Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I sold a car on 21st September 2004 and sent off the log book to the DVLA. I thought no more about it until I started to get letters from Parkwise regarding three parking fines in Sept and Oct 2004 after I had sold the car. I wrote to them and explained that I was not the owner of the car at the time of the parking tickets. I heard no more from them and totally forgot about it.
On 13th March I got a visit from a bailiff from Drakes collecting a total of £854.30 !!!! As I have a 2004 car and my own business I was told that the car would be taken and my business would be visited to recover the debt. I paid the total amount by debit card.
Following the visit I contacted DVLA and they told me that I was still the registered owner of the vehicle. I explained to them the situation and got a letter from them saying that I had advised them in March 2006 that I had not been the owner of that vehicle since Sept 2004. I sent a copy to Drakes, Parkwise and the council who employ Parkwise.
I got three letters back saying basically the same thing - the car had been registered in my name when the parking offences were commited and they will only accept that I was not the keeper from March 2006 !!!!! They say that they had performed their duties legally and as the car was in my name then I am liable. Surely this cant be right ???? I was not the owner of the car and yet I have had to pay £854+ to keep my current car and business from being taken away !!!!!
I got the letters from each of them and basically gave up but having joined this site I am sure there is more I can do to get this money back.
Are you sure you sent off the change of owner section on the V5 to DVLA? You would normally get confirmation from them within six weeks that you are no longer the registered keeper. What is strange though is that if they never received it and you were still the RK, you would have continued to receive Road Fund Licence renewal reminders for the last two years which should have set the alarm bells ringing. Did you ever get any renewal notices?
Hi. I cannot recall getting a confirmation letter from them and I know I definately didn't get a road fund licence reminder .. obviously if I had then I would have phoned them and asked them what was going on !!!!
Just my luck that DVLA obviously didn't get the V5 and kept me and the keeper !!!!
It might be worthwhile contacting DVLA for a Subject access request, under the data protection act, on your vehicle to see what details are held by them during the time you were the registered keeper.
You can't be prosecuted if you can prove you sold the car.
I hope you have a record of the details of the person you sold it to? How did that person pay? If it was cash or cheque then presumably you paid this into the bank and can therefore show this as part of your proof that you sold the car at a certain date.
Are you sure you sent off the change of owner section on the V5 to DVLA? You would normally get confirmation from them within six weeks that you are no longer the registered keeper. What is strange though is that if they never received it and you were still the RK, you would have continued to receive Road Fund Licence renewal reminders for the last two years which should have set the alarm bells ringing. Did you ever get any renewal notices?
Do you? I have never received any confirmation like this for the last 3 cars I sold on. However, I keep all records including a copy of the V5 filled in with new owner details before I send it off.
Do you? I have never received any confirmation like this for the last 3 cars I sold on. However, I keep all records including a copy of the V5 filled in with new owner details before I send it off.
Since the introduction of the latest type log book (about three years I think) DVLA always send out confirmation notices when you change the registered keeper. I am a car dealer and a lot of cars I buy come without log books and therefore I have to apply for a V5 in my own name. Whenever I sell a car registered to myself I always inform DVLA about the change of owner and I have never not received a letter from them confirming it. Remember if you don't, you are still liable for the RFL or SORN declaration.
Hi All
Glad to see I am not the only one who never got a confirmation letter !!!!
E36GUY - I can go through my records and find out when I put the money in the bank but the only proof I got from the new buyer was the bit of the V5 that I sent off to DVLA.
What do I do know ? Is there any chance of getting the money back ???
Hi, you say that this is a ticket from the council. After replying to the Notice to Owner giving details of the car sale did they send a Notice of Rejection concerning your Representations? I would get on to the Council and ask them for a copy. Has this case been to Court and did you receive any Court papers? I have myself had a case when the person I sold the car to gave a false name and address and I have had about twenty tickets since, needless to say Barnet Council persued me right to appeal at New Zealand House, refusing to believe I had disposed of the car. However if you read the RTA 1991 carefully it states that if you rely on the defence that you sold the car prior to the contravention you must supply the name and address of the new keeper if it is in your possession (my italics) The adjudicator found in my favour and said there was no obligation on me to provide the name and address of the new keeper as I didn't have it.
What you should have done is write to dvla whenever you did and explained tat you sold your vehicle date etc and can they confirm why you are recieveing the tickets. they would have issued you with a letter saying that" accordin to our records you were no longer the vehicle on ******* date. you would have just needed to show this to the bailiffs and story over. As you have told them now they will record that you sold from the date you wrote to them !!!
Parking Tickets - Bailiffs - Former Car !!!
from Drakes collecting a total of £854.30 !!!! As I have a 2004 car and my own business I was told that the car would be taken and my business would be visited to recover the debt. I paid the total amount by debit card.
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Re: Parking Tickets - Bailiffs - Former Car !!!
Originally Posted by gwc1000
