Nickctp
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| posted on 29/8/12 at 10:27 PM |
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Reclaiming number plate - post sale
Hi all,
Was just looking for some info and suggestions on my problem here - I'll be as brief as I can.
I sold my lotus Elise via piston heads. In the add I stated that the private number plate will not be included in the sale. I also stated all the
modifications that I had done to the car since my possession and all the mods & upgrades the previous owner had done. I had all receipts to prove
the parts and work done by myself and most from previous owner.
The car went quicker than I expected (2 days) and did not have time to transfer the private plate over before sale - I made an agreement with the
buyer that we would get the plate transferred (at my expense) as soon as he had the v5 back - he was a very cautious buyer & seemed nice genuine
guy. I was very open and honest about the car. We both signed a hand written receipt/agreement for the usual sold as seen and about the transfer of
the plate.
We kept in contact and after a few weeks when I said I would send him the signed transfer forms and cheque etc he started ignoring me. Anyway a year
passed and I was trying every means of getting in touch with him - telephone email and even letter. He eventually cropped up on the lotus forums and I
was informed by a friend. I got in touch with him and he replied saying he is not willing to give back the plate as some things were not as described
on the car - mainly that the manifold was not the brand suggested in the add and the gear linkage was not upgraded. Now these were both things to
supposed to have been done by the previous owner & I re listed the add exactly as it was when I purchased the car (plus my additions). I still
have a copy of the advert from the previous owner to prove this.
I have apologised and explained the situation and also explained the plate was a gift from a passed family member & was important to me - but he
will now not reply again.
He got the car at a very good price with a years tax and also a years mot, so can't say he did not get his money's worth (which he is)
I know this is totally my fault for letting the car go with the plate in the first place & for not checking these parts that were mis listed - is
there anything I can do to get this plate back or have I lost it forever? It is really important to me. As I said it is through my own stupidity this
has happened and I totally accept that.
Cheers
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mookaloid
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| posted on 29/8/12 at 10:32 PM |
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Sorry but from my days in the motor trade, I think you have lost it 
"That thing you're thinking - it wont be that."
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twybrow
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| posted on 29/8/12 at 10:32 PM |
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Small claims court is all I can think of... If you have evidence (a signed receipt) that the plate was not part of the sale etc, then I don't
think he can argue against that. He may choose to counter claim from you stating his reasons, and then it would be up to the judge to decide.... The
process is not scary - you fill in a form online, and away you go.... Good luck!
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Nickctp
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| posted on 29/8/12 at 10:45 PM |
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quote:
Originally posted by twybrow
Small claims court is all I can think of... If you have evidence (a signed receipt) that the plate was not part of the sale etc, then I don't
think he can argue against that. He may choose to counter claim from you stating his reasons, and then it would be up to the judge to decide.... The
process is not scary - you fill in a form online, and away you go.... Good luck!
Yeah - I wasn't sure about it legally - didn't know if I had anything to go on!!
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Davg
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| posted on 29/8/12 at 11:02 PM |
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Sorry Nick but as you have said shouldn't have let the plate go in the first place or at least sending off the transfer request re plate before
finalising the deal. If its that important to you, guess you could flash some cash to him and see what reaction if any. In short he now has the rights
to the plate.
Cheers D
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owelly
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| posted on 30/8/12 at 09:10 AM |
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If the contract you had with the guy stipulated that the plate was not included, you could have a case. The stuff he claims were wrong with the car
are a separate issue. I think your main stumbling block will be the time issue but I'd certainly seek legal advice. Good luck.
http://www.ppcmag.co.uk
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gunman
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| posted on 30/8/12 at 10:22 AM |
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Yep, the sale of the car was a contract, part of the contract terms was that he would transfer the number back, which he did not.
You have a case.
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unijacko67
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| posted on 30/8/12 at 10:29 AM |
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I have the reverse situation regarding I bought a car with private plate (worth a bit I would imagine) we agreed not included in sale. I sent all
forms back to him making him the nominee, but received a letter Retention Document (V778) reminder last month saying I am still the Grantee and need
to extend the retention period or loose the plate to DVLA. I don’t believe I have any right to the number so haven’t renewed and also I tried
contacting him to renew, but no reply. After searching the web my understanding is that a number plate can only belong to a car and if sold with the
car it remains the property of the registered keeper so should have been put on retention prior to sale. I stuck to our sale agreement, and signed it
back, but looks like a shady area and looks like DVLA have ended up with it back.
http://www.kittenkitcar.co.uk
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chillis
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| posted on 30/8/12 at 11:59 AM |
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quote:
Originally posted by gunman
Yep, the sale of the car was a contract, part of the contract terms was that he would transfer the number back, which he did not.
You have a case.
+1. Though if you advertised it for sale surely you had enough time to put the number on retainer. he would then have recieved the V5c with a
different reg number and you would have kept yours. The issue over things not being as described is both separat6e and irellavant.
get a valuation for the reg number and a solicitor.
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