registered wrongly as keeper for my daughters mobility parking fines not mine.

[paws61]

Can any body help me with a ground to appeal

I agreed to by the lead driver on my daughters mobility car in 2008. I didnt know i was being registered as the keeper with the DVLA by the sellor. My daughter has now racked up about 6 parking fines. They have been sent to be as the keeper. i wrote to the DVLA explaining I have never been the keeper or owner.

They agreed to write a letter saying the cant remove my on the day of registration but could the next day and my daughter had been writton to asking she register the vehicle in her name. I have sent a copy of the letter to 3 of the councils they have accepted my explanation and a copy of the DVLA explaining I have been removed as the keeper the next day of registration.

 

One particular city council as refused my explanation and the DVLA as evidence and asked me to appeal through the traffic tribunal for england and wales. They have adviced me the police have said i am the keeper up til september the DVLA say there records say i was removed by the keeper on the 4th May

They have also accuesed me of being the driver and therefore using a disabled badge that isnt mine. The car as always been driven by my daughter and the disbled badge is hers. They say they have refrred me to the relevant department for investigation. I feel like criminal i think this council is carrying out a witch hunt. In the letters with the parking fine they sent me some body elses parking appeal refusal with a picure of their car and name and address. Any ideas how i can fight this thing legally? Is there any one out there with the same experience?

 

Can i do anything to hold the policy to account for giving out incorrect information

For the council not checking the DVLA data base

For falsely accusing me of using a disabled badge belonging to my daughter used by her on her car.

For breaching data protection act by sending me another persons data.

[green_and_mean]

If you were the registered keeper at the time of the parking fines then you are liable, you must have been sent a V5 why didn't you realise you were the keeper? They are entitled to investigate blue badge abuse if you haven't done anything wrong and not been charged with any offence why are you bothered about it? I cannot understand how you can be the keeper of a vehicle for 2 years and not realise you must have had to tax it? If the car is your daughters why are don't you just sort out the PCNs between you all you are doing is transfering the liability to your disabled daughter which doesn't seem that nice?

[sailor sam]

As far as I am aware, a car under the mobility scheme is registered to the person who qualifies under the scheme. Your post is slightly confusing; you say you 'agreed to be the lead driver' then you say that 'the car is always been driven by your daughter'.

 

Can you please clarify?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

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[green_and_mean]

As far as I am aware, a car under the mobility scheme is registered to the person who qualifies under the scheme.

 

That may depend on who is going to drive it, not all disabled people drive.

[sailor sam]

That may depend on who is going to drive it, not all disabled people drive.

 

No, the driver does not have to be the registered keeper. As I said; as far as I am aware the car is registered to the person who qualifies under the scheme. How else would the user qualify for a disabled exempt tax disc?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[green_and_mean]

No, the driver does not have to be the registered keeper. As I said; as far as I am aware the car is registered to the person who qualifies under the scheme. How else would the user qualify for a disabled exempt tax disc?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

They may nominate someone to be the registered keeper to get the 'nil tax' or in the case of a home or organisation that holds a blue badge it can be registered as a disabled passenger vehicle. You can get a mobility car from 4 years old so its not likely that a 4 year old child would be the registered keeper!

[Bernie_the_Bolt]

You can get a mobility car from 4 years old so its not likely that a 4 year old child would be the registered keeper!

 

Out of interest, if they were, could they be liable for PCNs?

[sailor sam]

They may nominate someone to be the registered keeper to get the 'nil tax' or in the case of a home or organisation that holds a blue badge it can be registered as a disabled passenger vehicle. You can get a mobility car from 4 years old so its not likely that a 4 year old child would be the registered keeper!

 

And the relevance of this to the OP is...? Perhaps if we stick to the matter in hand we will progress further. So I would refer the OP back to my post #3.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[green_and_mean]

And the relevance of this to the OP is...? Perhaps if we stick to the matter in hand we will progress further. So I would refer the OP back to my post #3.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

The relevance is your posts were incorrect and totally pointless as it doesn't matter who drives the car as far as either the mobility scheme, nil tax or Council parking tickets are concerned.

[esmerobbo]

You dont get the V5 when you have a motability car they keep it! It is registered in your name C/O Motorbility operations Ltd. The main name on the insurance is the name they use as the keeper!

[green_and_mean]

You dont get the V5 when you have a motability car they keep it! It is registered in your name C/O Motorbility operations Ltd. The main name on the insurance is the name they use as the keeper!

