Vehicle sold / no registration by new owner/ traffic fines

Question

I urgently need help and I am appealing to you for advice. I sold my car to a mechanic whom I have known for over 15yrs, no receipts were given to him and I never signed the yellow registration form, however I did in good faith hand over the logbook. The reason we never signed the yellow form was that he said the engine needed to be replaced and he would need to put the new number on with registration. He promised not to drive it till transferred. This was in April 08, in about August I received the first of three fines. I phoned him and told him to put payment into my account and I will pay the fines....that’s when this nightmare began. He informed me he had sold the car to another individual. I contacted the new owner and threatened to scrap the vehicle if he does not pay the fines (now R800) and send me a copy of his ID. After taking verbal threats on my life, I found the funds paid into my account. I told him the licence ends in November and he has then to get the yellow doc to me, I even arranged for him to send it via an Absa branch. Nothing came. At the end of November I went to the Licensing dept. I filled in the pink slip to scrap the car, I was told I could not as I did not have the logbook, I was by then close to tears so I asked what can I do, they registered the car as owner unknown and gave me a receipt, they also phoned Mr Paul who told them some long stories, but being fair I agreed to make the owner unknown effective from November and not from April so he would not have to pay penalties. I thought finally it was over. Until last week when I got another fine in the mail… Now I don't know what to do, this man is obviously still driving this car, has not registered it and it is unlicensed and worse of all is I am still linked to it.

Answer

The regulation regarding change of ownership requires form NCO to be completed by the current and new owner. The current owner must then have form NCO processed at his authority. This records the new owner's liability to register and ends the licence liability of the current owner. It thus ensures that arrears and penalties are not accrued by the current owner. The NCO was not processed, thus the new owner is not recorded.

Reporting the vehicle as stolen or scrapping the vehicle would be a false declaration and not advised as it has legal consequences. The police will not be able to get the vehicle back the vehicle was sold there are no grounds for impounding the vehicle. The traffic authorities may be able do something about the fact that the new owner has an unlicensed vehicle in his possession.