Author Topic: notice to owner (ealing)  (Read 2188 times)

0 Members and 110 Guests are viewing this topic.

notice to owner (ealing)
« on: »
Hello all
I have today received 2 of these for consecutive days June 13th/14th.
Isaw this vehicle advertised in autotrader on 28th june ,contacted the advertiser and agreed to come down to london on  Monday 30th.

Traveled down to london on the train and organised insurance on the way down. The vendor met us at the station, we drove to Ealing viewed the car etc and made a purchase ,did a bank transfer to his wife/partners account ,all good so off for the drive back up to York,no issues,
rang up the ULEZ and paid for the trip and have a receipt so all good,

sent off the V5 ,section 4 was signed and dated january 25... So thats where we are at,I have the vendors name ,his wife/partners name, her bank details (as we did a transfer) I also have all the txts between  myself and the vendor with dates and times and and the reg number but I do not have his address .

So what is the best way forward

Thanks
I will now go find out how to add a picky :-[

Share on Bluesky Share on Facebook


Re: notice to owner (ealing)
« Reply #1 on: »
Sorry, want to help, but no good at all without seeing the NtOs in full. Just redact name and address.

Re: notice to owner (ealing)
« Reply #2 on: »
There's something wrong with your timeline.

Quote
I saw this vehicle advertised in autotrader on 28th june ,contacted the advertiser and agreed to come down to london on  Monday 30th.
...........
sent off the V5 ,section 4 was signed and dated january 25

The date the V5 was signed obviously wasn't January 25th but neither could it have been June 25th.
Like Like x 1 View List

Re: notice to owner (ealing)
« Reply #3 on: »
Hi this should be it
https://www.imagebam.com/view/ME13WIUH

Ref the dates,, the january one was the date the original owner sold it to the person I bought it from

archie

Re: notice to owner (ealing)
« Reply #4 on: »
Confusing....but it reads like:

Vehicle was sold in Jan; V5C was filled out but not sent off or submitted.
Offence was committed by intermediate owner 13/14 June.
You bought it end of June, filled out your details on V5C and sent it off, but didn't change date.
DVLA updated register, but used the 25th Jan date as change of keeper.
So you are showing as reg keeper when Ealing applied for details.

You have contact details, but no address, for the intermediate owner.

Where did you buy the car? Pub carpark or layby? That's almost always a bad idea.... Always best to update the details on line which should then get the right date. You presumably used this to tax it when you bought it?

Anyway you should be able to appeal with I was not the owner at time of offence with your evidence of purchase after the event. Not having an address won't help, and Ealing may well point to the V5C and refuse. One would hope an adjudicator would find in your favour at the tribunal however.

Re: notice to owner (ealing)
« Reply #5 on: »
As above, 'I also have all the txts between  myself and the vendor with dates and times and the reg number but I do not have his address .'.

But the seller's* address must have been on the front page of the V5C. Surely you did check that the person who was purporting to have title to the car actually did, at least as far as the V5C was concerned.

Anyway, something's very amiss here because DVLA would only add you to the registered keeper's record as at the date you claim to have become the RK.

I'm not convinced by the hypothesis of: 'You bought it end of June, filled out your details on V5C and sent it off, but didn't change date.
DVLA updated register, but used the 25th Jan date as change of keeper.'  but understand why it's been suggested by RichardW.

OP, can't access the NTOs in your link.

Re: notice to owner (ealing)
« Reply #6 on: »
Thanks  above, Ive just ticked the link and its worked fine so dontknow what to do/suggest.

The V5 shows me as aquiring the vehicle on 30-06-2025. wich equates to all txts ,train tickets, insurance and times,
We live in York and shortly after arriving back rang and paid the ULEZ. Hadnt been to London for years.

So intend to make representations stating in chronological order how i came to purchase the vehicle. I will attatch a copy of the txts and the recipients bank details and both the vendor and partners names.

On a side note, some time between january and my purchase on 30th June this vehicle must have incured a ULEZ charge ?
and as i dont know the rules around this, are vehicles charged for every day they are parked within the zone on a public road or only when they move within this zone ?

thanks all

archie

Re: notice to owner (ealing)
« Reply #7 on: »
I can see the NTO now, thanks.

It's a parking contravention.

Therefore, as this applies:

Notice to owner
20.—(1) Where—

(a)a penalty charge notice has been given with respect to a vehicle under regulation 9, and

(b)the period of 28 days specified in the penalty charge notice as the period within which the penalty charge is to be paid has expired without that charge being paid,

the enforcement authority concerned may serve a notice (a “notice to owner”) on the person who appears to it to have been the owner of the vehicle when the alleged contravention occurred.



then how can this:
The V5 shows me as aquiring the vehicle on 30-06-2025. wich equates to all txts ,train tickets, insurance and times,?




