Speeding ticket for car i sold 6 months ago

Micky 32

I sold my car 6 months ago. I met the guy half way. He signed the cert. After chatting for a while i left the cert on the seat and i forgot to bring it with me.
He promised me faithfully he’d send it in the next day. He failed to do so and still won’t to this day. I did sign a declaration to say i had sold the car but the problem is you are still the last registered owner until he sends the cert in.

6 months on a fix charged ticket comes in the post. It does have a section where i can nominate a driver . The problem is i can’t sign it unless i know for sure who was driving? Any advice will be appreciated.

frank730

you need to talk to the Gardai, they can track him via road tax or insurance route which you cant

mikeecho

Do you know who you sold it to?

Why not just get a new cert, put his details on it and post it off

User1998

https://www.boards.ie/discussion/comment/122708979#Comment_122708979

And backdate it to before the speeding offence occurred

https://www.boards.ie/discussion/comment/122709005#Comment_122709005

From date of sale.

Micky 32

https://www.boards.ie/discussion/comment/122708979#Comment_122708979

i have already signed a declaration for the dept of transport saying i don’t own the car anymore months ago.

M3CS

Most insurance companies require the main driver on the policy to be the legal registered owner of the car. Has this person been driving around uninsured for six months? It might be worth asking the guards.

coylemj

https://www.boards.ie/discussion/comment/122710672#Comment_122710672

FYP: Most insurance companies require the main driver on the policy to be the legal registered owner of the car.

I meet you to buy your car, we agree a price so I hand over the money and you hand me the keys. At that moment, I become the legal owner of the car, can insure it and drive it. The fact that it might take a week or so to get the registration changed has no bearing on the insurance.

The only time you may get caught out for not being the registered owner is when you submit a claim for damage to your own car under fully comp. cover. Some companies state that they will only pay such a claim to the registered owner.

If the condition you quoted applied, nobody would be able to insure and drive a car (new or secondhand) whch they had just purchased until the new or updated registration cert. arrived from Shannon with their name on it.

M3CS

https://www.boards.ie/discussion/comment/122711475#Comment_122711475

That's fair enough and it goes without saying that a week or two from the date of sale is to be expected before the change of ownership is processed. Is there no legal issue if someone drives around for six months without notifying the Department of Transport about the change? As you mentioned, the insurance company would likely take issue with it and it would be an easy decision to void their policy in the event that a claim did occur.

coylemj

Is there no legal issue if someone drives around for six months without notifying the Department of Transport about the change?

In relation to the insurance, no. if you paid the previous owner, you own the car. That means you can insure it and drive it.

As you mentioned, the insurance company would likely take issue with it and it would be an easy decision to void their policy in the event that a claim did occur.

'As I Mentioned' - where? I never suggested that the policy could be voided if they discover that the policyholder is not the registered owner. They would be on very rocky ground if they tried. And I can't find a single policy document which contans that condition, despite what you claimed in post #8 above.

Micky 32

The plot thickens! The Gardai phoned me today to say the car has been involved in a chase.

...Ghost...

Been saying this for years. We need an online system to transfer ownership. A simple pin validation system would do the trick and would allow the transfer of ownership to be instant, legally and practically. The existing owner would have to do the transfer, entering their details and a validation pin. The owner to be could get a text link to accept ownership and maybe be required to supply their drivers license and matching DOB to verify authenticity. No more BS like the above.

User1998

https://www.boards.ie/discussion/comment/122715051#Comment_122715051

We already have this as of last month

https://www.gov.ie/en/press-release/6f4e3-new-online-service-simplifies-transfer-of-vehicle-ownership/#:~:text=The%20Online%20Change%20of%20Vehicle,details%20against%20the%20vehicle%20register.

...Ghost...

https://www.boards.ie/discussion/comment/122715059#Comment_122715059

Cool. Hadn't heard. I see it on gov.ie now

The only issue I see is not everyone has a MyGovID, or at least they don't have it setup

User1998

https://www.boards.ie/discussion/comment/122715062#Comment_122715062

Just edited it to my post there

Paul MCM

https://www.boards.ie/discussion/comment/122715062#Comment_122715062

https://www.vehicleservices.gov.ie/cvo/

Here you go. Best of luck

Wanderer78

https://www.boards.ie/discussion/comment/122715016#Comment_122715016

so what happens now?

Micky 32

https://www.boards.ie/discussion/comment/122715184#Comment_122715184

They claim they have an idea who was driving. It will be only a matter of time before he is caught and the car will be lifted.

They want my name off the car so i have to get a duplicate cert and fill the details he originally supplied. I also have to make a statement saying when i sold it.

https://www.boards.ie/discussion/comment/122715231#Comment_122715231

Fill in the online transfer system. Link above

Micky 32

https://www.boards.ie/discussion/comment/122715278#Comment_122715278

i think the new owner has to receive a code and finish the transaction, I’m fairly sure he won’t be too interested in doing so.

