Member Since: 08 Nov 2016
Location: Maldon, Essex
Posts: 516
Just be aware
"The function of civil law is to provide a legal remedy to solve problems. ... Under this system, every defendant who enters a criminal trial is presumed guilty until proven innocent, whereas under common law (practiced in most English-speaking countries) he or she is presumed innocent until proven guilty"
Not such a Disco Newbie now!
IID BT
6th Jan 2018 7:45 pm
Jubbly
Member Since: 20 Nov 2016
Location: Stourbridge
Posts: 401
Still no matter what, the OP was not the owner of the car at the time of the fine, so therefore can't be made to pay it.
Parking companies just want the fine paid and will use strong arm tactics, just send them a copy of the receipt and let them deal with the previous owner.Jaguar I-Pace HSE imminent.
Gone HSE with Flappy Paddles. IID BT tool. RLD Spare Protector, Altox GPS.
7th Jan 2018 10:37 am
M3DPO
Member Since: 22 Sep 2010
Location: Notts.
Posts: 8226
[quote="geoffsnook"]Agree 100% with narpy give them what you have then let them prove you were the owner on given date as you can prove you were not with the receipt you have [/quote
I also agree with you and Narpy, re-reading the last letter from them they may have accepted the copy of the V5 slip as evidence that I was not the owner at the time the offence was committed, (it is written in legal terminology), but they still claim I am liable for the fine if I don't supply the full name and address of the previous owner, I feel that I am being blackmailed into "shopping" the previous owner when they(Essex Council) as professional people have full facilities to obtain this information direct from DVLA, but it appears they have to pay a fee and would rather harass me for the information.
The big question is do I have to provide this information by law?It can when others can't,
It will when others won't,
It goes where others don't.
7th Jan 2018 12:23 pm
Narpy
Member Since: 18 Jul 2011
Location: Stockport
Posts: 7830
I would tactfully suggest they pursue their quest with the DVLA as current owner it is not your obligation to provide any more information than you have done regardless of what they insist.
The DVLA are not the Vehicle Licensing Authority for no reason. Essex council appear to have you down as
guilty by association which is just ridiculous. Mods:
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7th Jan 2018 12:55 pm
Someone-Gone
Member Since: 21 Dec 2015
Location: Gone
Posts: 5117
A copy and paste extract relating to bus lane offences that the council have jurisdiction over that might interest you.
iv) You did not own the vehicle when the alleged contravention occurred
For example:
you never owned it
you sold it before or bought it after the date of the contravention. You must say what you know about the transaction including the new or former owner's name and address, if known
it was under a long-term leasing arrangement that transfers ‘keepership’ from the registered keeper to the hirer.
(v) The vehicle was taken without the owner’s consent
This ground covers stolen vehicles and vehicles used without the owner's consent. It could apply, for example, to a vehicle taken by ‘joyriders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police.
7th Jan 2018 1:06 pm
thetobymac
Member Since: 23 Aug 2017
Location: Salisbury
Posts: 3
Depends if you can be bothered with the hassle.. i would tell them they need to contact DVLA and take them on...b
7th Jan 2018 6:23 pm
XXV
Member Since: 02 Sep 2014
Location: Perthshire
Posts: 136
Reply to the Council with the receipt off the V5 advising you were not the owner at the time of the offence.
Also advise them that you will charge them £100hr (or whatever your hourly rate is / want to be) for all the time and costs (postal or otherwise) that you will use to "defend" yourself against their false claim and pursuit of the money. Further advise them... that unless they due diligence on there part to contact DVLA to ascertain ownership (Not your responsibility) that you will launch a small claims action and take them to court.
Keep a record of every call,letter and every minute of time spent on your defence and take the muppets to court. ( It's a lot easier than you think and common sense will prevail in your favour).
the law is there to protect everyone...and mind ask for your time at court in front of the judge to be allocated to your claim.
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