PCN - CEL - sold car

[Amethyst]

Posted on behalf of new user

My daughter "J" sold her car to her twin sister "K" and was the owner and driver of the car who parked incurring a Parking Charge Notice from Civil Enforcement Ltd. However, it is "J" who received the PCN. Having consulted a number of sites I came to the conclusion the way forward was to ignore the original notice. We have now received another letter having exceeded the 31 days to pay and looking again at sites there is quite a lot of conflicting advice.

Should we respond confirming the car was sold or continue to ignore the correspondence. Would they now be outside of the time limit to claim against "K"

[des8]

Re: PCN - CEL - sold car

Interesting.
My initial thoughts are write to CEL advising them the car had been sold on such & such a date, and there is no requirement for you, the original owner to advise them of who the new owner, and you do not intend to do so.

Then there is the matter of DVLA passing on wrong details to CEL. That of course presumes the change of keeper was notified to DVLA in good time.
Doubtless others will be along with other suggestions.

[wales01man]

Re: PCN - CEL - sold car

The truth is she sold the car before the ticket was issued providing this is provable the must be no case to answer or am I a Fool?

[mystery1]

Re: PCN - CEL - sold car

Name the driver and provide their address. Stops keeper liability dead in it's tracks. The driver then gets a chance to appeal and, if need, go to popla. There is next to no chance that the DVLA gave the previous keepers details, it would have been before you updated them. It matters not a jot.

Something like this for the driver to appeal

Dear Sirs,

I wish to invoke your appeals procedure. I was a customer of McDonalds and did not see the signage. In any event the charges are penal and not a genuine pre estimate of loss as well as being an amount larger than permitted under the BPA code of practice to which you subscribe.

Please accept my appeal or supply a popla code.

Yours etc


Edit http://www.legalbeagles.info/forums/...-Appeal-Letter to suit for a popla appeal.

It does work http://www.legalbeagles.info/forums/...pany-victories Yes that hasn't been updated for a while but it'd just be more of the same

Anything else is just making heavy weather of it.

M1

[kidsgalore]

Re: PCN - CEL - sold car

Thank you all. As this car has been sold within the family is my daughter obligated to give the details of her sister to CEL? We are outside of the 28 day notice period, because I took advise to ignore the PCN but I now know that this information was incorrect and I should have appealed sooner....may be the postman lost the original letter!!!!!!!!

[mystery1]

Re: PCN - CEL - sold car

No obligation at all. It is however easy to win at popla but at court it's not.

M1

[des8]

Re: PCN - CEL - sold car

Whilst I go along with Mystery's advice, I'm not so confident that the DVLA (we never make mistakes) might not have given the wrong details.

If you can show that DVLA were notified of change of keeper before the "parking event" I don't see why you should inform CEL who the new keeper is.............. but as M says winning at Popla is easy and less stressful/chancy than risking a court case for any member of the family!

[mystery1]

Re: PCN - CEL - sold car

I like an easy life and popla is the easiest by a long long way. If the sister cries tell her it's her fault anyway so just f'ing deal with it

DVLA are generally useless but if the new info was recorded on the system at the time of the request then that's what they'd have sent.

M1

[kidsgalore]

Re: PCN - CEL - sold car

This matter continues. I wrote on 21.7.14 to advise CEL of the new drivers details and the daughter that bought the car received a PCN dated 08/08/14 for an incident on 29/05/2014. Have CEL exceed the time in which they can issue the ticket?

[mystery1]

Re: PCN - CEL - sold car

As there is minimal regulation, no.

Do you have proof they now know who the driver was ? i.e. email or receipt of posting etc

M1

[kidsgalore]

Re: PCN - CEL - sold car

I wrote and told thme daughter 1 had sold the car to daughter 2 and that she was the registered keeper/driver but wasn't sure if there was a 14 day period that CEL had to submit their NTK

[mystery1]

Re: PCN - CEL - sold car

When chasing the registered keeper they have deadlines to meet. When chasing the driver there is no regulation at all except the BPA code of practice and failure to adhere to that means hee haw. It's all contract law. Of course if they go after the driver without giving them any notice or chance to appeal they make it very difficult for themselves.

M1