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FightBack Forums > Queries > Speeding and other Criminal Offences
markyboy99
Hi. Guys.

Its been a while since I needed your help but unexpectedly I need it again.

Background.

In Dec 06 I sold my car via ebay. The guy turned up a few weeks later, paid cash and stated he was a dealer and filled out his details on the transfer of ownership documents. Id never sold to a dealer before only private individuals.

I sent the details to the DVLA and recived a reply about a week later stating Id been discharged from the ownership. (copy kept)

Today, 9 months later (20/9/07) I received a letter from Birmingham Police stating the car had been caught speeding in Birm on the 8/9/07 and that the DVLA could'nt provide the new owners details.

They have asked me to provide the details. I have already done this to the DVLA which made me wonder why they couldn't provide the police the new owners details.

Fortunately I made a note of the details and can provide the information again although I now suspect the details given were false.

Also in April 07 I received a letter from Birm trading standards to provide details of who I sold the car to and to confirm the mileage as they suspected clocking. I provided the info.

My question is this.

I intend to provide the police with the details given to me by the buyer and copy them in on correspondence to trading standards. Ive also kept a copy of the ebay sale.

Im pretty sure they wont be able to trace the new owner and wonder if they will pursue me for not being able to provide the Real Name and address of the new owner. Ive read the FAQs and feel I am offering all due diligence to name them. Do you guys think Ive got anything to worry about or any suggestions to what I should or should not do?

Cheers
nemo
You were not the 'person keeping the vehicle' at the time of the alleged offence. As such, your responsibilities are far less onerous than if you had been the keeper.

Just tell the police / SCP everything you know and nothing more will come of it.

If they were to attempt a prosecution, they would be required to prove that you had failed to provide further information which was in your power to give. Difficult to see how they could achieve this if you had told them everything you know..
jdfi
QUOTE (nemo @ Wed, 19 Sep 2007 - 13:16) *
Just tell the police / SCP everything you know and nothing more will come of it.


Seconded.

You're lucky that YOU sent the "trader notification" part off yourself, and you received the acknowledgement letter. It might be worth a call to DVLA to check that they do indeed have you down as the previous keeper rather than the present one.

As an aside, you might want to visit http://www.vehiclelicence.gov.uk - enter the cars registration and marque, this will then tell/hint to you whether anyone else has registered the car. If it shows as "unlicenced" and the date concerned is the approx date you sent the notification to DVLA then noone has tried to register the car in their own name, alternatively a response of either "SORN not due" or "licence not due" usually suggests that someone has registered it.

As a further aside, you can maybe check that the address/postcode is genuine at http://www.royalmail.co.uk - though none of this is your responsibility.

My advise is to NOT copy the purchaser in on correspondence. The police/trading standards will contact him if they need to, and this guy (whether innocent mistake or dodgy) doesn't need to know that the info came via yourself.
RD400E
As Nemo says.
When you sold the car and notified the DVLA as such you effectively discharged all liability to the vehicle. The response from the DVLA also exonerates you (in a fashion)
It will be down to the police (with a little help from yourself) to contact ebay through their dedicated contact for the authorities to trace the buyer and therefore the keeper of the vehicle.

It's unfortunate you got tangled up as you was the last known RK but the police/SCP will know what to do so you should have no worries.
RD400E
QUOTE (jdfi @ Wed, 19 Sep 2007 - 13:27) *
As an aside, you might want to visit http://www.vehiclelicence.gov.uk - enter the cars registration and marque, this will then tell/hint to you whether anyone else has registered the car. If it shows as "unlicenced" and the date concerned is the approx date you sent the notification to DVLA then noone has tried to register the car in their own name, alternatively a response of either "SORN not due" or "licence not due" usually suggests that someone has registered it.



That won't prove anything, the DVLA site only gives basic vehicle info and doesn't show registration details.
It may state if the vehicle duty is due (liable) but the OP may have sold it in Dec 06 with a full years tax. Besides to tax it, it would need to be registered to the keeper so it's safe to assume that a new tax disk has not been purchased !
markyboy99
Hi Guys. Thanks for the quick & reassuring responses. I had tried to confirm the postcode & it does not exist. From memory the car had quite a lot of tax on it, I checked out the DVLA link and it does not tell me anything about ownership, only that the licence is due to expire.
jdfi
QUOTE (RD400E @ Wed, 19 Sep 2007 - 13:40) *
QUOTE (jdfi @ Wed, 19 Sep 2007 - 13:27) *
As an aside, you might want to visit http://www.vehiclelicence.gov.uk - enter the cars registration and marque, this will then tell/hint to you whether anyone else has registered the car. If it shows as "unlicenced" and the date concerned is the approx date you sent the notification to DVLA then noone has tried to register the car in their own name, alternatively a response of either "SORN not due" or "licence not due" usually suggests that someone has registered it.



That won't prove anything, the DVLA site only gives basic vehicle info and doesn't show registration details.
It may state if the vehicle duty is due (liable) but the OP may have sold it in Dec 06 with a full years tax. Besides to tax it, it would need to be registered to the keeper so it's safe to assume that a new tax disk has not been purchased !


Agree on your first point, I'd forgotten of the possibility that it could be sold with tax. However (and this may have been a mistake on post office part) I taxed a car a year or so ago that I was not the registered keeper of, using insurance in my own name. Background being that I was only needing the car for two weeks, was cashing the tax disc in at the end of the month, and didn't want to send the V5 to Swansea as it wouldn't be back in time.

If I can do that, then these dodgy traders with a post office friend in their pockets should have no problem.

Granted however, the system that DVLA local offices/some big post offices have which scans the documents may not allow the above.

Edit - if the OP still has a photocopy of the V5, then the reference number can be input into the above website, and the user advised whether or not that is the most recent V5.
markyboy99
Im pretty sure I havent got the V5 doc Number as I recall the buyer taking most of the V5 and leaving me with the bit to send on to the DVLA. I will check though.

You would have thought that the police could easily find the owner or the driver especially as trading standards have been involved with potential clocking.
For trading standards to be involved they must have had some contact with the car????

I guess if the tax is due to expire someone will have to register it or as you suggest have someone on the inside of the Post Office.
RD400E
QUOTE (markyboy99 @ Wed, 19 Sep 2007 - 14:24) *
Im pretty sure I havent got the V5 doc Number as I recall the buyer taking most of the V5 and leaving me with the bit to send on to the DVLA. I will check though.


You don't need to. As you previously stated you have notified the DVLA and received a reply. The matter is now out of your hands. Of course help the police as much as you can (letters, ebay links etc) but in the event that you was given a false address, you cannot be held responsible!!!
markyboy99
Thanks RD400E, thats exactly what Im going to do. Ill update the topic as to developments. There must have been plenty of people out there who have sold cars to people who have given false details.
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