A citizen sold a car, and fines come? What to do under such circumstances? We will have to figure out the answers to these questions further. In fact, the situation under study is possible. Moreover, citizens are faced with it very often. And therefore, it is important to understand how to behave. Otherwise, wrong actions are fraught with serious consequences for the previous owner of the car. How to avoid problems? For what reasons does the problem under study happen?
Sources of the situation
A man sold a car, but fines come? What to do? Unfortunately, there is no clear answer to this question. In addition, to understand the topic being studied, you will have to consider all sorts of situations. Sometimes the payment issued to the former owner of the vehicle is valid. And it will have to be paid in full.
First, let’s try to understand why the fines for the sold car come. What to do in this situation?
The most common causes of such an event are the following circumstances:
- incorrectly concluded sales contract;
- errors and system failures in the registration authorities;
- lack of timely registration of the vehicle;
- sending fines for violations with a delay.
In addition, someone else’s fines can come to a person when his transport was stolen or sent for recycling without any supporting documents. But these circumstances are not related to the sale.
Delays
What should I do if I sold the car, and the fines come on me? This kind of question sounds at a variety of auto forums quite often. People also turn to lawyers with him. After all, a fine is a certain responsibility. And you need to do something with it.
As we have already said, sometimes penal notifications come to the population with delays. That is, a person committed a violation, he was fined, then a car was sold, after which a payment of the established form was sent to the seller.
In fact, the fine will “hang” on the previous owner of the car. He is not going anywhere. Sold the car, but the fines come? What to do?
Look at the date of fixing the violation. It is usually written in a standard form notification. This technique will help you understand whether you need to pay a receipt.
Crashes
He sold the car, and fines come on me. What to do? It is important to deal with the cause of the conflict. Further actions will depend on this.
In some cases, fines for sold vehicles come due to errors and system failures in the registration authorities. That is, the receipt will be issued illegally.
In this case, you will have to return the payment to the traffic police. It is advisable to have evidence that the car is actually sold.
Some lawyers offer just to call the local traffic police and find out what is the matter. If all the faults are system failures or employee errors, the payment order is allowed to simply be ignored.
Lack of registration
After the conclusion of the purchase and sale transaction, the new owner of the property must put the car on registration with the traffic police. This is a prerequisite. If it is not fulfilled, driving a vehicle will be prohibited.
Sold the car, but the fines come? What to do? You can check on whom the car is hanging. We will talk about how to do this later. The main thing is that after checking the relevant data, it will be possible to understand why the fine came in a different name.
If a car seller finds out that his former property was not registered on time, he can:
- annul the contract of sale;
- to independently remove the vehicle from the register in its name;
- contact the buyer and rush him with registration;
- apply to the court to invalidate the fine.
How to behave? Each person gives an answer to this question on his own. Usually it doesn’t reach the court. But this also happens.
Sales Violations
The least pleasant situation is when, after concluding a contract for the sale of a vehicle, it turns out that the agreement was signed with errors or violations. Then the document will not have any legal force.
In such circumstances, the fines written to a person will be real. And the responsibility for them will rest with the seller of the car.
How to behave? Here it is possible to act like this:
- apply to the court to cancel the contract;
- participate in a court session in order to prove their innocence;
- renegotiate a car sale agreement.
There are no more options. That is why drivers are advised to be extremely careful about making a deal. Violations of the sale entail serious consequences for both the buyer and the seller. Especially if the "new" owner of the vehicle has already violated traffic rules.
Pay or not
Sold the car, but the fines come? What to do? Do I have to pay bills?
As you might guess, the answer depends on the situation. And every owner of a car should remember this.
Ideally, it is better to pay the fine (although not always), and then, if the receipt was issued illegally, go to court to recover the amount of payment from the new owner of the car.
In addition, there may be cases where the payment can be ignored. For example, this is possible if:
- the notification came in error;
- the buyer did not register the car on time;
- the perfect violation occurred after the vehicle was handed over to the new owner, and under unforeseen circumstances the receipt fell to the old owner.
In other cases, you will have to pay fines. In particular, if a citizen has really committed a violation. Or in situations in which one cannot prove one's innocence.
