Help needed with alleged contravention penalty charge notice

[PECA09]

HI,I am desperate to obtain some impartial advice on a penalty notice I have been sent by the Royal Borough of Kingston Upon Thames (RBKUT) for a motoring offence involving a vehicle that was nothing to do with me at the time of the offence.
If you will allow me I will set the scene:
Until November 2014 I was the owner of a 2008 Silver Lexus RX400 which had a personalised reg plate. I then sold / part exchanged the vehicle with a car dealer for a 2014 Silver Lexus RX450 and transferred my personal plate onto this new vehicle.

The offence took place in January 2015 when a vehicle described by RBKUT as a Silver Lexus with personalised reg plate contravened a road traffic regulation.
What had happened was that the dealer had not removed my personalised plate from my old car and had used it, admitting that he was responsible for the offence.
I therefore appealed against the penalty charge both to RBKUT and PATAS but my appeals were declined and I have now received a formal charge.

My frustration centres on the following:
PATAS state they have refused my appeal because they checked the ownership of the car with DVLA and that I did not present any other evidence to support my defence. I actually did provide them with a copy of the sales invoice from the dealer dated from November 2014 confirming the sale of the offending vehicle to the dealer, which I assumed would be sufficient evidence that I was not the owner of the car at the time of the offence. I also explained that DVLA does show that I own a Silver Lexus with registration plate number ..... however this is not the vehicle involved in the offence - but they seem unable to grasp the concept that there might have been 2 cars of the same make and same colour with the same reg plate in existence. Furthermore it is clear from the photographic supporting evidence of the offence that the vehicle involved is my old Lexus RX400 and not my current new(er) RX450 ( anyone that knows the marque will know the difference between the 2 vehicles is fairly obvious) however all RBKUT and PATAS seem look at is the colour and reg plate.

I have now received a formal Charge Certificate which if I do not pay they will pass to bailiffs for recovery. There does not appear to be any other right of appeal.

I hope that I have made my case clear and would be extremely grateful for any advice.

IS THERE ANYONE OUT THERE THAT CAN HELP PLEASE????

[seduraed]

Re: Help needed with alleged contravention penalty charge notice

Can you get that admission from the dealer in writing . Let me get this straight you sold the Lexus to the dealer bought a new car and transferred the reg plate over ? What I want o know is why you hadn't removed the registration plates from the lexus you sold . Speak to the relevant authorities again citing new evidence . Get the bill of sale for the old car and the letter from the DVlA stating you had sold the car . Copy the new V5 to show the new car on the personalised plate .

[des8]

Re: Help needed with alleged contravention penalty charge notice

Hi and welcome.
Have you requested a review of the parking adjudicators finding?
If you have I believe your only other recourse is for a judicial review in the High Court.

Now you have the charge certificate, if you don't pay the council can apply to the Traffic Enforcement Centre to have the charge registered as if it was a County Court Judgement.
The order will then be served on you by the council, at which point you can apply to have it set aside. You will have to complete a witness statement, but there are only limited legal reasons for set aside.
If you don't apply for set aside and don't pay, then the council can apply for a warrant and send in the bailiffs.