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Legal advice needed!!

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Old 10 May 2001, 07:46 PM
  #1  
scooby nutter
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Angry

Just wondering if anybody knows what i should do--
Heres the situation,
March 3rd 2001 Traded in my wrx for a Evo4 in a private sale.Got all the docs for the new car.The guy who i traded the car to told me that he didnt want to put his name on the scoobs logbook as he was going to sell it on a week or so later.Fine,he didnt want another owner on the logbook if he's selling it straight away(still with me?)
Now i have recieved two speeding tickets 62 in a 50 zone and 50 in a 30 zone in April .

Because the guy hasnt put the log book in his name they come back to me!!

I have a reciept that i traded the car against the evo in March so hopefully the police will believe me that it wasnt me speeding..

Has anybody had a similar experiance?
If so how did you sort it ?

Thanks

Duncan
Old 10 May 2001, 07:57 PM
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Gastro
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Talk to a solicitor........
Legally speaking the name of the person on the V5 is not necessarily the legal owner of the car & hence your receipt may help as evidence of selling it & hence proving that you were not driving the car. Have you got any evidence / witnesses etc... that can testify where you were on the dates of the speeding offence etc..??
I would have thought you may become a victim out of this, if the authorities decide to prosecute you for not notifying the DVLA of the transfer/sale of the vehicle.

Good luck,

Gastro
Old 10 May 2001, 08:51 PM
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47 NAT
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Wink

Duncan, Just photocopy the sales receipt and send it off to were the tickets came from...


Also at the same time write a letter to the DVLA and explain to them in simple terms that you do not own the vehicle (from X date) and then you shouldn't get anymore tickets....

I wouldn't contact the current owner, as it will give him time to prepare a story...


Nath
Old 10 May 2001, 08:51 PM
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Dave T-S
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Exclamation

According to the notes on the back of the V5, YOU are responsible for writing the new keeper's details in and sending it to the DVLA. If you do not, you may be liable for a fine up to £1,000. If you give false information the fine can go up to £5,000 or up to 2 years prison.

Please note I am not preaching, just saying what it says.

I would WRITE to the DVLA and tell them the facts, enclosing a copy of the px details for the evo, and check with your local cop shop also.
Old 10 May 2001, 09:18 PM
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IWatkins
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Duncan,

I was in exactly the same situation as you a few years back. I sold my Audi Coupe back to the Audi dealer where I had bought it 2 years previously.

Obviously the dealer wanted the paperwork so it could be handed on to the new owner (who was already lined up), so I didn't send the paperwork off.

Couple of months later I had the police around to my front door asking about an unpaid speeding ticket and a failure to stop at a minor accident.

Of course, it wasn't me, but my name was still down. I explained to the police and even showed them my receipt, but I was told I would probably have to go to court.

Sure enough, I had to turn up to court, explain the situation and then under oath say it wasn't me even though by this time they had the new owners details. There is a special name for this kind of hearing, but I cannot remember the name of it now (was a few years ago). Anyway I was in and out in 5 minutes.

So, my advice would be to explain all this in a letter along with a copy of your receipt and return the tickets to the issuing office. They may take this as OK, or they may issue you with a summons to turn up to court.

(Unless of course all the rules on these situations have changed)

Cheers

Ian
Old 10 May 2001, 10:52 PM
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scooby nutter
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Thumbs up

Thanks guys for the advice.
I will send the coppers a copy of the reciept and also contact the DVLA stating that i was not the owner of the car when the offences were commited.
The offences were commited in Manchester both in the same night/early morning(1:10-1:36)

I will let you know how i get on

Thanks for your help

Duncan
Old 11 May 2001, 08:59 AM
  #7  
Trout
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Same happened to me - I had to go to court to swear under oath. You don't really need a solicitor - your local nick should be able to explain the procedure. As you have a decent receipt you should be fine (excuse the pun).

R
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