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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70281
Experience:  Over 5 years in practice
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I have been given a penalty charge through the

Customer Question

I have been given a penalty charge for driving through the Dartford tunnel, and not paying the fee.DART CHARGE sent me a photograph of my previously owned car to "prove" their allegation which took place on 14th April 2015..
The car was a BMW X5.I sold that car (by means of a part exchange) to the dealer from whom I purchased my new car on13th March 2015. Crucially, the number plate from the BMW was transferred to my new car by the dealer. The BMW therefore reverted to the registration number originally allocated to it.
I have twice written to DART CHARGE explaining the situation. Each time I have included a copy of the purchase invoice of my new car which clearly sets out the part exchange arrangements. They say my evidence is not convincing enough to challenge their information received from DVLA that I was the registered owner on the date of the alleged offence. I have contacted DVLA's dept that deals with these types of case. They say I must write in explaining the situation and expect an answer in 2-4 weeks.
Surely DART CHARGE should be looking to (a) the dealer who purchased the BMW from me, or (b) the DVLA, as something hs clearly gone wrong with the number plate transfer.
I thought one was innocent until PROVED guilty.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No. You are the registered keeper. It is for you to satisfy them that you were not the culprit on this occasion. There is a reverse burden of proof with identity cases that has been considered by Europe.
The transfer has probably not gone through yet.
You can usually satisfy this test by sending them the copy of the V5 transfer that you would have kept and the recorded delivery slip that you would have used to send it to the DVLA.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Hello Jo,
.
I have discovered today that the dealer sold the car on 10th April the alleged offence was the 14th April.- the date of the offence. Since April 10th was a Friday it is unlikely the registration documents would have arrived and been processed at DVLA.
Since the dealer owned the car during the period before it was sold, why wasn't he the Registered Keeper - after all the car belonged to him !
Expert:  Jo C. replied 1 year ago.
Probably because the DVLA hadn't transferred over the registration yet.
That is why the copy of the V5 that you sent in and the recorded delivery slip that you used to send it in will be find to convince them.