Appeal of a fine
Suppose that a receipt received by a person simply arrived with a delay. That is, it is real and addressed to the old owner of the vehicle. What to do?
You can try to appeal the decision from the traffic police. It only gives 10 days. The countdown starts from the moment the violator receives the relevant payment.
Where to go for help? Either in the traffic police, or in court. Experts recommend not to lose time and immediately go to the local judicial authorities with a corresponding lawsuit.
If we present the algorithm of actions briefly, then it will be reduced to the following steps:
- Preparation of documents for judicial debate.
- Drawing up an appeal against a fine.
- Filing a claim / suit with the STSI / court.
- Participation in proceedings.
- Getting the final decision on hand.
As practice shows, you can appeal almost any fine. Especially if the violation did not take place in real life. This technique also helps when the old car owner wants to prove that the violation was committed by the new owner of the vehicle.
Of course, if the plaintiff manages to achieve justice, you can forget about the payment. They simply do not pay for it, they ignore it. The new owner of the car will have to deal with fines.
Documents for the court and the traffic police
Sold the car, but the fines come? What to do? A sample appeal complaint is presented to our attention. And what documents are useful during the proceedings?
The plaintiff must have:
- application for appeal of a fine;
- information about the buyer of the car;
- passport;
- vehicle purchase and sale agreement;
- previous documents for the car (if any);
- any evidence that the plaintiff did not commit a violation.
If there is a recovery of funds paid for the fine, you will have to confirm this with documentary evidence. For example, by check.
The most difficult task is to gather evidence of your innocence. Both witnesses and photo / video / audio materials can help here. The main thing is to defend your point of view in the traffic police or before the court.
Car deregistration
Sold the car, but the fines come? What to do? Is there a sales contract? If it is concluded according to all the rules in force in the Russian Federation, you can independently remove the car from registration. Especially if this procedure was not carried out before or during the sale of the vehicle.
You can apply to the registration authority with the corresponding request on the 11th day after the conclusion of the transaction for the sale of vehicles. This is not the most common, but occurring in practice, phenomenon.
Sold the car, but the fines come? What to do? Where to turn for help with a problem? In the traffic police at the place of registration of the car.
The owner of the car will have to take with him:
- identification;
- contract of sale;
- old documents on a car (if any);
- certificate of acceptance of property;
- receipt of money.
After applying for the removal of the car from the register will check documents. And, if everything is correct, the traffic police will charge a fine from the seller of the vehicle. The search for the negligent buyer and his compulsion to register with the traffic police will begin.
Termination of an agreement
Sold the car, but the fines come? What to do? A sample application to the court to terminate the previously concluded agreement is presented to your attention. This option does not take place in practice too often.
It is recommended that if the buyer did not register the car 10 days after the purchase, write a request for a vehicle search. After that, you can apply to the court with all the previously listed papers.
During the judicial debate, the contract for the sale of cars will be canceled. The penalty for the “buyer" of the car does not need to be paid. The vehicle will be searched for and then returned to the owner. That is, the plaintiff.
Who is the car recorded on?
Sold the car, but the fines come? What to do? A sample statement of claim to resolve the problem has already been submitted to your attention.
Many are interested in how to understand who the car is registered with. With this step, it is recommended that you begin to resolve issues related to fines and taxes on cars sold.
You can do this:
- by contacting the traffic police directly;
- through third-party Internet services;
- by checking the registration information on the website of the traffic police of the Russian Federation.
In the first case, it is enough to contact the local registration authority with the appropriate application. It is recommended to take a car purchase and sale agreement with you.
To verify the data through the traffic police website it is enough:
- Open gibdd.ru page.
- Click on "Services" - "Auto Check".
- Select "Check Registration History."
- Indicate the vehicle VIN or chassis / chassis number in the special field VIN.
- Click on the "Order verification" button.
- View the results on screen.
Similarly, as a rule, it is proposed to act when working with third-party services. It is best to visit the AutoCode website. With it, the user can absolutely free search for information on cars in different directions - see photos, information about registration with the traffic police, find out the owner of the car, and so on.