disputed personal registration

disputed personal registration

Author
Discussion

TwigtheWonderkid

43,400 posts

151 months

Wednesday 6th May 2015
quotequote all
Pet Troll said:
I disagree with that, you clearly had a contract with the buyer whereby the plate was not part of the sale, plus you say you have written proof (signed by the buyer?) stating this. That is more then enough to satisfy a contract in court.
Agree. Not sure if it's worth fighting, but the OP has a pretty strong case despite the doom and gloom on here. There is clearly a contract in place.

andy-xr

13,204 posts

205 months

Wednesday 6th May 2015
quotequote all
paullawrence240 said:
not about the cash folks, sentimental, Dad buys son plate that matches his name for his 17th B'day, son sells car and cocks up! resent the idea of paying them off to get it back, 2x4 springs to mind! opps sorry no we're honest citizens!
Separate the plate out from any conversation about the car being dud, get it back on retention asap

Sounds like you need to hear the b/f out about the problems, tell him they're part of the car and you want the plate back. I think really you stand a small chance of getting it back now, but it's important to speak to the angry b/f if you want any kind of conversation about the plate.

R8Steve

4,150 posts

176 months

Wednesday 6th May 2015
quotequote all
TwigtheWonderkid said:
Agree. Not sure if it's worth fighting, but the OP has a pretty strong case despite the doom and gloom on here. There is clearly a contract in place.
I had it written and signed on the receipt of sale. It means nothing, the DVLA confirmed this and it says as much on their website i believe.

DottyMR2

478 posts

128 months

Wednesday 6th May 2015
quotequote all
Plate is gone. I do have to ask, why did you not get the plate back before selling? It'd be the first thing I'd think to do. Never, ever, ever trust another human being to do as they say. They are almost certainly going to be a that tries to screw you over any chance they get, especially with money involved.

Everyone does it when it comes to money or just stroking their own ego, or "justice" in their mind. Which is what this is. Moron buys car, probably does something stupid to said car to break it. I've seen a colleague get the width of their new car wrong, properly smack the kerb and do the tracking in. They came out with the statement that the previous owner should pay for the tracking to be done as it must have been like that when she bought it...
They'll now see keeping your plate as some sort of personal justice or "one up" on you to get back at you for the car which they see as all your fault (clearly the mongs didn't understand sold as seen).

Plate is gone and it's probably not worth fighting over really for all the cost of small claims court and the headaches. Unless the plate is incredibly valuable either monetarily or sentimental.

Now since you had the new owners details to send on the V5, care to share the new owners address with PH and we can go about some PH style justice? I think we could sign them up for every porn magazine going, order them 10 pizzas a night, send a prostitute round to their house looking for the hardman boyfriend and so on.

EskimoArapaho

5,135 posts

136 months

Wednesday 6th May 2015
quotequote all
paullawrence240 said:
when you think it through, it's all a bit odd really, how do you legally enforce that you own something, if the signed note is worthless, then what was the point? Just because the process of selling a car takes the reg with it, why does that make it legal for her to own the plate, we bought the plate separately and have the receipt for this, we have the hand written note from her, so how come DVLA would ignore this because it's 'attached to a car'. Don't feel right to me! You should be able to evidence to DVLA that there is a dispute and that you own the plate. How do any of us go about proving we own something, normally a receipt, or say another form of legal document, otherwise we'd all be nicking each others stuff and saying it's mine, clear off or else!
Hang on. DVLA provides a perfectly usable system for you to get the plate retained and a new plate issued and put on the car before you sell it.

So, now it's nothing to do with DVLA and entirely up to you to go through the legal process by demonstrating the financial loss in a Small Claims case. You may find that just starting the process may make the new owner come to her senses.

copestake

280 posts

204 months

Wednesday 6th May 2015
quotequote all
Is it not an option to take the car back and give them money back?

TwigtheWonderkid

43,400 posts

151 months

Wednesday 6th May 2015
quotequote all
R8Steve said:
TwigtheWonderkid said:
Agree. Not sure if it's worth fighting, but the OP has a pretty strong case despite the doom and gloom on here. There is clearly a contract in place.
I had it written and signed on the receipt of sale. It means nothing, the DVLA confirmed this and it says as much on their website i believe.
Why would you consult DVLA on matters of contract law?

Edition87

582 posts

140 months

Wednesday 6th May 2015
quotequote all
Out of interest, how much will the said repairs cost to fix the car up, which clearly they are upset about?

R8Steve

4,150 posts

176 months

Wednesday 6th May 2015
quotequote all
TwigtheWonderkid said:
R8Steve said:
TwigtheWonderkid said:
Agree. Not sure if it's worth fighting, but the OP has a pretty strong case despite the doom and gloom on here. There is clearly a contract in place.
I had it written and signed on the receipt of sale. It means nothing, the DVLA confirmed this and it says as much on their website i believe.
Why would you consult DVLA on matters of contract law?
Because when part of your contract with them states that 'You must not sell or get rid of your vehicle until you receive a new registration certificate, as the new keeper will be entitled to keep the registration number if they want to.' there is not much more to know really.

anonymous-user

55 months

Wednesday 6th May 2015
quotequote all
I think the best option you have is to write to the girl advising her that she has 14 days to demonstrate to you that she has moved to get the plate on retention and that it is coming your way, otherwise you will start a court process to get it back as per the contract she signed when she bought the car.

