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Speeding from a mobile camera on a vehicle not owned.
spacey3
post Sun, 4 Feb 2018 - 20:10
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I wanted to get an opinion and maybe some guidance on an issue that has happened to someone that has (unfortunately for me) asked me to assist them. On the 4 September 2017 this person sold a vehicle to a third party, through some website. The third party purchased and signed the V5 portion required. This was then sent to the DVLA and a letter came confirming that the original owner is not longer listed as the registered keeper.

About three months later a NIP came through the post stating the vehicle had been caught doing 37 in a 30. He advised the police that he was not the owner but provided no details of the third party.

He has unfortunately misplaced the details and no longer can locate them. All he has is a telephone number for the third party, and although he attempted to call it and obtain details there was no response.

I have subsequently written to the DVLA asking them to confirm that he is indeed no longer the registered keeper and that they could furnish me with the correspondence to provide to the police, however they have yet to reply. So I have taken the liberty to write again, hoping on this occasion the respond.

Nevertheless, I was wondering, what information do we have to provide as a minimum to the police to prove that the registered keeper was not the driver at the time? Is there anything else anyone could suggest that I could ask for or provide?
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post Sun, 4 Feb 2018 - 20:10
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Jlc
post Sun, 4 Feb 2018 - 20:39
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QUOTE (spacey3 @ Sun, 4 Feb 2018 - 20:10) *
About three months later...

If the keeper was updated successfully (which it appears to be) then one would have to ask why the letter has even come to your friend? When was the offence?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Sun, 4 Feb 2018 - 21:38
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QUOTE (spacey3 @ Sun, 4 Feb 2018 - 20:10) *
I wanted to get an opinion and maybe some guidance on an issue that has happened to someone that has (unfortunately for me) asked me to assist them.


Send three and fourpence, we're going to a dance.

At the risk of being somewhat blunt, you clearly have little understanding of the issues, and are unlikely to be able to meaningfully assist your friend. Rather than you relaying your understanding of whatever he has told you, and then struggling to answer our questions, why not simply get him to post here with a first hand account?

QUOTE
Nevertheless, I was wondering, what information do we have to provide as a minimum to the police to prove that the registered keeper was not the driver at the time?


Further to the above, (from what you have told us) your friend is not the RK, you do not know who the RK is, or who was driving, but you seemingly believe that it is both possible and prudent to prove that the unknown RK was not the unknown driver.

As your friend is not the person keeping the vehicle (if your account of his account can be assumed to be accurate enough to assume that), all he needs to do in response to the s. 172 requirement is to provide "any information that is in his power to give and that might to the identification of the driver.". Whilst your account of his account of what he did provide appears to fall slightly short of this, it is not immediately apparent why he now feels that he needs to provide further information (or prove anything). Is there something that you have neglected to tell us, or something that he has neglected to tell you?


--------------------
Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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Redivi
post Sun, 4 Feb 2018 - 23:55
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+ 1

You have no connection to the car and can't expect the DVLA to drive a coach and horses through the Data Protection Act by replying to your request

It sounds as if the third party has provided a fake name and/or address

Although he was no longer the registered keeper, your friend was required to provide any information he had that might identify the driver
Even if he no longer had the name/address details, he knew a telephone number and the website where he sold the car
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Churchmouse
post Tue, 6 Feb 2018 - 18:58
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QUOTE (spacey3 @ Sun, 4 Feb 2018 - 20:10) *
I wanted to get an opinion and maybe some guidance on an issue that has happened to someone that has (unfortunately for me) asked me to assist them. On the 4 September 2017 this person sold a vehicle to a third party, through some website. The third party purchased and signed the V5 portion required. This was then sent to the DVLA and a letter came confirming that the original owner is not longer listed as the registered keeper.

About three months later a NIP came through the post stating the vehicle had been caught doing 37 in a 30. He advised the police that he was not the owner but provided no details of the third party.

He has unfortunately misplaced the details and no longer can locate them. All he has is a telephone number for the third party, and although he attempted to call it and obtain details there was no response.

I have subsequently written to the DVLA asking them to confirm that he is indeed no longer the registered keeper and that they could furnish me with the correspondence to provide to the police, however they have yet to reply. So I have taken the liberty to write again, hoping on this occasion the respond.

Nevertheless, I was wondering, what information do we have to provide as a minimum to the police to prove that the registered keeper was not the driver at the time? Is there anything else anyone could suggest that I could ask for or provide?

The police usually(?) write back if they don't get what they want the first time. Has the friend received any further correspondence beyond the initial NIP/s.172 request?

--Churchmouse
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