Re: notice to owner (ealing)
« Reply #8 on: »
https://www.imagebam.com/view/ME140RWJ

No idea, but the code on section 3 is 10 07 25 which would equate to when they had the v5 from myself.
thanks archie

Re: notice to owner (ealing)
« Reply #9 on: »
DVLA must have you as the registered keeper on the date of the contravention, hence why the NTO was addressed to you.

As such you are presumed to be the 'owner' for regulatory purposes and liable for the penalty.

Your only arguments would seem to be that:
You were not the registered keeper on the DVLA's register on the relevant date; or.

You were but the vehicle was not being 'kept' by you.

The first implies an error by DVLA, the second by you e.g. it was being kept by someone else(in your case the person from whom you bought the car) and you did not check your V5C before sending to DVLA and the new V5C when received etc.

Re: notice to owner (ealing)
« Reply #10 on: »
I only see one NTO. You said there were two in your opening post.

The visible NTO has the information on the top right faded out and largely illegible, did you do that? I assume so, it is only required to redact or obscure your name and address, please leave everything else visible. Please rectify and repost. Both NTOs please.

The NTO that has been posted up refers to an alleged contravention on the 14th of June 2025. Is the NTO dated the 10/07/2025? If it is then it seems to have been issued prematurely. Where an on-site PCN has been served an NTO can only be issued and posted once the 28 day relevant period to pay or appeal has expired. In this case the 28 day relevant period expired on the 11/07/2025.

14/06/2025 = Sat = Date of PCN and day 1 of 14/28 day relevant periods
27/06/2025 = Fri = day 14 of relevant period and last day to pay at discount
10/07/2025 = Thu = day 27 of 28 day relevant period and date of issue of NTO
11/07/2025 = Fri = day 28 of relevant period and last day to pay or serve informal representation
12/07/2025 = Sat = 1st possible day to issue and post an NTO

A procedural impropriety has occurred. The NTO is therefore void and unenforceable, or have I got the dates wrong?

And what is the date of issue of the NTO for the 13th June 2025 PCN?
« Last Edit: July 20, 2025, 03:49:21 pm by Enceladus »


Re: notice to owner (ealing)
« Reply #12 on: »
I have reposted and should now be legible, date of issue for both were 16/07/25.

The first i ever knew of this vehicle was the 28/06/25 as per my initial post,it wasnt owned by me nor had anything to do with me prior and i sent the V5 of with the date i purchased it, I taxed it online and have had confirmation of the D.D
and I have the V5 with my details and date of aquisition 30/06/25 all appear correct.
thanks for taking the time to help

Re: notice to owner (ealing)
« Reply #13 on: »
Rather like Enceladus, I had to squint to see the date of issue.

OP, this isn't going away unless you can produce proof as to why you may not be considered to be the person liable.  In particular, will you pl address the issue of why DVLA have your detsils as the registered keeper on the relevant date.


Re: notice to owner (ealing)
« Reply #14 on: »

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
On a side note, some time between january and my purchase on 30th June this vehicle must have incured a ULEZ charge ?
and as i dont know the rules around this, are vehicles charged for every day they are parked within the zone on a public road or only when they move within this zone ?

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

OK forget the premature NTO possibility, I can now see the date of the NTO is the 16th July, not the 10th.
We still need to see the NTO for the 13th June PCN?

The car would only have incurred a ULEZ charge on days it had been used (moving) within the ULEZ zone, assuming it had passed / triggered an enforcement camera. If it has been parked up legally and not moved then no ULEZ charge or other charges would have been incurred.

What makes you think there must have been a ULEZ charge prior to purchase?

If the intermediate owner, somebody apparently not registered with the DVLA, has been using the car within Greater London, then it wouldn't surprise me me if there are multiple PCNs outstanding for various infringements. Of course most of these should/would have gone to the person named on the V5c that you had. At least until he/she informed the DVLA that they were no longer the owner.

I feel inclined to put the onus on Ealing to explain why they have served NTOs on you in relation to alleged contraventions that occurred before you became the RK. So perhaps keep it simple and don't get into a convoluted history. Save that for the Adjudicator.

Something like:

Re: PCN xyz111 and xyz222
VRM ABC123

I was not the owner of this vehicle on the dates of these contraventions.
I purchased the car on the 30th June 2025.
The DVLA record confirms that I acquired the car on the 30th June 2025.
Attached is a copy of the latest V5c registration document confirming that I acquired the car on the 30th June 2025.
Clearly I cannot be held responsible for any parking contraventions that occurred before I acquired the car.
I can only assume that some error has occurred within your Penalty Charge Notice processing systems and that these Notices to Owner were served on me by mistake.
Please cancel these Notices to Owner.
I look forward to your confirmation of cancellations and that these matters are now closed.

Yours
« Last Edit: July 20, 2025, 09:45:14 pm by Enceladus »