How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I traded my car in with a respected dealer last July, I

Resolved Question:

I traded my car in with a respected dealer last July, I forgot to send off the v5c, subsequently I've received 2 traffic violations. I tried appealing them through the council's online appeal process but it was passed to a debt collection agent. I rang them and they told me the council said it had not received my appeal but they would speak to the council and I should resend my appeal which I did. I have received a letter through my door from the agent demanding payment and a reply from the council saying it's nothing to do with them now. My question is due to the fact I forgot to send off the v5c am I liable for the penalties? Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Did your appeal get dealt with? Alex

Customer: replied 1 year ago.
No, as I said they claimed to have not received it and I got no correspondence.
Customer: replied 1 year ago.
I don't think this service is for me. I'd like a refund and don't want to take up your offer of paying another £38 for a phone call thank you.
Expert:  Ash replied 1 year ago.

I can deal with this online. I am just preparing the legal answer if you want it?

Customer: replied 1 year ago.
Very well, for the original fee? Then yes.
Expert:  Ash replied 1 year ago.

Sadly you are liable, this is because you are technically the legal keeper of the vehicle until the V5 is transferred. But what you can do is sue the person for any costs that you have.

You can write and ask for payment of the penalties.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
i am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex

Ash and other Law Specialists are ready to help you