Getting fined for abandoning a car that I sold (sale, credit report)

[No Happy]

Hey everyone!

On Friday, I received a couple fines in the mail related to a car that I sold in February 2017. While I know that I didn't do everything that I should have done to protect myself when I sold it (like scanning the signed off title), I want to focus on what I can do now.

Basically, I sold the car on February 24th, and two days later I mailed in the notice of transfer. However, I realized just a couple days later that the car was sitting in the parking lot of a restaurant. Eventually, in mid March, the owner of the restaurant contacted me and told me to move the car or he would have it towed. I explained to him that I sold it, and tried to contact the lady I had sold it to, but unsurprisingly she didn't respond. I gave her information to him, and a couple days later I saw that the car was no longer in his parking lot.

Fast forward to Friday, I get in the mail two fines for 1) Abandoning a car and 2) Car was out of safety/registration + delinquency tax (it was registered and good on safety when I sold it, it expired in September). The fines said that I had received a notice on December 25th telling me that I had abandoned the car (which to my knowledge I never got), and now as of January 24th I have 30 days to pay for it. After paying the fines, I'm also supposed to pay for the time its in storage at the recycling center that it was supposedly abandoned at and then pay to have it scrapped. I called the DMV and they stated that I am still listed as the owner of the vehicle and that they don't have it logged that I sent in the notice of transfer.

My main two questions are 1)Why did they not log (or receive) my notice of transfer and 2) Where was the vehicle between when it was towed from the restaurant (mid March) and when it was ticketed as abandoned (December 25th). I plan on going to the recycling center to see if I can get any info from them this week.

Basically, do you think it is wise to file for a motion to petition this or just to pay it and move on? Assuming the lady threw away the title when she abandoned the car, I really don't have any clear evidence of sale since my notice of transfer is AWOL - all I have is a couple emails showing her interest in my car and Facebook messages with the owner of the restaurant talking to him about the fact that I had sold it and did not abandon it myself. Anyone with advice, I would really appreciate it. Thanks!

[Dreaming of Hawaii]

Do you have a copy of the notice of transfer? Although your copy may not do much good because there's no proof that you submitted it to the DMV (because they said they don't have it).

I suggest that you take the money you got from selling the car and pay off the fines. Without any written proof that the vehicle was not in your possession, you really don't have much of a case. Maybe you'll luck out at the recycling center.

Unfortunately, you got a bad deal and this serves as a lesson to the rest of us about how to protect ourselves when selling a vehicle.

[67Cam]

It appears this flawed method of transferring vehicle ownership isn't limited to the California DMV. I had an issue when I sold a car and the new owner didn't register it. DMV said they didn't get the paperwork I sent in transferring title. This is a huge flaw in the system: you have no way to prove the transfer if you have to mail in paperwork that gets "lost". Luckily I made 2 bills of sale, filled out both which we each signed and kept. The DMV took that and no issues after. Did you have a separate bill of sale? Hopefully they don't stick you with a fine.

[hothulamaui]

Yes pay it and move on as you stated, You didn’t do all you could to protect yourself. All the rest is due to that.

[ScottStielow]

Should have conducted the transfer at the DMV to ensure of the transfer. A little late now, water under the bridge already.
Sorry for your troubles. Good luck.
Scott

[Onhollywoodblvd]

I'm curious, can you break down the costs of the fines and fees? It seems you are able to pay, so I would bite the bullet and be done with it. Late fees and penalties may be added, and you'll probably end up losing your case anyway. Also beware--the recycling center may sue you in small claims court to recover their fees.

[whtviper1]

Originally Posted by Onhollywoodblvd

so I would bite the bullet and be done with it.

I'd pay it - then take her to small claims court.

[Arktikos]

How much did you get from her in the sale of that junker back in 2017?

If it was more than the fines and fees, I'd just pay it and move on.

[terracore]

What happens if the fines aren't paid? You don't get the car back?

[whtviper1]

Originally Posted by terracore

What happens if the fines aren't paid? You don't get the car back?

It isn't as simple as that.

It will go to collections - then your credit report.