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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My mum part exchanged her car last year and picked up her new

Customer Question

My mum part exchanged her car last year and picked up her new one a week later when we paid it off. The dealer said he would fill the form in and send it to DVLA well about a month ago my mum received unpaid parking fines for October when she wasn't in possession of the car anymore. It turns out the dealer never sent it like he promised. We appealed harrows decision gave them the dealers details she part exchanged car too and the insurance letter stating the insurance was cancelled on that car beginning of August and new insurance was taken out a week after on the new car. They basically came back quite abruptly said as far as they were concerned my mum had to pay it. She phoned DVLA they said they had never got new ownership details. I phoned the car dealer he gave me details of the car dealer they sold it too and said any correspondence should be sent to him and he will provide details of the person he sold it too. The council basically still don't care despite the fact that we've given them evidence and contact details. They dismissed the claim then 5 days later my mum got another letter with an increase in charges. My mum is partially disabled she can just about manage to drive 10 minutes in a car let alone half hour where this place is that the fines took place. She suffers from acrophobia so can't be too far away from home so no way possible. She is now absolutely beside herself getting anxiety thinking she should pay it as scared she will get bailiffs. I think it's unfair for her to do this. Is there anything she can do or does she have no choice but to pay it? Thanks
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you. Did she get a notice to owner and if so did she appeal that document ?
Customer: replied 8 months ago.
She has appealed the letter we gave them the details of the dealer who part exchanged the car and the dealers details they have sold it too but the council have basically said they don't care and won't even contact the dealers and my mum has to pay
Expert:  Ash replied 8 months ago.
Has she had the notice to owner yet?
Customer: replied 8 months ago.
The dealer who has the details of the person they sold it too said if the council contact him he will give them the details. He won't give them to us for data protection reasons. I gave the council this dealers details and they are still having none of it and won't even contact them.
Expert:  Ash replied 8 months ago.
Has she had the notice to owner yet from the council?
Customer: replied 8 months ago.
They have advised if don't pay by tomorrow the fine will be increased again. Should my mum pay it despite all the proof it wasn't her and the fact they don't seem to care?
Customer: replied 8 months ago.
Hi yes she received letter from council in her name which appealed with all the proof we had but because the dealer didn't send off the change in ownership it was still in my mums name but she didn't know this till she got the letter. The council was given both dealers details but they have just basically said she is to pay it
Expert:  Ash replied 8 months ago.
Ok. Has she appealed to the adjudicator ?
Customer: replied 8 months ago.
She has yes with all the evidence of insurance and both dealers details (whom they haven't bothered contacting as I spoke with them) but said no to the appeal and she still has to pay. I have spoken to both dealers who said if the council contacts them they will advise of the details to whom it was that the car was sold to at the time. The council has not contacted them but still said no to the appeaL
Customer: replied 8 months ago.
It has already gone up £55 to £145 and have stated if she does not pay by close of play tomorrow it will go up again etc. Does she have to pay it even though she gave all that evidence as she is getting all anxious about it
Expert:  Ash replied 8 months ago.
To be clear she attended a hearing with an adjudicator? Note it may be the morning when I reply
Customer: replied 8 months ago.
Hi no not a hearing this is all by paper trail they have advised if fine not paid then will increase and could go to court. The appeal has all been done by paper form no court hearing etc that is absolutely fine. She is just panicking as to whether to pay it or not as she doesn't want the fine to keep increasing if she does have to pay it due to the DVLA never receiving the ownership change details so as car was in her name at the time not the new owners
Expert:  Ash replied 8 months ago.
Ok. Then it appears there has been no final appeal. If the Council rejected the internal appeal then there is always an external appeal.She should ask them to appeal to the Adjudicator - she needs to get this done.There will be a hearing before an independent Adjudicator who will decide whether to allow the appeal. But she needs to do this asap as she should have gotten a notice to owner.But ask the Council for an adjudicator appealCan I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
Okay so although they are saying if we don't pay today and won't have any more correspondence with us other than to pay a fine I can tell them this? What is the likelihood that this would be dropped? We have tried our best to get hold of the new person with the car but the dealer cannot give us their details as confidential but he did advise for council to contact him but they have not bothered to do so. Thanks
Expert:  Ash replied 8 months ago.
Its unlikely to be dropped. You need to ask them if there has been an appeal to the Adjudicator - that is what you need to do, if its not been already done. if it has been done then you need to pay the fine and then SUE the dealer. The dealer had the responsibility and should have done it. Either way she is not liable.Can I clarify anything else?Alex
Customer: replied 8 months ago.
Okay thank you so ideally pay the fine then sue the dealer thank you so much
Customer: replied 8 months ago.
The appeal to the adjudicator was done via letter from them not in front of anyone
Expert:  Ash replied 8 months ago.
Yes I would agree. Ah there was a paper appeal, in that case there is no future right of appeal.If this answers your question please could I ask you to rate my answer before you go today, otherwise the site doesnt credit me for the time spent with you. Good luck and thanks!
Customer: replied 8 months ago.
Okay no problem. Thank you so much.
Expert:  Ash replied 8 months ago.
Thanks very much. Alex

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