Selling car but i expect a problem.

[ALFIE CONN]

Im selling our non running Smart car (02 Passion Covertible) to the garage that were going to fix it for £1,150. It was £1,500 to re-condition the engine so decided to get rid of it.
Obviously the buyer is buying so that he can sell it on for a healthy profit.
The problem i think i may have is, im worried he is going to ask to have it without me putting the Log Book in his name so that it is easier to sell on and has one less owner.
The last time i did this (for a "friend") i got parking tickets for over £600.

Any suggestions?

 

[Will]

Surely if you're selling it to a garage, it'll be a 'trade' sale, so wouldn't you fill the logbook out accordingly for this (there's a section for selling a vehicle to a motor trader on the V5 document IIRC)

Will

 

[The Boss]

always always always fill in either the new keeper supplement or the trade supplement.

Never leave it blank. and then take a photo copy, and keep that whilst it is sent off!

Legally you are liable for any due offences whilst you are the owner!

 

[ALFIE CONN]

The buyer is not a proper garage that buys and sells, he is a mechanic who fixes cars only, he does not buy and sell.
He will just/only be moving the car on for a profit when he has fixed it.
Sorry i was not clearer.

 

[The Boss]

Either way, when you part with your car, your legal responsibility is passed to new owner.

As soon as you send him the car, you can not leave any paper work open.
Sure he will profit, but if he was to drive the car and end up hitting a pedestrian and driving off, and they die, if CCTV or the reg is passed to police etc, YOU are liable, not him.

UP TO YOU, but never in a million years would i put myself in that position.

 

[Will]

Well if he's not a proper garage or trader, he's a private individual so you need to register the car in his name.

It's in your interests to do this properly if you don't want to be liable for any fines etc. Once bitten, twice shy and all that?

Will

 

[ALFIE CONN]

So he either does it properly or i walk away.
Thanks gents.

 

[vijilants]

AWAYS make sure that the change of ownership is filled in and sent off asap.

Sometimes much worse happens when this is not done......a friend of mine sold a car and took his time in sending off the paperwork.....the car was then used in a robbery and as the car was still in his name, the plod were on his door step in no time !!!!!

 

[Seamster15]

Send off the yellow part of the v5, DVLA won't care if he is a trader or a garage as long as they know who has the car. If he tries it on, question him why there is a problem as it's the law!

I had the same issue as you with regards to getting congestion charge and bus lane fines a few years back, so definatly take a copy of the log book before handing over/sending off the yellow slip.

 

[WLeg]

I THINK you can still fill in the trade part of the V5, as he is a "Sole Trader". AFAIK this just tells DVLA you don't own it, but it has not been passed on it next owner - sort of in limbo..

If the V5 is not filled out, as other say, you are responsible for all infringments, although as it is not road-worthy right now that might be a few weeks. - Your exposure will be when people test drive it....... (Can a smart go faster than the national limit with 2 adults in it? )

He may find it difficult to sell on, as he will be selling from address A and the car will be registered at address B.

 

[jaymanek]

Alfie.. just fill in the yellow section.. they dont have to be a full time trader..

You fill in the yellow section, ask him to sign it... YOU send it to DVLA.. keep a copy and you are safe.

if he ends up keeping the car for more than 3 months it is up to him to re register in his name fully. However the onus is then on him as you have done what you need to.

 

[hitenhirani]

has he actually asked you to do this yet?
maybe worth just waiting to see if he does ask you.

 

[ALFIE CONN]

has he actually asked you to do this yet?
maybe worth just waiting to see if he does ask you.

I find out later, which is why i said "i may have a problem?" as he is selling on.
It was something i wanted advice on before i go to him tonight.

Thanks all for the advice

 

[hitenhirani]

sorry, I didnt mean to sound rude or close the convo.
I was just wondering whether the garage had said this on a verbal agreement before the 'transaction' took place.

 

[x332race]

Apart from the V5, I always insist on a receipt signed by both parties for the sale stating price, mileage, number plate, date etc with addresses of both parties on it. Both parties take have a copy of this....just in case.....

 

[johnsco]

Notify the DVLA
AND .......
Make sure you get an acknowledgement from them.
AND
Keep it in a safe place.
We learned recently the hard way, that it is an infringement NOT to be able to produce an acknowledgement from DVLA.
We had done everything correctly, but missed the trick with the acknowledgement and got fined when we could not produce it.
No wonder the real criminals are laughing their heads off.
Seriously though - Do notify DVLA or there are many ways that you can be up-the-creek.

Johnsco

 

[BlackC55]

if he does not buy it I may be interested.

 

[x332race]

Notify the DVLA
We learned recently the hard way, that it is an infringement NOT to be able to produce an acknowledgement from DVLA.
We had done everything correctly, but missed the trick with the acknowledgement and got fined when we could not produce it.

Johnsco

Good grief...don't the authorities have enough to do? Surely if they have sent you an acknowledgment, then thats that? Even if you have misplaced the acknowledgment, the fact that on has been sent must mean that the DVLA computer must have registered the changes and have a record... I really dislike the way that government bodies run themselves now..
How much did you get fined and did it result in a criminal record and / or points?

 

[robertjrt]

The DVLA through their computer network have details of all vehicles and then match the registration number with MOT's/insurance. So if your car is "seen" by the new Number Recognition Cameras, which I understand are or will go live any day now, it may well be that a fine with points will come wingeing through your letter box.

You will then have to go to Court and persuade the Bench that you have done everything the Law requires under the Road Traffic Act. If you do not, your pocket and driving license will suffer.

The upside of these new NRC is that it will mean even more un-insured, non-MOT'd cars are sent to the crusher.

You may have read about the new scam, the money crash, a driver pulls in front of you then brakes suddenly, the result, you rear end him.

An insurance claim is then lodged with multiple "whiplash" claims and, of course the car is a write off. If in any doubt, photograph the driver, the car, any passengers and the road conditions. Personally, I would call the police if it happened to me.

 

[ALFIE CONN]

He bought the car and signed the yellow traders slip but is going to let his wife run it in for a while then sell.
I was quite sad to see it again, i really loved that Smart Conv.