Member Since: 22 Sep 2010
Location: Notts.
Posts: 8101
Bus lane fine
One week into ownership of a D4 I receive a £60 (if not paid within 24days increases to £90) fine committed by previous owner, enclose with a photo of D4 going under a bridge that they claim is designated for buses only.
I have replied with a copy of the V5 slip showing the date the car was bought, 3 days before I was the owner along with the previous owners surname and address, they have replied saying it is not sufficient and want a copy of the receipt and the full name of the previous owner, the problem I have the husband dealt with me but his wife's name is on the V5, also I am reluctant to send a copy of the receipt.
What are my obligations in providing the previous owners details?-surely Essex Council can obtain this information from the DVLA without sending intimidating letters to me, they are still holding me liable and give me the option to pay up.
I have already told them that I niether owned the car or was the driver at the time of the alleged offence and do not know who the driver was. Can I charge them for the time, inconvenience and cost of replying to these letters, after it is nothing to do with me.
What is the possibility of this being a scam?It can when others can't,
It will when others won't,
It goes where others don't.
6th Jan 2018 9:39 am
Sea Raider
Member Since: 01 Nov 2016
Location: None
Posts: 4450
What's the problem with supplying them with a copy of the receipt?
If it helps you, don't see why you would hold it back.
6th Jan 2018 9:47 am
Farmer Chalk
Member Since: 07 Mar 2013
Location: Independent Republic of Kentishshire.
Posts: 4156
A fee paying enquiry to the DVLA will only provide the Council with the current registered keeper not previous keepers... hence their reliance on you to provide them those details....
It’s a nightmare...I have similar issues at work all the time with our fleet of 2000 vans! I provide the authorities with drivers details on the day in question and can prove it with signed logbooks and work sheets with a drivers signature for the day in question.....the driver denies it’s him and blames another employee and the authorities are then trying to prosecute the firm for failing to provide details!
Just checking I've got this right - you're saying the alleged offence took place 3 days before the date you became the registered keeper? That being the case, surely the rule is that the wife, as the registered keeper at the time, is presumed to have been the owner unless she can prove otherwise?Current: Discovery 3 06MY (55 reg) HSE Auto Zambezi Silver Allisport Fast Road Intercooler, V8 Brakes, Silicone IC Hoses, EGRs Blanked, Remapped, De-Cat pipe, FBHIC
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6th Jan 2018 10:04 am
M3DPO
Member Since: 22 Sep 2010
Location: Notts.
Posts: 8101
Yes that's correct, but they say as I'm the present owner I have to prove I was not the owner at the time of the incident and give them the name and address of the previous owner or pay the fine! I have given them the surname and address, but they claim it is not complete without a Christian name It can when others can't,
It will when others won't,
It goes where others don't.
6th Jan 2018 10:18 am
Farmer Chalk
Member Since: 07 Mar 2013
Location: Independent Republic of Kentishshire.
Posts: 4156
Your liability stops the moment that you produced evidence that you were not the registered keeper of the vehicle on the day in question.
6th Jan 2018 10:41 am
Waylander11
Member Since: 21 Apr 2016
Location: Leicestershire
Posts: 519
I have had this before,send them the details they want and you will hear no more don't send them and the next thing through the door will be a court letterD3 in Buckingham blue now SWMBO's Mine D4 commercial
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6th Jan 2018 10:59 am
L319
Member Since: 14 Dec 2013
Location: Herefordshire
Posts: 2080
I am afraid its Guilty until proved otherwise, provide them with the details , isn't it on your V5C
6th Jan 2018 11:36 am
M3DPO
Member Since: 22 Sep 2010
Location: Notts.
Posts: 8101
I don’t have a V5 yet, I have sent them a copy of the green slip I was given at the time of purchase, but they are still harassing me for payment.It can when others can't,
It will when others won't,
It goes where others don't.
6th Jan 2018 11:57 am
Asa
Member Since: 03 Jul 2016
Location: Essex
Posts: 172
fine?
I would pay it then pursue the previous owner or keeper as this will take as much time and cost through court action and certainly suggest this as your intention to the seller initially.
The facts as they stand are not sufficiently in your favour and my advice would be not to spend too much time trying to convince the council otherwise, it will be stressful either way just focus on the more likely outcome from a different perspective.
Reverse engineering a problem could be a solution!
6th Jan 2018 12:00 pm
Sea Raider
Member Since: 01 Nov 2016
Location: None
Posts: 4450
M3DPO wrote:
I don’t have a V5 yet, I have sent them a copy of the green slip I was given at the time of purchase, but they are still harassing me for payment.
You said you have a receipt, so path of least resistance for you, would be to send them a copy.
Don't see why you are not doing this and making it all go away.
Lot less hassle for you, it would seem.
6th Jan 2018 12:02 pm
D&G
Member Since: 29 Jun 2017
Location: Charente 16480
Posts: 3483
M3DPO wrote:
I don’t have a V5 yet, I have sent them a copy of the green slip I was given at the time of purchase, but they are still harassing me for payment.
They got your details from DVLC so the V5 must be in your name now, so I would assume that:
You will receive it in the post anytime soon. Which will show date the ownership changed and previous owner''s details.
And/or
The DVLC enquiry would have given them details of period of your ownership. Is that wrong?
I would send them an email explaining that the V5 should arrive any day soon which will provide the proof required and you would like an extension of the deadline in order to provide the infirmation. I wouldn't make any payment, it might be more stress trying to get payment from the previews owner.
I would argue that a payment receipt is only of ownership of the vehicle. The V5 is proof of the keeper. I always understood these could be different.An honorable defeat is better than a dishonorable victory.” ― Millard Fillmore
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6th Jan 2018 1:04 pm
Sydney
Member Since: 11 Aug 2013
Location: St Neots
Posts: 903
Just send them the info they have requested. You are not responsible for the alleged offence so let the previous owner sort it out.De-Tango
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6th Jan 2018 1:15 pm
Narpy
Member Since: 18 Jul 2011
Location: Stockport
Posts: 7830
Going against what's already been said and in line with Farmer Chalk, you are not at liability to provide anything. You've advised them you bought the car on a certain date so it is up to them to pursue the matter with the DVLA and find out the owner at the time of the offence not for you to prove none ownership. DVLA has all this info.
Worse case scenario, they attempt to prosecute you and you advise them if they do go to court, you'll appear, prove you are totally 100% innocent and advise the court you had told the council you weren't the owner on the day of the offence and wish to be reimbursed for your costs.
You could of course send them a copy of the receipt to speed things along but I don't believe you're obliged to but will concede it might lower the hassle factor, which depends if you fancy a fight or not.
Why does their half assed attempt to prove ownership suddenly become your responsibility?Mods:
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6th Jan 2018 2:52 pm
geoffsnook
Member Since: 13 Jun 2014
Location: south wales
Posts: 3169
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 Discovery 3 se gone
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Allisport Fast Road Intercooler, V8 Brakes, Silicone IC Hoses, EGRs Blanked, Remapped, De-Cat pipe, FBHIC
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