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Sold bike and new owner got camera'd same day

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Marmaduke
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PostPosted: 21:36 - 20 Apr 2014    Post subject: Sold bike and new owner got camera'd same day Reply with quote

HALP
https://i60.tinypic.com/xcr8tc.jpg

I sold it at around 12/12.30, don't know the guys name only his mobile number and that he lived in Kent or Medway.
Bike hasn't been insured by me in over 6 months.

V5C was sent off a while ago and dated correctly, but has no time.

What's likely to happen? Only shit proof I've got is the text messages he's sent me. Don't really want to go to court.
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Tamsin
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PostPosted: 21:42 - 20 Apr 2014    Post subject: Reply with quote

Did you not keep a copy of the filled out v5?

Best thing to do is to write, requesting further details and stating that you sold the bike at approx midday and have sent V5 details already.
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arry
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PostPosted: 21:43 - 20 Apr 2014    Post subject: Reply with quote

Portable camera = picture of rider in gear ?

Always take a copy of the v5 before sending
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Marmaduke
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PostPosted: 21:52 - 20 Apr 2014    Post subject: Reply with quote

Can't say I heard of keeping a copy of the V5.
Doesn't have the time I sold it anyway.

DVLA will surely let them know the new keepers name and address though.
As long as he admits it was him then that should be it...if not then



Fffffuuuuuuuuuuuuuuuuu
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P.
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PostPosted: 21:59 - 20 Apr 2014    Post subject: Reply with quote

Just return saying vehicle sold "x" date.

Evidently you haven't received DVLAs "you are no longer this keeper" etc.
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arry
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PostPosted: 22:00 - 20 Apr 2014    Post subject: Reply with quote

Marmaduke wrote:
Can't say I heard of keeping a copy of the V5.
Doesn't have the time I sold it anyway.

DVLA will surely let them know the new keepers name and address though.
As long as he admits it was him then that should be it...if not then



Fffffuuuuuuuuuuuuuuuuu


No, but it would have allowed you to send a copy back with it and, at worst case, suggest you'd need photo evidence to ascertain who the rider was
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gavbriggs
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PostPosted: 22:06 - 20 Apr 2014    Post subject: Reply with quote

It's always wise to copy stuff if at all possible, but not everyone can.

The interpretations act 1978 states that:

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.


Basically you sent off the documents, the new owner acquired the vehicle on the 10/4/14, that means they are liable for their actions.

You want to see evidence that you were the keeper of the vehicle on that date. This would mean their records being printed off and made available.

Write them a letter stating you was not the owner of the vehicle on the date in question. Ask them to check the dvla records once again and not just look at what their computer tells them. Tell them you do not know the name of the driver as you transferred ownership of the vehicle.

Keep a copy if your letter.
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i.p.phrealy
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PostPosted: 22:35 - 20 Apr 2014    Post subject: Reply with quote

this is why when I sell a vehicle I get them to sign a receipt with the date and time on it.
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stinkwheel
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PostPosted: 22:58 - 20 Apr 2014    Post subject: Reply with quote

I'd suggest you inform them, in writing, that you were neither the driver, owner or registered keeper at the time of the alleged offence. The V5 had been completed, signed and posted the same day, the keys to the vehicle were handed over to the new keeper before 12.30pm on that date. Explain you didn't keep a record of their name and address. Give them as many details as you can remember about the person you sold it to.

Keep a copy, get proof of posting and attach it to the copy.

Incidentally, it's section 172 of the road traffic act 1988 we're worried about. The offence would be failure to furnish information which is a nippy one (six pointer, three figure fine). It's paragraph 2 (b) we're concerned with here:

Quote:
2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a)the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and

(b)any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.


Paragraph 2(a) technically doesn't count because you were no longer the keeper of the vehicle at the time.
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Marmaduke
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PostPosted: 23:02 - 20 Apr 2014    Post subject: Reply with quote

Shall send it off with as much info as I can give and post back here with what happens.
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The Disapproving Brit
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PostPosted: 23:28 - 20 Apr 2014    Post subject: Reply with quote

I'd also explicitly mention that as you have returned the v5, the DVLA details should be updated in due course with the correct information, and they will then be able to obtain the keepers details from DVLA as normal. Include the phone number and any other details you do have about the new keeper, and make sure you sign it.
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j.silvs
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PostPosted: 06:11 - 21 Apr 2014    Post subject: Reply with quote

You have his mobile number.