M3CS

duplicate

M3CS

https://www.boards.ie/discussion/comment/122714803#Comment_122714803

Are you feeling alright? Simmer down. Your exact words in your previous post were:

"The only time you may get caught out for not being the registered owner is when you submit a claim for damage to your own car under fully comp. cover. Some companies state that they will only pay such a claim to the registered owner."

Tippman24

You need to complete a Declaration A, having it witnessed by a Peace Commissioner or Solicitor and submit it to Shannon. Once that is done the FCN should be cancelled in FCPO. Better still, subit a copy of Dec A to the Fixed Charge Office and send original to Shannon

Micky 32

https://www.boards.ie/discussion/comment/122716523#Comment_122716523

A declaration was signed and processed months ago.

Tippman24

Then you should be okay. You should give the Fixed Charge Officea shout or email asking for the status of the Notice.

Micky 32

https://www.boards.ie/discussion/comment/122716591#Comment_122716591

Unfortunately not plain sailing. I rang the fixed charged office and even though i have declared i don’t own the car it’s still in my name ( last registered owner). They won’t cancel the ticket until it’s registered to someone else.

mikeecho

Looks like the op will just have to have a day out in court, and hope that no more speeding or parking tickets arrive, because each one will be another day in court.

And if the speeding happens in a different country, them that's where court will be held.

It's a harsh lesson to learn about the responsibilities of completing and properly sending off the change of ownership.

Unfortunately the OP isn't the first, and wont be the last to endure this.

coylemj

https://www.boards.ie/discussion/comment/122716491#Comment_122716491

I get upset when someone makes a speculative statement and then suggests that I said it.

When I said that some companies would only pay for damage to your own car to the registered owner, I was not implying (as you suggest) that this would amount to them voiding the policy.

Micky 32

https://www.boards.ie/discussion/comment/122717124#Comment_122717124

ah it’s not all that doom and gloom. Once i get my replacement cert i should be able to sort this.

Micky 32

They are fast in Shannon this week. Applied for replacement cert on Monday and got it this morning.

xabi

Take the car back and say it was stolen 6 months ago

Micky 32

https://www.boards.ie/discussion/comment/122708979#Comment_122708979

One thing i wonder about this route. It’s obvious he’s either a criminal or just a pure dumbass, hopefully the latter. He certainly won’t want the car in his name. Couldn’t he simply return the cert to Shannon claiming it’s an error and the car then goes back into my name?

User1998

https://www.boards.ie/discussion/comment/122724577#Comment_122724577

Both partys need to sign & date a declaration in order to do this afaik.

suvigirl

https://www.boards.ie/discussion/comment/122715051#Comment_122715051

What we need is proof of identity for the person registering the vehicle. Owner should have to produce photographic identification

fitzparker

https://www.boards.ie/discussion/comment/122724577#Comment_122724577

If this is the case and blanks it, and the guards have proof of him being in the car, surely they can then move to the next step and put it down as theft… then he gets a bigger charge.

The speeding ticket, be honest with the department, show them your insurance moved from that car to the new one on X day… if you paid tax for the new car show proof, if you have etag etc set up show its moved to the new reg..

I get it still doesn't prove you weren't driving the car but common sense should prevail

User1998

https://www.boards.ie/discussion/comment/122724884#Comment_122724884

Theft? Theft of what? He paid for the car.

fitzparker

https://www.boards.ie/discussion/comment/122725037#Comment_122725037

If it was cash there was no proof, i'm sure the guards can come up with a thin line to theft or another offence if he refused to send the log book, gets a speeding ticket and then gets in a chase, at least a charge

surely there is something there as he has a car that is not by law owned by him yet… i'd be certain it isn't insured either.

Maybe its not called theft, but committing 2 offences and refusing to sign a log book is surely another offence

User1998

https://www.boards.ie/discussion/comment/122725772#Comment_122725772

Haha so you think the Garda will make up that he stole the car? My friend gave a car to a garage for them to sell on his behalf, they took the €20,000 they got for the car and never paid him anything. Garda wouldn’t do anything about it and wouldn’t report the car as stolen and said it was a civil matter. So I can pretty much assure you they won’t report it as stolen in this case either

Gumbo

https://www.boards.ie/discussion/comment/122710672#Comment_122710672

not strictly true. They just need an insurable interest in the car.

fitzparker

https://www.boards.ie/discussion/comment/122725977#Comment_122725977

That's why I said "maybe it's not called theft" as that is reaching

But surely committing 2 offences (one being a police chase) in a car that is not legally yours can result in other ones, specifically when the person who bought the car has refused to sign the log book

Micky 32

https://www.boards.ie/discussion/comment/122724414#Comment_122724414

I sent the cert back on Wednesday with the persons details and the car has now changed ownership. They are fast.

Micky 32

Just to update, the speeding fixed charge noticed has been cancelled.