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my car, but i didn't park it!! please help!


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hi

can anyone help on this situtation. I owned a car which my ex partner used and consequently racked up over £500 in parking fines. She appealled to the relevant council who has letters of her admitting she was the driver, although never paid the fines. The council are now threatening to take me to court and consequently bailiffs. I explained to them I wasn't the driver and that they had written proof from my ex partner that she was responsible for the PCN's but they advised me that as it was my car I would be held resposible. I don't want to pay over £500 in fines that wasn't me!!! Is there anyway legally that I cannot be taken to court as they have had letters with the 3rd party?? anyhelp would be greatly appreciated, I don't want CCJ's against me for someone else's errors :-|:-|:-|

the way I see it, if someone used my car and had a crash, that wouldn't make me responsible because I'm the legal owner!!

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The owner is liable for the penalty charge notice your own option really is to pay and then try to reclaim the money from the driver.

 

Person by whom a penalty charge is to be paid

 

5.—(1) Where a parking contravention occurs, the person by whom the penalty charge for the contravention is to be paid shall be determined in accordance with the following provisions of this regulation.

(2) In a case not falling within paragraph (3), the penalty charge shall be payable by the person who was the owner of the vehicle involved in the contravention at the material time.

(3) Where—

(a) the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement;

(b) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement; and

© in response to a notice to owner served on him, the owner of the vehicle made representations on the ground specified regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations,

the penalty charge shall be payable by the person by whom the vehicle was hired and that person shall be treated as if he were the owner of the vehicle at the material time for the purposes of these Regulations.

(4) In this regulation—

(a) “hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988(5); and

(b) “the material time” means the time when the contravention giving rise to the penalty charge is said to have occurred.

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the rules for council PCNs make the Owner responsible. Its in the legislation.

Did they send NTOs to you ? and you ignored them ?

 

Owner.... or registered keeper ?

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The person appearing to be the owner - assumed to be the RK (initially).

.....But, according to the DVLA, not necessarily!:confused:

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thanks for the replies. I was the registered keeper of the vehicle. The fines came through the post which I forwarded onto the driver who got the tickets, she then dealt with them telling me they had been paid, or she had appealed against them. The next thing I know is that she hadn't paid any of the fines and the fines had trebled. Surely in a court of law if they had correspondance from the driver of the vehicle admitting they had got the tickets (which I know they have as its in a letter) it will prove I'm not liable?? thanks in advance

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thats right the owner is not necessarily the RK. they use RK as the initial assumption (it fits the majority of circumstances. Owner, Keeper, Registered Keeper can be three different people.

Thats why they (should) use "the person appearing to be the owner"

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Surely in a court of law if they had correspondance from the driver of the vehicle admitting they had got the tickets (which I know they have as its in a letter) it will prove I'm not liable?? thanks in advance

 

It doesn't go to Court which is why get the chance to appeal and you let the driver do it on your behalf and she has dropped you in it. You seem to be missing the point that it is not the driver who is liable YOU as the owner are and unless you sort it out asap you will soon have baliff fees on top of the fine and the car will be seized.

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As G&M says. this needs sorting as quickly as you can for these current ones. Who is now driving the car? If it is your ex partner then perhaps you need to consider getting the V5 name changed to them also or this could continue to happen.

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I took the car back and sold it due to her idiocy, lies, selfishness and down right disrespect to parking and driving legally! I appreciate your comments and aware of the implications of being the RK but thought as she has had contact with the council admitting the offences, this might get me off.

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TMA 2004 specifically defines the RK as the owner, unless the contrary be proved.

 

Thus, the RK can escape (possibly), but not the owner.

 

Agreed. But DVLA doesn't have records for Owners hence "the person appearing to be the owner" on paperwork.

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