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PCN - Wasn't owner of Car but Registered Keeper, Sold the car in question over a year ago to dealership. Am i liable?
Forbanner
post Sun, 17 Jun 2018 - 19:18
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Hello all,


I have received a notice of enforcement letter from the company Bristow & Sutor, stating I owe a total of £173 to Birmingham City Council for driving in a bus lane. This is the first correspondence I have received regarding the matter ( dated June 2018).
The date of the offence was January 2018, with a warrant being issued May 2018. However the car in question was a car I sold to a Toyota Dealership over a year ago (May 2017).



A bit of background information:


My old car (the one which was seen committing the offence) was sold as part of a part exchange a year before the offence, and I have the invoice of sale to prove this.
It was the first time selling my car and I wasn't aware that I had to notify the DVLA that I had sold the car to the dealership. I taxed the new car as normal however.
All was fine until I got a letter from the DVLA in April 2018 stating I was driving my old car without tax, with a fine of about £80 to pay. I imagine whoever bought my car off the dealership drove it around without paying tax. This is when I realised my mistake of not
notifying the DVLA of the sale.

To make things worse, I had moved address since selling the car to the dealership, and so didn't receive any of the initial letters. DVLA must have found me eventually, as I received a letter from an enforcement agency demanding to pay the fine, with extra fees.

As I was still technically the registered keeper of the car at the time (but not its owner), I was responsible for taxing the vehicle, so I admitted my mistake and paid the fine. To prevent such occurrences happening again, I wrote the DVLA a letter and informed them of the date of the sale and the details
of the dealership I sold the car to. I obtained a confirmation slip from the DVLA to confirm I was no longer the registered keeper, dated 20th April 2018.


Unfortunately, it appears the driver of my old car had also driven through a bus lane in January 2018. At this time I was the registered keeper but the details the DVLA had were incorrect because I had moved address. But again, the enforcement agencies have found me, but it has taken them 6 months as the first letter I have recived regarding the matter isdated 12/06/2018. Surely the DVLA should have the details of the new owner? Unless they haven't bothered to tax it at all.


Where I stand at the minute:

I wasn't the owner of the car at the time of the offence, but I was still technically the registered keeper. Am I Liable to pay the fine?

I've spoken to Bristow & Sutor on the phone and they told me I need to make an Out of Time Statutory Declartion and get it witnessed at a local county court. Bit of a ballache, im not particularly sure on what to write on the forms PE2 PE3 !



Any help would be greatly appreciated!




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post Sun, 17 Jun 2018 - 19:18
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DancingDad
post Sat, 14 Jul 2018 - 11:22
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Something amiss on dates... I posted my draft on 21st June and OP said they would send it that day.
TEC say received 18th June ???
OP, double check that PCN numbers match !
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Forbanner
post Mon, 16 Jul 2018 - 13:10
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QUOTE (Neil B @ Sat, 14 Jul 2018 - 12:10) *
Nice one DD. Good result.

What is the date of that order?


For those interested in the process, it is almost certainly inside the time allowed for a Council to
object. That means, to get such a result now, the Council must have specifically responded to the effect they did
not wish to object/contest.



Thanks for the help people! The order is dated 11th July 2018.
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DancingDad
post Mon, 16 Jul 2018 - 14:03
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QUOTE (Forbanner @ Mon, 16 Jul 2018 - 14:10) *
QUOTE (Neil B @ Sat, 14 Jul 2018 - 12:10) *
Nice one DD. Good result.

What is the date of that order?


For those interested in the process, it is almost certainly inside the time allowed for a Council to
object. That means, to get such a result now, the Council must have specifically responded to the effect they did
not wish to object/contest.



Thanks for the help people! The order is dated 11th July 2018.


That's fine but is it for the right PCN, unusual with TEC but muck ups happen.
If the PCN numbers are the same, should be in the clear though may find a new Notice to Owner arriving.
If you do, post it up, simple to show you were not the owner at the time but will need to provide the proof again.
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