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I bought a vehicle and within two days of purchasing, it was

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
  • Positive Feedback: 95.6 %
  • Accepted Answers: 2767
Verified Expert
in UK Traffic Law

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Customer Question

I bought a vehicle and within two days of purchasing, it was towed away by a bailiff on the pcn fine by the previous keeper. I sent them proof of purchase, insurance certificate and new keeper supplement slip but they're still not satisfied. When the full log book came from dvla, I sent it to them but still not satisfy. What can I do now to get my vehicle back from them.

 

Optional Information:
System of Law: England-and-Wales

Already Tried:
I have sent proof of purchase, new keeper slip from the purchasing logbook and certificate of insurance to them. Also send the new logbook to them from dvla. Tried calling traffic enforcement court that pass the judgement but not able to help

Submitted: 330 days and 13 hours ago.
Category: UK Traffic Law
Value: £33
Status: CLOSED

Accepted Answer

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Expert:  Jomo1972 replied330 days and 13 hours ago.


Jomo1972 :

Hi Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

When did this happen?

Customer : I bought the vehicle on the 9/6/2012 and was towed away on the 11/06/2012
Jomo1972 :

thank you, I am just travelling and my signal keeps disappearing so will get back to you as soon as I have a better spot, won't be long

Customer : Ok
Jomo1972 :

Sorry for the delay. Journey from hell!

Jomo1972 :

I presume that you can show the date of purchase exactly?

Customer : No problem
Jomo1972 :

And indeed the date of registration at the DVLA?

Jomo1972 :

Does your insurance certificate also post date the PCN?

Customer : Change of ownership was 9/6/2012 and date of processing was 20/6/2012
Customer : Insurance started 12/6/2012
Jomo1972 :

Do you know the date of the fine?

Jomo1972 :

Probably several months before?

Customer : I knew nothing about the pcn by the time I bought the vehicle
Jomo1972 :

No, or you wouldn't have bought it.

Jomo1972 :

The paper work should tell you the fine date though?

Jomo1972 :

It doesnt much matter really. You know it wasn't yours

Jomo1972 :

If they won't act then you can see a return of the car by going to the County Court.

Customer : It was may 2011 as I was told by the local authority
Jomo1972 :

You can either pay off the debt and then sue for the cost.

Jomo1972 :

That might be the simpliest way of getting your money back.

Jomo1972 :

You would win if the facts are as you say.

Jomo1972 :

Or you can go to the county court and seek an injunction to force them to hand it back - effectively a stay of their warrant in relation to the car

Jomo1972 :

Depends how quickly you need the car back

Jomo1972 :

Although actually the county court can usually list you pretty quickly.

Customer : Why should I pay for someone else crime or debt
Jomo1972 :

One reason may be that you won't get your car back unless you do or you go to court and get an order.

Jomo1972 :

There's no way around that.

Jomo1972 :

Either you pay them off and sue for the cost or you seek an order at court.

Customer : How can I file an injunction against them
Jomo1972 :

You can use the N244 form that you can get at any county court or indeed online.

Jomo1972 :

Just on the basis that this was not your PCN as the car was not owned by you at that time.

Customer : Can you file an injunction on my behalf and tell me your professional fee
Jomo1972 :

I'm not allowed to do that under the rules of this site as we cannot have direct contact and I cannot do work on your behalf. In any event you don't need representation to do this. This is a simple hearing and you will be fine and representatives.

Jomo1972 :

Please remember to rate my answer OK SERVICE or above and then I will be happy to continue with this for free. E

Customer : Ok thanks for the advice and I will do as advised.
Jomo1972 :

no problem. All the best.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.6 %
Accepts: 2767
Answered: 6/26/2012

Experience: Bar Exams, over 5 years in practice

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