Bus lane tickets when not the vehicle owner?
Bus lane tickets when not the vehicle owner?
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Discussion

Grindle

Original Poster:

764 posts

113 months

Sunday 12th April 2020
quotequote all
I have received 2 x £130 penalties, even though the car concerned was sold to the new owner 3 days before the bus lane infringements! It's 10 YEARS since i drove a vehicle in that area anyway.
I have told them this and they have still rejected my appeal.
Having wasted money and time on stamps, envelopes, i now need to pay to call the DVLA, who, of course are not answering their 'phones, only to 'key workers'. (I suppose i could claim i am a locksmith.......)
Anyhow this private firm used by Dagenham and Barking have threatened us with bailiffs now.
What would you do to get these arse wipes off your back?

e600

1,522 posts

181 months

Sunday 12th April 2020
quotequote all
Can you prove with dated evidence that you sold the vehicle prior to the infringements? If so forward copies, explain the current issue with DVLA.

Jamescrs

6,385 posts

94 months

Sunday 12th April 2020
quotequote all
I believe bailiffs can't take any action without first.going through a court process first, surely they would have to.take you to county court first?

mad4amanda

2,410 posts

193 months

Sunday 12th April 2020
quotequote all
Grindle said:
I have received 2 x £130 penalties, even though the car concerned was sold to the new owner 3 days before the bus lane infringements! It's 10 YEARS since i drove a vehicle in that area anyway.
I have told them this and they have still rejected my appeal.
Having wasted money and time on stamps, envelopes, i now need to pay to call the DVLA, who, of course are not answering their 'phones, only to 'key workers'. (I suppose i could claim i am a locksmith.......)
Anyhow this private firm used by Dagenham and Barking have threatened us with bailiffs now.
What would you do to get these arse wipes off your back?
did you notify dvla of the sale online at the time and print or get an email confirmation ? if so send that .
If not why not and you need to supply the details of who you sold it to ?
its that simple and a legal requirement to do so.

Grindle

Original Poster:

764 posts

113 months

Sunday 12th April 2020
quotequote all
e600 said:
Can you prove with dated evidence that you sold the vehicle prior to the infringements? If so forward copies, explain the current issue with DVLA.
Not really, i posted the V5 off to the DVLA on the same day i sold the car and forgot about it, as i always have done. What dated evidence would i have? I posted it 2nd class letter post, not recorded delivery, i never do pay recorded delivery for V5s.

Grindle

Original Poster:

764 posts

113 months

Sunday 12th April 2020
quotequote all
mad4amanda said:
Grindle said:
I have received 2 x £130 penalties, even though the car concerned was sold to the new owner 3 days before the bus lane infringements! It's 10 YEARS since i drove a vehicle in that area anyway.
I have told them this and they have still rejected my appeal.
Having wasted money and time on stamps, envelopes, i now need to pay to call the DVLA, who, of course are not answering their 'phones, only to 'key workers'. (I suppose i could claim i am a locksmith.......)
Anyhow this private firm used by Dagenham and Barking have threatened us with bailiffs now.
What would you do to get these arse wipes off your back?
did you notify dvla of the sale online at the time and print or get an email confirmation ? if so send that .
If not why not and you need to supply the details of who you sold it to ?
its that simple and a legal requirement to do so.
I posted the V5 as i always do.

V8fan

8,523 posts

297 months

Sunday 12th April 2020
quotequote all
You could have done it online and saved the price of a stamp, and the database would have updated immediately.

You have the right to do it by post if you wish but the lag seems to have been the issue. At the time of the offence, DVLA had you as the registered keeper. They'll expect proof you sold it when you did, I presume you put the date of change of keeper on the day it happened? In which case, they should accept an appeal.

KungFuPanda

4,639 posts

199 months

Sunday 12th April 2020
quotequote all
Did you get a slip sent through from the DVLA to notify you of the transfer having gone through?

Sheepshanks

40,994 posts

148 months

Sunday 12th April 2020
quotequote all
Grindle said:
Not really, i posted the V5 off to the DVLA on the same day i sold the car and forgot about it, as i always have done.
You really shouldn't do that - the "forgot about it" bit.

It says on the back to look out for the confirmation and to contact them if not received within 28 days. I've had to contact them a couple of times (in not a huge number of car transactions).

