Consumer rights explained: A toll company claims I owe more than €1,000 in tolls for a car I just bought

Q: I recently bought a second-hand hatchback in a private sale through an online marketplace. I was really happy with the car and had no issues at all until I received a solicitor’s letter claiming that I owed over €1,000 for unpaid tolls. 

I had no idea why the toll company held me liable when I compared the dates of the unpaid tolls with the date I bought my car. But when I looked into it, I discovered the previous owner put the wrong date on the vehicle registration documents, making out that I bought the car about six months earlier than I did. 

In the end, I submitted an affidavit to the toll company to clear my name. But since this started with the purchase of my car, do I have any consumer rights against the previous owner? 

Justin, Carlow

Justin, consumer law in Ireland applies only where a consumer buys from a trader – in other words, someone selling goods as part of a business. Because you bought the car privately from another individual, the sale isn’t covered by the Consumer Rights Act 2022 or other consumer protections. 

Although consumer law doesn’t apply to your case, the seller in a private sale is still legally responsible for notifying the change of ownership to the Department of Transport. As the buyer, you, as well as the seller, are responsible for completing and signing the change of ownership section on the back of the vehicle registration certificate, or logbook, and making sure the details, like the date of sale, are correct. 

In the past, consumers had to rely on carefully studying the logbook and flagging any errors with the seller before they sign it. However, a new system introduced by the Department of Transport in recent years means that car ownership can now be transferred securely at the time of the purchase. The Online Change of Vehicle Ownership service allows a private (non-trade) seller to transfer ownership to another private owner online in real time and check essential vehicle details before the sale is finalised. The online transfer of ownership takes minutes and reduces the risk of recording or submitting incorrect information. You can get more information from www.vehicleservices.gov.ie/cvo. 

For your own situation, even though consumer law doesn’t apply, you may consider contacting the previous owner to reimburse you the costs involved in submitting the affidavit to clear your toll liability. If you don’t get a satisfactory response, and you are intent on recovering your costs, get legal advice on your options. The small claims procedure doesn’t handle claims related to private sales, so you would need to weigh the fee you paid for the affidavit against the likely higher legal costs of taking a claim.