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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Car has been towed for someone else’s debt

73 replies

Imaybecontagious · 11/02/2020 11:18

Hello everyone just wondering if anyone has any knowledge of this unusual issue.

I own a car, friend is registered keeper of the car (separate personal debt issue), has taxed it and has driven it a few times with temp insurance. However I’ve had long term insurance on the vehicle. Friend had some debt and by chance a bailiff has spotted the number plate and towed the car. It’s a huge mess, I have called the bailiff and he asked me to provide ownership proof. I have emailed copies of my receipt of purchase for the vehicle from two years ago along with my current insurance certificate, bank statement of me buying the car etc. Only thing I haven’t been able to send is obviously the log book as I’m not the registered keeper but I know a v5 isn’t proof of ownership anyway.
Am I likely to be able to get my car back?

OP posts:
Original poster
Imaybecontagious · 11/02/2020 11:19

Sorry forgot to add the debt Is a parking ticket she received while driving the car!

OP posts:
slipperywhensparticus · 11/02/2020 11:20

You need the v5 in your name asap

slipperywhensparticus · 11/02/2020 11:21

Ahh well in that case they will probably put the ticket in your name so you can pay it

And how the hell has it got this far? Are you in America? Tickets here are £60?

JudgeRindersMinder · 11/02/2020 11:25

@slipperywhensparticus it starts at £60, but if you ignore it and it gets to the stage of court and bailiff, all sorts of costs get added on and it can get to £500 very quickly

Original poster
Imaybecontagious · 11/02/2020 11:25

Nope this is a UK ticket started as £65 now £513.
I have spoken to the dvla and asked for the log book back in my name but they won’t do it as now the car isn’t in my possession.

OP posts:
SavageBeauty73 · 11/02/2020 11:27

Why aren't you the registered keeper? Sounds a right mess.

ProclivitiesMcManus · 11/02/2020 11:27

I think this is legally a "trust". The law sees a difference between legal and beneficial ownership. Your friend may have the legal title to the bar. But you are the beneficial owner, and she's holding it on trust for you. It's like a bank account for a child which might be in the parents' name, but in fact belongs to the child. Assets like that cannot be taken by creditors to pay the debt of the legal owner.

What you have to do is to prove that you are the beneficial owner. The documents that you've sent should establish that. Although if the bailiff won't accept it you might end up having to go before a judge. The bailiffs are officers of the court by the way.

I don't think retrospectively changing the name of the registered keeper is likely to be very convincing.

HannaYeah · 11/02/2020 11:29

Is she going to pay the ticket?

Why doesn’t she have her own car.

Tombliwho · 11/02/2020 11:29

My knowledge only extends as far as those shit programmes on channel 5...
But they always say the V5 isn't "proof of ownership" and they want to see receipts from the purchase so if that's correct surely you'll be ok to get it back?
I'm not sure though.

viques · 11/02/2020 11:38

I think legal ownership of a car is about whose name is logged at DVLA. Who pays for running costs eg road tax, insurance, upkeep and petrol is another matter and does not constitute ownership. Not quite sure how your insurance company agreed to insure a car in another person's name at another address but I'm sure you were completely honest with them.

That is why DVLA tell people to make sure they register a car in their own name on purchase. You need to speak to your "friend" and sort out legal ownership and payment for the fines. You are probably also logging up daily charges at the holding centre too, so do it quickly.

bellabasset · 11/02/2020 11:42

Do you know why there is a bailiff involved in collecting a parking ticket? They charge like the light brigade, so you could find the cost of a £35 ticket is nearly 10 times as the car has been towed.

I think you need to get details of who issued the ticket and go back to them as a start.

MummyJasmin · 11/02/2020 11:47

Sounds like a right palaver.

redcarbluecar · 11/02/2020 11:56

Don't know the legal ins and outs re towing but I'd be pissed off with a friend who'd got a parking ticket in my car and let it get to £513!
Hope you get it sorted quickly.

@bellabasset "they charge like the light brigade" made me laff. Smile

Puzzledandpissedoff · 11/02/2020 12:01

I genuinely don't understand this - if you had the money to buy the car in the first place and are now paying the insurance, etc, why is the friend the registered keeper?

And why didn't they simply pay the parking fine before it got to this stage?

Floofffs · 11/02/2020 12:03

The registered keeper is not the legal owner of the car

The legal owner is who the invoice is made out too and paid for it

/worksinmotortrade Smile

SchadenfreudePersonified · 11/02/2020 12:04

why didn't they simply pay the parking fine before it got to this stage?

This.

SchadenfreudePersonified · 11/02/2020 12:08

If your car is sold to pay your friend's debt, in these circumstances , it may go on your credit record - not in a good way.

TeacupDrama · 11/02/2020 12:10

the V5 is the registered keeper it makes plain at the DVLA that it is not the same as a legal owner
for instance you could buy a car and be the legal owner but not be a driver and be driven everywhere by a chauffeur so you are the legal owner, often large companies legally own vehicles but the registered keeper is the person who drives it daily
the registered keeper is the one that the DVLA contact and who should say who was driving at a particular junctur; the registered keeper is also responsible for MOT insurance etc but none of that makes them the legal owner and if the registered keeper owns money for a fine they have to pay it not the legal owner of the vehicle if that is different

Hingeandbracket · 11/02/2020 12:11

I think legal ownership of a car is about whose name is logged at DVLA
It really isn't - have a look at your V5c - or read some of the many posts making the point that reg keeper isn't necessarily the legal owner.

TeacupDrama · 11/02/2020 12:12

@viques that is wrong the V5 specifically says it is not proof of legal ownership you can own a car without a driving licence you can't insure it without being a driver

GrasswillbeGreener · 11/02/2020 12:12

For what it's worth, I am the registered keeper of my mother's car and have use of it while she is out of the country. She still owns it and pays some of the costs. In our case ownership means, when she needs it it is available for her use at any time, and two I have no right to sell it.

I too would hope that your documents prove your ownership acceptably and get it sorted soon. I guess your friend won't be having use of your car again...

DowntownAbby · 11/02/2020 12:12

Sounds like between you both you've hatched some sort of scheme to avoid some sort of financial issue and it's come back to bit you on the arse.

MatildaTheCat · 11/02/2020 12:13

Where is your ‘friend’ in all this? Her mess, her debt.

Why on Earth is she the registered keeper? I know it’s possibly not relevant but I can’t bend my head round a sensible reason for this?

JaceLancs · 11/02/2020 12:18

My DP (not living together) has debt problems and I lent him my old car for a couple of years until it had to be scrapped
I then bought another one outright for £2k
I am still the legal owner and have proof I paid for it (receipt from dealer and bank transfer)
I would be going to court myself if someone tried to take my property to pay for someone else’s debt
The DVLA make the legal position quite clear on their website

Lucked · 11/02/2020 12:20

Have they asked for anything else or are you still waiting for them to get back to you? Sounds like you have sent all the correct information.

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