Rejected car and V5C

Honest John Back Room » Motoring discussion
View Threaded
Fri 8 Nov 2019 20:47
Rejected car and V5C - Edward123

Hi,

I bought a car a few weeks ago from a dealer on Ebay. Paid full price and it came with 6 months warranty. Within a week I had a runaway diesel engine so the car was rendered useless. I got it back to the dealer to repair under warranty and he won't fix it, just keeps making excuses. So as it's under 6 months for the sale I've rejected the car in writing and asked for a full refund and left it at his premises. I definitely don't want the car back.

Whilst I try and get my money back, the car is on his premises but I am the registered keeper on the V5C. I'm insuring it and taxing it. I have no control over what he does with it now eg speeding tickets / parking fines.

When you reject a car are you supposed to transfer the ownership back to the dealership ? What if they don't want the car back ? Can you transfer a car to somone else without their permission ? If so I could transfer it to him and he could transfer it straight back !

Any advice re the V5C and ownership would be appreciated.

Thanks

Edited by Edward123 on 08/11/2019 at 20:50

Reply | Report as offensive | Link
Fri 8 Nov 2019 23:19
Rejected car and V5C - Bromptonaut

V5 is about keeper and who is responsible for VED and traffic fines etc.

Not really at issue when rejecting.

Reply | Report as offensive | Link
Fri 8 Nov 2019 23:22
Rejected car and V5C - Andrew-T

Is your selling dealer the previous owner on the V5, or was the car still registered to someone else? If so, you can't really 'transfer it back' ?

Reply | Report as offensive | Link
Sat 9 Nov 2019 09:56
Rejected car and V5C - argybargy

I'd say that you need to clarify the situation by contacting the DVSA, or whatever they call themselves nowadays. Otherwise and if you haven't already, contact the Citizens Advice Consumer helpline. They're mainly about your consumer rights, but might also have some guidance about the specific issue of your liability for fines whilst your car is with someone else.

www.citizensadvice.org.uk/Views/Pages/Beta/BetaCon...B

Reply | Report as offensive | Link
Sat 9 Nov 2019 10:30
Rejected car and V5C - Bromptonaut

My comment at 23:15 yesterday was less helpful than it should have been, sorry.

It's at least arguable that in rejecting the car you have transferred the vehicle to a motor trader. Complete Part 4 of the V5 (yellow slip) and send it to DVLA or use the facility on their website. Tell the dealer you have done this and give them rest of V5. NB - This may be more complicated if you have a personal plate on the car - see notes on V5.

As regards parking and traffic fines while he has vehicle I think action depends on offence/infringement alleged.

For Penalties issued by a Council there's guidance on the Traffic Penalty Tribunal's website: https://www.trafficpenaltytribunal.gov.uk/owner-liability/ about owner liability.

If it's parking on private land the keeper can 'dob in' the driver and transfer liability:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads

/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf (Flowchart B)

If it's a motoring offence - speeding, traffic light camera etc then you're going to have to convince the Fixed Penalty Office that you have transferred the vehicle and/or you do not know who the driver was because the vehicle was in control of a garage. This may be hard work. A lot of people try and wriggle off the hook at this point which means these cases get detailed and assertive attention from the authorities.

You should prevail but don't necessarily assume your account will immediately be taken at face value.

Edited by Avant on 09/11/2019 at 11:16

Reply | Report as offensive | Link
Sat 9 Nov 2019 11:19
Rejected car and V5C - Avant

Nothing deleted, Bromp. I've just put some of the link into a second line, as otherwise the margin becomes too wide and adverts encroach on the text.

Reply | Report as offensive | Link