) and his mobile phone number(which he still answers), but they still said its not good enough.

I kind of know im pretty F"cked, as the car was in my name even though I sold it before the incident!!! But it pees me off that I sold the car and now got to pay £70 for something I didn't do!

andy97

iTrader: (1)

Did he pay by cash or cheque or bank transfer, that will have date on your statements

scoobyboy1

iTrader: (16)

Unfortunately it was Cash, Not looking good for my case!!!

Only thing I can prove, Is I didn't own the car at the time, Is it was not insured by me, and I was at work at the time of the incident.

scud8

iTrader: (1)

If it was SORN when you sold it has he taxed it to put it on the road or is he driving around in a SORNed car with you still as the registered keeper? If the later you could be in more trouble than just a parking fine.

Jamescsti

Don't pay it, let them take you to court then go and take your receipts of sale and a copy of the letter you sent to the council. Pretty sure you would be safe.

speedking

Registered Keeper does not equal owner.

It is quite possible to sell a vehicle and still be the RK. Or for someone else to be the RK while you are still the owner.

From the DVLA.

alcazar

iTrader: (2)

Just tell them to do their job.

The fine DOES NOT lay with you unless they have proved it.

tony de wonderful

This parking fine should be the least of your worries then.

The Pink Ninja

iTrader: (23)

If it is still sorned and not insured and taxed, i`d just get it towed or taken away if its on the public highway personally , Then charge him to buy it back off you or sell it for £100 pay the fine and keep the change as you are still the registered owner

Terminator X

iTrader: (7)

If I were the new "owner" I'd be parking everywhere for free at the moment, suggest you need to sort that out too

TX.

Midlife......

iTrader: (2)

Check the reg on ASKMID......that should tell you if he has insured it.

Shaun

scud8

iTrader: (1)

Probably worth asking about this on pepipoo.com. Looking at a few threads on there it seems like the owner of the vehicle is liable for council fines, not the registered keeper. If you have proof of the sale and have given the name and address of the person you sold to they have no case against you.

But get in touch with DVLA as soon as possible to tell them you are not the registered keeper, because the registered keeper is liable for taxing it.

Boro

iTrader: (1)

This exact same thing happened to a mate of mine and he went to court and won.

He did alot of research and found out that DVLA are happy to take everyone to court because most people bottle it and pay up.

Surely, it is your legal responsibility to inform DVLA of a keeper change, which you have done.

If they haven't done anything with that info, it's not your problem.

scoobyboy1

iTrader: (16)

As soon as the fine come through I sent a letter to the DVLA that I dont own the car any more, So have not got any pending speeding fines etc, hopefully just the parking fine which happened a few months ago!!!


You can Tax the car online, as-long as the car is insured(which you can do with out being the registered keeper) and obtain a MOT without being the registered keeper.

The Pink Ninja

iTrader: (23)

If you tax it online the disc is sent to the registered keepers address

Leslie

It seems to be a very unfortunate set of circumstances. Even you you can prove that you were somewhere else at the time of the offence I imagine they can still charge you as the apparent owner.

I would go to the council offices, ask to see the man in charge of car parking, and explain the whole thing face to face and give him the contact details of the man who bought it from you. Explain that you sent the details of the new owner with the V5. I always send anything like that by registered post so that it has to be signed for by the way.

I once went to see the local car parking chief over a ticket which I was not entitled to and he was as nice as pie and cancelled the ticket. Worth a try anyway.

Les

AsifScoob

Basically, you have sufficient grounds for an Appeal. The LA are just being lazy, money grabbing, ***** by just putting it back on you. It is up to you to prove that you are not the owner of the vehicle however.

I had a similar issue having sold one of my Scoobs in 2010. The new owner had clearly not sent in his bits of the car documents, like in your case. He was then stealing petrol from forecourts, incurring speeding tickets and so on. Luckily, as these are criminal offences, the Police dealt with them, meaning all I got was a letter. I wrote back and that was the end of the matter. Civilian charging authorities, like parking depts have far more power, much less common sense, and an unsatiable greed for money.

Did you not get an acknowledgement from DVLA of having sold the car? Otherwise I do not think that there is any proof??

What you should do is to appeal to the parking authority and ask them to check with DVLA themselves, to whom you have sent your V5 paperwork after having sold the car. That is the only place where there is any evidence of the change of ownership. Whether you were at work or not matters little, as the registered keeper, it doesn't matter who was driving and it may not have been you, but it is still your responsibility, in their eyes. (never used to be this way, changed recently)

Otherwise, if you go to appeal, then write to DVLA yourself asking them to clarify the situation, as yuo have no proof and then make your case to the parking adjudicator, stating further that the parking authority are being vexatious by ignoring your reasonable case and ask for costs and for the case to be dismissed.

I argue these things all of the time and have yet to lose.

Good luck

Asif