Free Traffic Legal Advice

Hi, the person who bought my house 1 year ago brought a stack of post to my business address.
Amongst it were a charge and a reminder, then a Form TE3 and 2 notices of bailiff attendances for an unpaid Toll (Merseyflow - Runcorn Bridge). The crossing was June 2023. However, I sold the vehicle in June 2021.
I rang the bailiff and he said that the vehicle is still registered in my name and so I am responsible for paying the fine, even though it was nothing to do with me. He also said that it is a criminal offence not to update the DVLA of sale of the vehicle (implied this consolidates my guilt and responsibility to pay). He also said there will be a further fee of £110 if I don't pay it straight away.
I am pretty sure that I sent off the V5 form to DVLA but have no evidence of this. 
I have missed the timeline for paying and appealing the charge and also for appealing the TE3 due to the passage of time due to not receiving any of those notices.
My question is, do I have to pay this fine (and bailiff fees, now £380) or is there still a way to appeal it.
Thanks, I really appreciate your advice.

What proof do you have of sale of the vehicle?

I don't think I have any proof. What proof are you thinking of? We sold it on Marketplace, so there might be some messages but they probably end at the viewing stage. I know who I sold it to and that person must presumably be taxing and insuring it.

So for 2 years the car that you sold has been driving around with your address on the V5, and presumably still is, but I assume you haven't been paying the VED when it became due. And what about the MOT ?

Something doesn't add up here. Who did you sell the car to, a private person or a trader with a registered business ?

You can check the VED status by using the DfT web site "check VED", this will also tell you the last time the V5 was updated. For the MOT the similar "check MOT" will show if the car is being driven legally. I owuld suggest you get your ducks in a row first before submitting a Witness Statement.

I sold the car to a private person. I still have their name and address. I checked the VED and it is taxed until Jan 24 and MOT'd until May 24. Unfortunately in a slight panic I went on DVLA site today and updated the V5, so the date that is showing as the last update is today's date. However, when I spoke to the bailiff he said that it had been updated in July 2021, which was just after I sold the car, so maybe the DVLA have re-registered it to me in error. Is there a way to check the V5 record.

What do you mean by get my ducks in a row? I am not sure what ducks I need to get in a row, or how.

Something still not right. In fact it seems to get more and more complicated !  HOw on earth did you manage to update the V5, because you need the code number on it to make the change. Have you checked the record ?

You sold the car in June 2021 and say you sent off the V5 for its transfer to the new owner. The bailiff told you the V5 last update was July 2021 indicating some sort of change, yet in June 2023, 2 years later, you apparently crossed the Merseyflow Bridge and didn't pay. The V5 July 2021 update after selling the car in June 2021 indicates that following the sale of the car, the V5 was changed. DVLA send out a letter to the previons owner when they change, so you would have received this, presumably at your previous address.

I suggest you contact the name and address of the buyer of your car to find out what has been going on. Maybe the car was sold on, who knows.

You should also contact DVLA supplying your name and address, and ask them what their records show when you ceased to be the registered keeper. Point out you sold the car in Jund 2021, and to the best of your memory are sure you sent off the V5.  YOu will need this information to put on your PE2

As for the bailiffs, if you pay, it does not preclude you from submitting an OOT SD. At the moment, unless you can get the OT accepted, you are responsible for the debt.

In terms of checking the DVLA record you can only ask.

The do have an email like contact and a webchat which can be useful.

https://www.gov.uk/contact-the-dvla/y

You can also make an FOI request which won't be quick. Supply some ID and a couple of bills - you shouldn't really need to supply much but it's just easier than getting it rejected.

A fairly common error is to fill out a new address rather than a change of keeper.