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Fine on an old car
svella
post Tue, 7 Aug 2018 - 12:51
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Hi Everyone,

I'm after advice, in march of 2015 I part exchanged my old car, I later got a letter saying that I had two infractions (bus lane was one not sure of the other) on this car. The earliest of these is dated as taking place 14 days after I part exchanged the car.

I have informed the debt collectors that I did not own the car at that time and I have even got a letter from the DVLA that states that as of the 14th of the month (the date I exchanged the car) I was no longer the registered owner.

I have sent this letter to the company and they have acknowledged receipt of it but they continue to attest that they need documentation to show that my insurance was cancelled. After talking to CAB they told me that I have given all the proof I need to.

I am not sure how the insurance documentation can help as I could own a car that I don't insure or insure a car I don't own! Unfortunately I don't have the insurance documentation as this was from three years ago!

My question is where do I stand with this? Is the DVLA letter enough? I feel it should be but would like some help.

Regards!
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post Tue, 7 Aug 2018 - 12:51
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Logician
post Tue, 7 Aug 2018 - 12:59
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The insurance is quite irrelevant, the letter from the DVLA is sufficient.

I should write to the debt collectors to the effect that you have now received advice that the letter from the DVLA stating that you were not the registered keeper of the vehicle concerned on the date of the alleged offence is quite sufficient for their purposes, and that any further demands from them for irrelevant documentation will be regarded as harassment and appropriate action taken.

Send it recorded delivery


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The Rookie
post Tue, 7 Aug 2018 - 13:43
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Debt collectors or bailiffs?

If the PCNs have progressed to enforcement you need to follow the right process, just informing them as you did won’t make any difference at all. If they were both council PCN’s this need to be in the council section for the right advice.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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svella
post Tue, 7 Aug 2018 - 15:24
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QUOTE (The Rookie @ Tue, 7 Aug 2018 - 14:43) *
Debt collectors or bailiffs?

If the PCNs have progressed to enforcement you need to follow the right process, just informing them as you did won’t make any difference at all. If they were both council PCN’s this need to be in the council section for the right advice.



This is from the debt collection agency and they say it was passed to them from the council
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peterguk
post Tue, 7 Aug 2018 - 15:27
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QUOTE (svella @ Tue, 7 Aug 2018 - 16:24) *
This is from the debt collection agency and they say it was passed to them from the council

You sure it's debt collectors and not bailiffs???


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DancingDad
post Tue, 7 Aug 2018 - 15:30
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Plus one to what Rookie says, writing to bailiffs is not enough, at the moment you are still liable for the penalties and costs.

There is a process via Traffic Enforcement Centre Northampton (TEC) that in your circumstances should get you clear but it needs putting together properly else it will be knocked back by them and then leave you having to pay out more to get a judge to look at it.

Immediate action:- You must find out what each PCN is for, they have to be dealt with separately via TEC and Bus Lanes require slightly different action to Parking PCNs. Phone council or bailiffs and find out if you do not know. Minimum information needed is PCN number (though don't share that with us), Date and what for.

Second, when you have that information write/email to council (telephone is not writing) stating PCN numbers, that they were served while DVLA was updating records following sale of the vehicle, that you had notified DVLA as required and received no earlier Notices.
Copy of DVLA letter specifying date of change over to evidence that you were not the registered keeper or owner on the date of the PCNs and that as you have no liability, please cancel both.
Probably won't work but sets up for further action...and may work so worth trying.

I am assuming that you may have moved house during this period as well ???
That assumption is cos there are at least 3 notices per PCN that should have dropped through your letterbox before bailiffs get involved and that is the only reason (apart from your ignoring them) that I can think that would account for it.

Get back to us, we will need more info to help you properly
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cp8759
post Tue, 7 Aug 2018 - 17:22
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QUOTE (DancingDad @ Tue, 7 Aug 2018 - 16:30) *
Plus one to what Rookie says, writing to bailiffs is not enough, at the moment you are still liable for the penalties and costs.

There is a process via Traffic Enforcement Centre Northampton (TEC) that in your circumstances should get you clear but it needs putting together properly else it will be knocked back by them and then leave you having to pay out more to get a judge to look at it.

Immediate action:- You must find out what each PCN is for, they have to be dealt with separately via TEC and Bus Lanes require slightly different action to Parking PCNs. Phone council or bailiffs and find out if you do not know. Minimum information needed is PCN number (though don't share that with us), Date and what for.

Second, when you have that information write/email to council (telephone is not writing) stating PCN numbers, that they were served while DVLA was updating records following sale of the vehicle, that you had notified DVLA as required and received no earlier Notices.
Copy of DVLA letter specifying date of change over to evidence that you were not the registered keeper or owner on the date of the PCNs and that as you have no liability, please cancel both.
Probably won't work but sets up for further action...and may work so worth trying.

I am assuming that you may have moved house during this period as well ???
That assumption is cos there are at least 3 notices per PCN that should have dropped through your letterbox before bailiffs get involved and that is the only reason (apart from your ignoring them) that I can think that would account for it.

Get back to us, we will need more info to help you properly

+1, if the proper process is not followed the bailiffs will continue to come after you no matter what documents you supply. The proper process must be followed to get the warrants revoked.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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svella
post Thu, 9 Aug 2018 - 07:40
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Hi

Thanks for all the advise and just to clarify I have actually moved house twice within the time period!
I will get as much of the info as I can

regards
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