Boosted LS1

21,200 posts

289 months

Sunday 12th April 2020
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Do you need proof of postage?

jondude

2,441 posts

246 months

Sunday 12th April 2020
quotequote all
KungFuPanda said:
Did you get a slip sent through from the DVLA to notify you of the transfer having gone through?
This ^^

The new owner will also have a V5C that has the date he acquired the vehicle on it - confusingly the DVLA list the date they SENT the document when you run some online checks, something I only found out myself when running the tax check. It said 'last V5C issued March 20th' and I was convinced I bought the car on the 17th.

Lo and behold the V5C now in small print, top right, says ' acquired vehicle on March 17th' (But it was posted to me on the 20th, the date they enter online)

I'd like to think the councils and that know this but for you those 3 days are indeed crucial.

Edited by jondude on Sunday 12th April 18:43

SS2.

14,712 posts

267 months

Sunday 12th April 2020
quotequote all
If you can't get hold of the DVLA by phone, this page will confirm when the V5/C information was last updated.

For a bus lane infringement, there is a presumption that the registered keeper is the vehicle's owner.

Not being the owner at the time of the contravention is a statutory ground of appeal.

I believe you have 28 days from the date of service of an NTO to make a representation to the issuing authority stating you were not the owner. If the information is known, you should also tell them who you sold the vehicle to.

You'll need evidence to demonstrate you'd sold the vehicle before the date of the infringement. I don't suppose you issued a receipt to the new keeper and kept a copy ?

Also, what correspondence has been exchanged between yourself and Dagenham & Redbridge which has resulted in this being passed to a debt collection company ? A timeline might also be useful.




Grindle

Original Poster:

764 posts

113 months

Wednesday 15th April 2020
quotequote all
KungFuPanda said:
Did you get a slip sent through from the DVLA to notify you of the transfer having gone through?
Nothing as yet, but they have now told me 6 weeks i have to wait before any enquiry will be looked into.

Grindle

Original Poster:

764 posts

113 months

Wednesday 15th April 2020
quotequote all
Sheepshanks said:
Grindle said:
Not really, i posted the V5 off to the DVLA on the same day i sold the car and forgot about it, as i always have done.
You really shouldn't do that - the "forgot about it" bit.

It says on the back to look out for the confirmation and to contact them if not received within 28 days. I've had to contact them a couple of times (in not a huge number of car transactions).
I have repeatedly tried to call them (DVLA) but it seems i have to wait 6 weeks first to get to speak to anyone.
I have sent back the letter from the bus lane private firm to tell them (correctly) that i have not been within 100 miles of that bus lane this year and to back off and find out themselves who was driving.

Pothole

34,367 posts

311 months

Wednesday 15th April 2020
quotequote all
SS2. said:
Also, what correspondence has been exchanged between yourself and Dagenham & Redbridge which has resulted in this being passed to a debt collection company ? A timeline might also be useful.
This is the key. Why has it gone this far?

Grindle

Original Poster:

764 posts

113 months

Wednesday 15th April 2020
quotequote all
SS2. said:
If you can't get hold of the DVLA by phone, this page will confirm when the V5/C information was last updated.
It still says the date i bought it!!!

Pothole

34,367 posts

311 months

Wednesday 15th April 2020
quotequote all
Grindle said:
SS2. said:
If you can't get hold of the DVLA by phone, this page will confirm when the V5/C information was last updated.
Where via that link does it say when the V5 changed hands?
It doesn't, it gives you last log book (V5C) issue date. This will be the issue, but could also be your saving grace. It's the only official date you'll have so check it out at least.

martinbiz

3,698 posts

174 months

Wednesday 15th April 2020
quotequote all
OP as has been said above, a proper timeline is needed laying out any correspondence with dates between you and the council and or the debt collectors to get any meaningful advice (they won't be bailiffs unless you have been ignoring a lot of letters)

From what you have said, for now, I would refer the Debt company back to the council saying the charge is in dispute as you were neither the owner or registered keeper at the time

Chozza

808 posts

181 months

Wednesday 15th April 2020
quotequote all
Do you have any other proof of the sale ?

Did you sign a bill of sale ? receive some money , advertise the car anywhere etc.

Or did you just write and say that you didn't own it , with no proof.


My mischievous side says tell them to seize the car as payment :-)

Vickers_VC10

6,759 posts

234 months

Wednesday 15th April 2020
quotequote all
Madness that you didn't record the delivery, do it online or get a receipt and the new keeper to sign it with a date.

Unless I've missed those details buried in the thread. If you can't provide evidence I would imagine the onus is on yourself to prove it's not you in the photo. I assume the photo will be from the back?