Ring him.
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Pete.
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PostPosted: 07:34 - 21 Apr 2014    Post subject: Reply with quote

j.silvs wrote:
You have his mobile number.

Ring him.


Not a bad idea. Send a text saying you've found the toolkit and manual, can you have his address so you can post them on.
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Rogerborg
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PostPosted: 08:23 - 21 Apr 2014    Post subject: Reply with quote

As above, and don't sweat it. Even if the new owner tries to claim that they didn't buy it until later in the day, there will be reasonable doubt about who was riding at that time, which is all you need as a defence.

Do respond quickly though, and get that free proof of postage. There's no benefit to delaying on this one.
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MattEMulsion
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PostPosted: 08:53 - 21 Apr 2014    Post subject: Reply with quote

If you haven't got a means of copying a document such as a V5, take a photo of it on your camera phone. A decent phone will take a surprisingly good picture of a document that you can transfer to a computer at a later date should you need to. Thumbs Up
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trevor saxe-coburg-gotha
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PostPosted: 09:08 - 21 Apr 2014    Post subject: Reply with quote

i.p.phrealy wrote:
this is why when I sell a vehicle I get them to sign a receipt with the date and time on it.


Wonder if that would actually stand up?
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Pete.
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PostPosted: 09:15 - 21 Apr 2014    Post subject: Reply with quote

MattEMulsion wrote:
If you haven't got a means of copying a document such as a V5, take a photo of it on your camera phone. A decent phone will take a surprisingly good picture of a document that you can transfer to a computer at a later date should you need to. Thumbs Up


I do this all the time at work. Added bonus is that you get the timestamp saved in the exif. You can also take a photo of the guy leaving on your bike which will also be timestamped. Alright, they can be edited but it's just another line of self-defense.
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132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
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stinkwheel
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PostPosted: 09:16 - 21 Apr 2014    Post subject: Reply with quote

Pete. wrote:
j.silvs wrote:
You have his mobile number.

Ring him.


Not a bad idea. Send a text saying you've found the toolkit and manual, can you have his address so you can post them on.


I'd tell them "There's been a problem with the registration and I need your full name and address to sort it out.".

"What sort of problem?"

"The DVLA still haven't got you down as the registered keeper."

This has the benefit of being true.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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Pete.
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PostPosted: 09:34 - 21 Apr 2014    Post subject: Reply with quote

Aye there is that but it would be prudent to ask if they still own the bike first, perhaps by asking in a conversational way how they are getting on with it. If the buyer gets wind that there's a fine coming and his name was never on the V5 you'd get a short click followed by a long brrrrrrrrrrr.
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132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
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bugeye_bob
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PostPosted: 09:45 - 21 Apr 2014    Post subject: Reply with quote

when ever I sell a bike or car I do 2 receipts with both time and date on so this is covered,
A pen and bit of paper is all thats required no high tech,


Any witnesses to him buying(cctv at home etc?) it or did you put the cash straight in the bank ?
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Marmaduke
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PostPosted: 12:14 - 21 Apr 2014    Post subject: Reply with quote

Was at my parents garage, my dad was there and could vouch that he drove off on it... but there's no solid proof either way!
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Villers
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PostPosted: 16:00 - 21 Apr 2014    Post subject: Reply with quote

Whats the odds on the new keeper having set his unsurance to run from either 00:00 on the day stated or at 12:00 mid-day? Not exactly completely proof of culpability on the owners behalf butcertainly supplementary - given that you were not insured to ride the bike theres maybe a further letter waiting for you from plod if you are in any way 'fingered'. Thumbs Up
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covent.gardens
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PostPosted: 16:59 - 21 Apr 2014    Post subject: Reply with quote

57mph in a 50mph, scamera van? Fuckers. Twisted Evil

All you can do is explain what happened, if you advertised it keep a copy of the ad, document everything now, write down all you can remember about what happened, times, dates, what he was wearing (should show on photos), ignore the useless after-the-fact comments about "you should have made a copy" because that is a) totally unrequired, b) subtly suggests you are at fault for this situation which you are NOT.

Where were you at 2.28pm on 10 April? Did you go to the shops? See anyone?


Last edited by covent.gardens on 17:04 - 21 Apr 2014; edited 2 times in total
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