Maybe some value in having that letter sent by a solicitor to give it some extra gravitas.

As hard as it is to separate the subsequent bleatings about the car from her side then, unless you misrepresented the car, she has no come back at all on that.

TooMany2cvs

29,008 posts

127 months

Wednesday 6th May 2015
quotequote all
paullawrence240 said:
not about the cash folks, sentimental...
resent the idea of paying them off to get it back
Can't have that much sentimental value, then. <shrug>

saaby93

32,038 posts

179 months

Wednesday 6th May 2015
quotequote all
R8Steve said:
Because when part of your contract with them states that 'You must not sell or get rid of your vehicle until you receive a new registration certificate, as the new keeper will be entitled to keep the registration number if they want to.' there is not much more to know really.
There may be
I had a healthy discussion here with Roo a while back
Whats happened is reasonably common place. That bit of paper might be the saving grace
Do you have another car you were going to transfer it to or were you hoping it owul go on retention
If so try to fill out the retention forms as agreed with the car buyer
is it v338 and v90 or v92 off top of head


V8forweekends

2,481 posts

125 months

Wednesday 6th May 2015
quotequote all
Get son to change his name by deed poll to something that approximates his new car's reg.

paullawrence240

Original Poster:

8 posts

108 months

Wednesday 6th May 2015
quotequote all
the plate is to go on retention for now, because the current car wont be with us for long, we have the correct form, you fill it in and she becomes the donor of the plate to go on retention to a new owner (my son) he pays the £80 BUT, she has to sign it! and I guess also get a new plate for her car, not sure if she has to pay something for this too.....bloody plates, more trouble then.....

saaby93

32,038 posts

179 months

Wednesday 6th May 2015
quotequote all
paullawrence240 said:
the plate is to go on retention for now, because the current car wont be with us for long, we have the correct form, you fill it in and she becomes the donor of the plate to go on retention to a new owner (my son) he pays the £80 BUT, she has to sign it! and I guess also get a new plate for her car, not sure if she has to pay something for this too.....bloody plates, more trouble then.....
What form number is it?
ETA
Here it is
https://www.gov.uk/government/uploads/system/uploa...
This is what you sign on the day of the sale and send back with the green slip.
It only has your sons name on it in sections 2 and 4
Guess how many times it's forgotten to be sent in at the same time


Edited by saaby93 on Wednesday 6th May 18:10

paullawrence240

Original Poster:

8 posts

108 months

Wednesday 6th May 2015
quotequote all
letter number number letter letter letter

Fox-

13,240 posts

247 months

Wednesday 6th May 2015
quotequote all
Why do people do this? It's totally nuts.

The plate doesn't belong to you. It belongs to the CAR. Therefore if you sell a car, the plate goes with it, regardless of what you might write notes about. You rely purely on the goodwill of the buyer to get it back. It isn't your plate, which is how this problem arises. It's owned by the DVLA and assigned to the car.

I will never understand why people don't transfer the plate BEFORE they sell the car. It is the only safe to do it and the only real correct way to do it.

paullawrence240

Original Poster:

8 posts

108 months

Wednesday 6th May 2015
quotequote all
mmmmm, that's where it gets interesting, if the plate belongs to the car, then how come I didn't buy if off a car, I bought it off a registration site, so I thought my receipt says I own the plate, so the minute I put it on a car, the car owns it? I thought the DVLA owned it from the responses on here, all morally out of line to me! The plate was not on a car, I bought it, I put it on a car, now the car owns it.....

Jim AK

4,029 posts

125 months

Wednesday 6th May 2015
quotequote all
paullawrence240 said:
mmmmm, that's where it gets interesting, if the plate belongs to the car, then how come I didn't buy if off a car, I bought it off a registration site, so I thought my receipt says I own the plate, so the minute I put it on a car, the car owns it? I thought the DVLA owned it from the responses on here, all morally out of line to me! The plate was not on a car, I bought it, I put it on a car, now the car owns it.....
You bought the right to 'Assign' the plate.

Rightly or wrongly you lost that right when the car was sold.

TooMany2cvs

29,008 posts

127 months

Wednesday 6th May 2015
quotequote all
paullawrence240 said:
mmmmm, that's where it gets interesting, if the plate belongs to the car, then how come I didn't buy if off a car, I bought it off a registration site
When you bought it, it was assigned to retention. You then assigned it to your son's car. Your son then sold the car with the plate still assigned to it.

paullawrence240 said:
so I thought my receipt says I own the plate
What your receipt says is irrelevant. You bought the right to assign the plate to a car. If you then sell the car with the plate still on, the plate remains with the car (just as any other plate does). Once it's on there, you can transfer any plate to retention or another car, so long as you're keeper and the V5C doesn't say it's non-transferrable.

Have you considered that your son might not have as much sentimental attachment to the plate as you do? I mean, he's a grown adult and 100% responsible for his own actions, yet it's you who's doing all the jumping up and down here.