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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Hi I was involved in car car accident and the car was a

Customer Question


I was involved in car car accident and the car was a write off occurding to the garage that recovered the car. Cut a long story short and did not take the car off my name. I thought the car was scraped. The garage that recovered the car repaired it and resold it. They had told me the car is not repairable. Can you help as there are number of parking tickets in my name. I did not know the car was on the road.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

Did you contact DVLA to tell them that the car was being scrapped?
Customer: replied 2 years ago.

No. Car was involved in an accident in the Coventry area. The car wheel hit the kerb, no other car was involved. Police came and recovered the car to local garage compound for storage. I rang the garage auto Rowleys in Coventry next day. They told me car is not driveable and we will give you £200 for scrupping it. In the mean time my dad phone his friend who has a local garage Junctions motors. They told him that they can recover the car back to Watford that's where we live. The recovery driver while on site at Coventry told us the car is beyond repair and instead of scrapping with local garage if we give the car to him for £200. WE thought the car was used for spare parts at the Watford garage and written off. But of course what they did was repair the car and sold it on. This incident took place 17/2/2013. My dad does the car documents for myself. I thought he informed DVLA. In the mean time some had been driving the car in our name and know we recived a call from Bliaffs saying there are 66 parking outstanding. Can you help us deal with tower hamlets where these parking fines are not sure which other athuroties would have the fines also

Expert:  Jo C. replied 2 years ago.

Why didn't you tell the DVLA about the change in ownership?

Customer: replied 2 years ago.

I thought car was scraped and there was no need . I know its not an excuse. I thought i had given the car to be scraped to a dads freinds garage. That my dad would oragnise that . I should have taken responsbility and informed them

Expert:  Jo C. replied 2 years ago.

Did you get any of the notices? You should have got a Notice to Owner in every case?
Customer: replied 2 years ago.

No , I moved from Loughborough where the car was registered. I finished my degree at the University. All notices went to that address which meant I had no paper work trial . I confirm that the car was recovered at which garage and I have a receipts for the sale of the car.

Expert:  Jo C. replied 2 years ago.
That is a bit of a disaster I'm afraid.

You can always make a statutory declaration to the effect that you didn't get the notices as indeed that is true.

The difficulty is that you didn't get the notices because you didn't tell the DVLA about the change in ownership or scrapping of the car and you are under an obligation to do that so it would probably be refused.

The only other alternative is to ask the council to cancel them in the interests of fairness.

Alternatively, you can sue the new owner essentially in negligence for allowing these fines to be accrued although I have to say that i would be concerned that this amounts to pure economic loss which is not claimable.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 2 years ago.

No that's fine thanks for your help. I was wondering rather than I word the request to the council would it be possible for you to act and fight this case.

Expert:  Jo C. replied 2 years ago.
I cannot accept instructions under the rules of this site.

I can look over anything you intend sending though.

You just need to write quoting each PCN number to the effect that you mentioned above. Its not a very strong chance but, in this type of situation, you may as well try anything.
Customer: replied 2 years ago.

That's fine, I will try to find a local company and take the matter from there.



Many thanks




Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

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