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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Morning I have just had a balif come to my property demanding

Customer Question

Morning
I have just had a balif come to my property demanding I pay for a parking ticket for a vehichle I do not own any longer.

I have been in touch with the DVLA as I received this notice and a Tax reminder.

I have shown the balif a certificate stating the cancellation of insurance, a copy of the V5 signed and dated showing the date of sale and a slip recently received from the DVLA confiming they had now acted.

I sent off the relevant forms and the error was the DVLA end not mine.

The form shows the new owner, address, driving license number etc and this is who owns the van now.

However the balif is demanding I pay the fine and claim it back later if i complain/appeal.

The van was sold on 05/11/12 and the documents show that. The ticket was issued on 14/11/12.

Should I pay... I cant afford to but im worried he is going to clamp my car if i refuse
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help you with this please?
Customer: replied 3 years ago.
Morning
I have just had a balif come to my property demanding I pay for a parking ticket for a vehichle I do not own any longer.

I have been in touch with the DVLA as I received this notice and a Tax reminder.

I have shown the balif a certificate stating the cancellation of insurance, a copy of the V5 signed and dated showing the date of sale and a slip recently received from the DVLA confiming they had now acted.

I sent off the relevant forms and the error was the DVLA end not mine.

The form shows the new owner, address, driving license number etc and this is who owns the van now.

However the balif is demanding I pay the fine and claim it back later if i complain/appeal.

The van was sold on 05/11/12 and the documents show that. The ticket was issued on 14/11/12.

Should I pay... I cant afford to but im worried he is going to clamp my car if i refuse
Customer: replied 3 years ago.
I just needed to know whether I am liable or not?
Customer: replied 3 years ago.


Hi Jo


 


Is there any update on my situation?

Expert:  Jo C. replied 3 years ago.

Did you own the vehicle at the time the fine was issued?
Customer: replied 3 years ago.
No but they said that although I have the signed and dated V5 and confirmation of my cancellation of insurance for this vehicle prior to the date I am still liable as DVLA hadn't updated there records.
The sale was on 05/11/13 and the ticket issues on 14/11/2013

I had to chase the DVLA as they didn't change any details when I sent the form.
Expert:  Jo C. replied 3 years ago.
OK.

So was this fine issued to the person who owned the vehicle before or after you?
Customer: replied 3 years ago.
To the new owner. I was the previous owner
Expert:  Jo C. replied 3 years ago.
Thanks.

Do you know exactly the date upon which you sent the V5 back?
Customer: replied 3 years ago.
I sent the letter the day after which was the 6/11 and did it first class. I had never sold a car before so I didn't know you receive a slip once they have amended there records. So I didn't chase/check it.

When I received the tax reminder and the penalty charge I contacted both the DVLA and transport for London and informed them of what had happened and offered all the new owners details. I would think the DVLA could check the insurance of the van against the details I have to match up my dates.

I sent a letter to DVLA two weeks ago asking to confirm I was no longer showing as the owner and they then sent a slip confirming.
Expert:  Jo C. replied 3 years ago.
No, and in fact despite the way the DVLA behave your obligation is discharged when you place the V5 is placed in the post. You do not have an obligation to nag them to ensure they have managed their records correctly.

The bailiff will say anything that secures payment for their client. The fact that he has given you this information means nothing at all. However, you cannot ignore it.

What you need to do is seek an order from the county court to stay or vary the warrant of execution upon which the bailiff relies using the N244 form. You must do that urgently.

It is unfortunate that you cannot prove that there was a transfer shortly afterwards but you certainly will not be the first person in this position.

In legal theory you are liable until the DVLA change the vehicle over to a new owner. However, as a rule, if the Court thinks you no longer had possession of the vehicle then probably it would vary the order. I suspect that if you can show the date of purchase coupled with the fact that the vehicle must now be changed over to the new keeper then that would probably be enough to convince a court.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks Jo.

So how would I find out which court court was used to make the judgement? And also what do I do, just call and give my name? Will they have records or do I need some sort of reference?
Expert:  Jo C. replied 3 years ago.
If this is a parking fine then it will have been made by the Adjudicator probably on papers and be handled by Northampton County Court.

You can seek a variation or stay at your local court.