Sold car and got a parking ticket 6 days later

[Tuvra]

Living in South Wales I sold my Saab shed to a man from Salisbury via ebay, everything went perfect and he walked away with a great car for a great price. A few weeks ago I then received a threatening letter from Wiltshire Council informing me that I had committed a parking offence in Salisbury.

My partner wrote to them informing them that I had in fact sold the car the week before the offence took place, I received a response stating "A notice to owner was sent to you as the DVLA registered keeper of the vehicle on 27th December 2012. This give full details of the periods within which payments or representations must be made and the required documentation and information required if yWhaou are stating you had sold the vehicle before the PCN was issued"

I never received this document and now despite never even been to Wiltshire, they are claiming I owe them £75, I have spoken to them on the phone and they are adamant that I owe the money as I was the registered keeper. I explained that maybe the DVLA records hadn't updated at that point considering it had only been sold 6 days previous but she was not interested. She then explained that I would need to get proof from the DVLA in regards to when exactly the car was sold.

I am pissed right off with this, I don't believe this is my fault so why should I be putting in leg work? I jokingly told them I will do all the leg work and invoice them appropriately, she shot this idea down though. I am also tempted to leave them take me to Court and fight them, considering I am 100% Innocent of this offence and the DVLA's slow update of their record was probably to blame I actually fancy my chances.

How should I handle this? Where do I/they stand legally?

[SimonV8ster]

When you get the confirmation slip back from the DVLA it will prove you right ?

[Tuvra]

SimonV8ster said:

When you get the confirmation slip back from the DVLA it will prove you right ?

I believe I threw that weeks ago

[Bear Phils]

As above, that will be sufficient proof.

[Liquid Tuna]

Tuvra said:

I believe I threw that weeks ago

WHY!!? That's your proof!!

Anyway, you've done it now. Can you ask the DVLA to resend it?

[Tuvra]

Liquid Tuna said:

WHY!!? That's your proof!!

Anyway, you've done it now. Can you ask the DVLA to resend it?

The car was sold months ago and as far as I was aware everything went smoothly, besides I would expect the DVLA to know who owns/keeps a vehicle at a certain date.

Yes but they said it would be sent with todays date and not actually confirm the date the ownership changed, what the point of that would be I don't know!!

I can appeal to the DVLA in writing and it will cost me £5, I don't see why I should be doing any of this I have to admit?!?

[Nuclearsquash]

Did you have any other dated/signed paperwork from the sale? such as a receipt to say how much was paid and that the purchaser was happy/sold as seen?

[hornetrider]

I'm forced to ask what is the point of filling in the date on the V5 before sending it off, if not for DVLA records?! Muppets!

[mick_coupe]

hornetrider said:

I'm forced to ask what is the point of filling in the date on the V5 before sending it off, if not for DVLA records?! Muppets!

This... i had the same thing a few years ago. I sold a car to someone from London and 6 weeks later received a parking fine from somewhere i'd never been.When i informed them that the car had been sold 6 weeks earlier they asked me if i had the confirmation slip from DVLA i wrote back and told them that i didn't realise it was a legal requirement to keep the slip and never heard anymore about it !

Mick

[lestershaw]

Dont you have a bill of sale or a receipt from the buyer ?
I always put the time of sale on the v5 and photocopy it and / or take a photograph. And I always keep the receipt

[TITWONK]

I sold a car that had about 6 speeding tickets through the post!
Rang the DVLA and wrote on tickets the time and date it was sold and I didn't hear another thing!
I don't think it's a massive problem.

[shed driver]

What about a printout of the eBay listing?

SD.

[frodo_monkey]

Did you keep a copy of the receipt you made out? I can only recommend this - when I sold my Griff 500 to a guy from Germany, he crashed it into another car on the way to catch his ferry. The victim tried to claim from my insurance (which I'd cancelled as soon as he drove off) but after producing my dated/timed receipt the whole issue went away with no snags.

[Tuvra]

I didn't take a copy of the receipt because he seemed a genuine car enthusiast, so much so he bought the car blind, asked all the right questions and then thanked me for my honest description of the car, he was delighted with his purchase. Looking back this was a little naive I admit, however I don't believe for one second that the purchaser intended any harm, this is purely the doings of a greedy council and a DVLA who are slow at updating their system.

I am really furious about this, why on earth I have to do ANYTHING is beyond me, sureley Wiltshire Council phone the DVLA and say something along these lines:

WCC: "We have a PNC outstanding with a person who claims he had sold the car when we issued him with his PNC charge, can you confirm again what date the car changed ownership"
DVLA: "15.11.2012"
WCC: "Thank you, can you please provide my with the new owners details"
DVLA "Mr Smith........."

I did everything correct when changing owners details, I have never received the document asking for ownership details (therefore they cannot prove this), I have never been to Wiltshire let alone parked illegally so I am understandably miffed. My partner believes the Council are simply trying to exploit money because they would not be able to claim from the new owner due to the time which has lapsed.

After seeking some advice, I have been advised "let them take you to court" and fight them then claim all costs. However, when I spoke to them they stated that they would not take me to court they would simply send Bailiffs? Sounds strange that!!