 

That makes more sense, how do you tax it then or does motability do that?

[Surfer01]

You dont get the V5 when you have a motability car they keep it! It is registered in your name C/O Motorbility operations Ltd. The main name on the insurance is the name they use as the keeper!

Wrong I have my V5 and the car is registered in my name c/o Motability Ltd and with my address.

[sailor sam]

The relevance is your posts were incorrect and totally pointless as it doesn't matter who drives the car as far as either the mobility scheme, nil tax or Council parking tickets are concerned.

 

My posts are not incorrect at all. Its the usual 'I am never wrong' attitude you have. Surfer has just confirmed that the person who qualifies under the scheme is the RK which is what I stated in one of my original posts. My late father also had a motability car so I do know a little bit about it.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

That makes more sense, how do you tax it then or does motability do that?

 

LOL! :lol:Your question proves my point! You spout off to me with your assumptions in your post (#6) when you clearly no nothing of how the scheme works! Maybe if you do a bit of research before correcting others may help;

www.motability.co.uk

 

 

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Raykay]

My posts are not incorrect at all. Its the usual 'I am never wrong' attitude you have. Surfer has just confirmed that the person who qualifies under the scheme is the RK which is what I stated in one of my original posts. My late father also had a motability car so I do know a little bit about it.

 

The person who qualifies for a motobility car is not automatically the registered keeper, which is what G&M means.

A motobility can be issued for the use of anyone who is three years or older. In the case of an adult, they may be the registered keeper, but in the case of a young child etc. who qualifies, it would need to be an adult, usually the parent or guardian, who is the registered keeper. There may be a reason why the OP was recorded as the registered keeper instead of his daughter

Edited January 23, 2011 by Raykay

[sailor sam]

The person who qualifies for a motobility car is not automatically the registered keeper, which is what G&M means.

A motobility can be issued for the use of anyone who is three years or older. In the case of an adult, they may be the registered keeper, but in the case of a young child etc. who qualifies, it would need to be an adult, usually the parent or guardian, who is the registered keeper. There may be a reason why the OP was recorded as the registered keeper instead of his daughter

 

With respect I havn't mentioned anything about a child user... it was G & M. As far as I can tell in the OPs case, we are not talking about a child so I would again suggest that the RK should be the OPs daughter. The OP has confused things a little by stating that he put himself forward as 'the lead driver' and then states that 'his daughter always drives the car'. This does not explain how the OP managed to become the RK and I note that he has not come back and clarified these points yet.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Raykay]

With respect I havn't mentioned anything about a child user... it was G & M. As far as I can tell in the OPs case, we are not talking about a child so I would again suggest that the RK should be the OPs daughter. The OP has confused things a little by stating that he put himself forward as 'the lead driver' and then states that 'his daughter always drives As far as I am aware, a car under the mobility scheme is registered to the person who qualifies under the scheme.the car'. This does not explain how the OP managed to become the RK and I note that he has not come back and clarified these points yet.

 

In your earlier post you said 'As far as I am aware, a car under the mobility scheme is registered to the person who qualifies under the scheme'. Which is not correct, G&M just gave an example where they would not be. It may also depend on the motability scheme used - a motability supplied car, or one on H.P. through motability.

 

As you say, we will have to wait for the OP to reply.

[sailor sam]

In your earlier post you said 'As far as I am aware, a car under the mobility scheme is registered to the person who qualifies under the scheme'. Which is not correct, G&M just gave an example where they would not be. It may also depend on the motability scheme used - a motability supplied car, or one on H.P. through motability.

 

As you say, we will have to wait for the OP to reply.

 

OK point taken, maybe I should of inserted the word 'normally' somewhere in the text. But in any event, it is not relevant to the thread. G & M also stated 'it would depend on who was going to drive it as not all disabled people drive' which is also not correct. Who the RK is does not depend on who is going to drive it at all.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[green_and_mean]

OK point taken, maybe I should of inserted the word 'normally' somewhere in the text. But in any event, it is not relevant to the thread. G & M also stated 'it would depend on who was going to drive it as not all disabled people drive' which is also not correct. Who the RK is does not depend on who is going to drive it at all.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Yes it does you are just making up excuses and backtracking because you are wrong once again, an adult with severe mental disabilities that is totally dependant on a carer is hardly going to be a registered keeper of a motor vehicle if they don't even know what day of the week it is. In addition if a child had a mobility car when they are lets say 13 yrs would they suddenly become the keeper at 16/17 yrs? The keeper is the person who keeps the vehicle which may or may not be the person who qualifies for assistance.

