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PCN for car I don't own


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Hi guys,

 

Got a bit of an issue with a PCN on a car I sold to a work colleague.

 

The PCN came through and I gave it to him to sort out believing (a bit naively) that he would do so. He didn't, and it eventually went to a debt collection agency (Phoenix Commercial Collections). Once that happened I confronted him and told him in no uncertain terms I would not be happy if he continued to leave it.

 

He has since set up a payment plan with the debt collectors and is paying it off (I'll be checking up on this if I can).

 

I've today received a letter from the council who say;

 

"Someone has written to us, explaining that the vehicle had been sold to them prior to the date of the contravention. However, the case is out of our hands: the enforcement agents now have a warrant to recover the money from you."

 

They then go on to chastise me for parking on a double yellow line, despite them knowing it wasn't me. By the sound of it they hold parking on double yellows at 6:30am on a Monday morning as highly as the crimes of murder and treason. Frankly I'm lucky they aren't going for beheading in this case.

 

They then give me the details of the collection agency and tell me I can seek independent legal advice.

 

Now this letter has got my back up a bit here as I'm somewhat of an innocent party, the only thing I'm guilty of is trusting that a work colleague wouldn't f**k me over. I'd like to know what this county court warrant means. Is this a CCJ? Is this going to affect my credit rating in any way? My rating is currently recovering from me being an idiot as a student and I've worked incredibly hard to begin to get it to a place where I might be able to buy a house. This has got me quite worried!!

 

Thanks in advance for any advice you have for me!

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A classic case of failing to follow the instructions on the PCN and subsequent letters! You should have simply returned the notice to owner and ticked the box 'you were not the owner at the time of the contravention'. As it stands you didn't appeal and now its down as a debt owed by you to the Council, it's not a ccj and should not affect your credit rating but if not paid either by your 'friend' or by you they can take your goods to cover the debt.

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Thanks for the reply, like I say, lesson learned, faith in humanity/colleagues down a couple of notches.

 

Is there anything I can do regarding this at all, or do I just have to make sure the real debtor pays up?

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Yeah, you don't have a legal get-out now. What I'd do is get him to pay the installment money to you each time, not the bailiff, and you pay off the debt either in one go or installments as they become due. That way, if he defaults, there are no further consequences for you, as you're in control of the actual payments - except that you'll need to get on his case again if he misses one.

 

Meantime, make certain the car is registered correctly at DVLA. The fact that they think you're the owner suggests they still may have you on record. It needs changing.

 

No implications for your credit rating, and no CCJs.

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  • 2 weeks later...

Also make sure you get the agreement to pay you down in writing. That gives you some leeway if he starts to avoid paying up

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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