[sailor sam]

Yes it does you are just making up excuses and backtracking because you are wrong once again, an adult with severe mental disabilities that is totally dependant on a carer is hardly going to be a registered keeper of a motor vehicle if they don't even know what day of the week it is. In addition if a child had a mobility car when they are lets say 13 yrs would they suddenly become the keeper at 16/17 yrs? The keeper is the person who keeps the vehicle which may or may not be the person who qualifies for assistance.

 

And yet again you use an irrelevant example to the thread in a vain attempt to discredit me. I do not need to 'backtrack' or make 'excuses', why the hell would I need to? It is quite obvious that the a person in your irrelevant example would have to have a 'representative' to be their RK. But it dosn't change the fact that the RK does not have to be the main driver of the car or a driver at all. Now can we wait for the OP to clarify the situ and get back to the whole purpose of this thread which is to establish the facts instead of causing ridiculous arguments which appears to be a favorite pass time of yours.

[green_and_mean]

And yet again you use an irrelevant example to the thread in a vain attempt to discredit me. I do not need to 'backtrack' or make 'excuses', why the hell would I need to? It is quite obvious that the a person in your irrelevant example would have to have a 'representative' to be their RK. But it dosn't change the fact that the RK does not have to be the main driver of the car or a driver at all. Now can we wait for the OP to clarify the situ and get back to the whole purpose of this thread which is to establish the facts instead of causing ridiculous arguments which appears to be a favorite pass time of yours.

 

I think you will find I never said the keeper was the main driver, it was you that made the statement that the disabled person was always the keeper which is wrong as I have pointed out several times. Ridiculous arguments as you call them are caused because you make incorrect statements on a regular basis and then try to justify them instead of just admitting you made an honest mistake. People not just the OP use these threads as a source of information making false statements and attacking those who attempt to correct you helps no one!!

[sailor sam]

I think you will find I never said the keeper was the main driver, it was you that made the statement that the disabled person was always the keeper which is wrong as I have pointed out several times. Ridiculous arguments as you call them are caused because you make incorrect statements on a regular basis and then try to justify them instead of just admitting you made an honest mistake. People not just the OP use these threads as a source of information making false statements and attacking those who attempt to correct you helps no one!!

 

Yet again WRONG!!! Please indicate where in this thread have I said ALWAYS. The fact of the matter is that all this is totally irrelevant to the OP but you just can't leave it at that can you. And as for admitting making an honest mistake; If you read post 18, you will ses that I admit to not using the word 'NORMALLY' or similar in my previous comments.

[esmerobbo]

Wrong I have my V5 and the car is registered in my name c/o Motability Ltd and with my address.

 

You may have but I have never had mine. I have a form from Motorbility called a "Conformation of registered keeper" My tax comes direct from Motorbility I don't receive anything here it all come through Motorbility!

 

This is a quote from my T&Cs

 

"Finally, if you have an Advance Payment, this will need to be paid to the Dealer (in one lump sum). Your tax disc will be provided with your car, while Motability Operations will hold the V5 document."

Edited January 24, 2011 by esmerobbo

[Raykay]

I think it depends on which motability scheme you are in, if it is a motability supplied car, it is registered in the name of the nominated person c/o motability, at the motability address, and motability keep the V5C. Which may be why the OP has only just found out he was nominated as registered keeper.

 

If it is the H.P. scheme, it is registered with the buyers details as normal with H.P.

[sailor sam]

You may have but I have never had mine. I have a form from Motorbility called a "Conformation of registered keeper" My tax comes direct from Motorbility I don't receive anything here it all come through Motorbility!

 

This is a quote from my T&Cs

 

"Finally, if you have an Advance Payment, this will need to be paid to the Dealer (in one lump sum). Your tax disc will be provided with your car, while Motability Operations will hold the V5 document."

 

As I understand it there are 2 different typs of agreements; contract hire and a sort of HP agreement. I guess it would depend on which agreement you have to whether you actually hold the V5. I imagine it would be under the HP agreement.

 

In any event, the OPs situ appears to be a tad 'complicated' as first he states that 'he is the lead driver' then is claiming that his daughter (the disabled person) 'always drives the car' yet he is (or was) the RK. I don't see how he could be the RK if the car is under the motability scheme under these circumstances if his daughter is able to drive the car. We are waiting for the OP to clarify the situ.