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Received NIP but not the owner/RK at the time
phey708
post Tue, 10 Jul 2018 - 16:06
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Hi,

I received a NIP dated on 13th of May 2018 this year for a speeding offence of 39 in a 30 zone, however I did not get the car until the 16th of May. It came with a covering letter stating that I am the recent RK/insurer of the car and they are chasing me for more information (by filling out relevant section of NIP).

I have filled out the form as best as I could including the date I acquired the vehicle however I could not remember the name of the person I bought it from, just the address and telephone number. Have also checked my V5 that came in the post but the previous owner section was missing. Despite sending this information away they have responded saying that I have incomplete the form and could potentially end up in front of mag's court.

Obviously this is a bit stressful especially as I only bought the car on the 16th which is 3 days after the offence. I have also seen the photo evidence online and I am very confident that the driver was not me. I also have text messages which proves that I am arriving on the 16th to pick the car up and I have kept these just in case.

What should the next course of action be? Should I write back that I have to the best of my knowledge tried to nominate previous owner and you should chase previous owner via DVLA?

Thanks.
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post Tue, 10 Jul 2018 - 16:06
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phey708
post Wed, 11 Jul 2018 - 11:05
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QUOTE (Churchmouse @ Wed, 11 Jul 2018 - 02:07) *
QUOTE (phey708 @ Tue, 10 Jul 2018 - 17:06) *
I have filled out the form as best as I could including the date I acquired the vehicle however I could not remember the name of the person I bought it from, just the address and telephone number.

But you did include that information, the address and telephone number, right? I hope you didn't decide that because you couldn't give a name, you didn't still need to give them the information that you did have...

You only have 28 days to respond to the s.172, so sending dribs and drabs of information after that time arguably won't help--if the police are minded to prosecute you. As mentioned above, you are not required to do any "investigation"; I suspect the police just didn't believe your claim that you didn't know the seller's name, so they decided to have another go. However, in order to actually convict you of the offence, they'd need to prove somehow that you did know the seller's name (or some other relevant bit of information), which would be challenging for them unless there are links between the two of you that could be found.

--Churchmouse


Yes I gave them both but they sent it back saying I needed to fill out name.
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peterguk
post Wed, 11 Jul 2018 - 11:08
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QUOTE (phey708 @ Wed, 11 Jul 2018 - 12:05) *
Yes I gave them both but they sent it back saying I needed to fill out name.

QUOTE (phey708 @ Tue, 10 Jul 2018 - 17:06) *
I could not remember the name of the person I bought it from, just the address and telephone number.

Phone and ask?


--------------------
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nigelbb
post Wed, 11 Jul 2018 - 11:37
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QUOTE (The Rookie @ Wed, 11 Jul 2018 - 11:17) *
QUOTE (nigelbb @ Wed, 11 Jul 2018 - 10:55) *
QUOTE (The Rookie @ Wed, 11 Jul 2018 - 10:13) *
QUOTE (nigelbb @ Wed, 11 Jul 2018 - 07:53) *
Why should the current RK be expected to know the details of the previous RK when it's the DVLA who keep track of all these details. Nowadays with continuous insurance, tax & SORN the DVLA always have a record of the RK as that is who they will fine if the car isn't taxed or SORNed.

Assuming the previous registered keeper was the person actually selling the car, the fact it has got to this stage suggests otherwise, the first NIP back in May probably went to the previous RK.

If the DVLA provided details of the RK at the time of the offence isn't that the person who should be pursued & not someone who became the RK a few days later? It is only the DVLA who definitively know who the RK is/was at any particular time.

It's also odd that the OP's copy of the V5C does not have the name of the previous RK. The only way this should normally happen is if the vehicle were purchased new.

If the previous RK has said they disposed of the car some time before the alleged offence date (or it was without an RK) how or why would the Police pursue them?

Unless the vehicle is in trade it cannot be without an RK. The point is that if a car is on the road then the DVLA will always know who is responsible for paying road tax. If it's not on the road they will know who SORNed it.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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Vampgirl
post Wed, 11 Jul 2018 - 12:08
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QUOTE (nigelbb @ Wed, 11 Jul 2018 - 10:55) *
It's also odd that the OP's copy of the V5C does not have the name of the previous RK. The only way this should normally happen is if the vehicle were purchased new.

We recently bought a second hand car and the V5 when it arrived did not have the previous keeper's address in section 2 either - just the same sentence about data protection. Maybe its something new? GDPR?
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Jlc
post Wed, 11 Jul 2018 - 12:26
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QUOTE (Vampgirl @ Wed, 11 Jul 2018 - 13:08) *
QUOTE (nigelbb @ Wed, 11 Jul 2018 - 10:55) *
It's also odd that the OP's copy of the V5C does not have the name of the previous RK. The only way this should normally happen is if the vehicle were purchased new.

We recently bought a second hand car and the V5 when it arrived did not have the previous keeper's address in section 2 either - just the same sentence about data protection. Maybe its something new? GDPR?

Indeed, previous keeper information is not on the v5 any more - see this.

This post has been edited by Jlc: Wed, 11 Jul 2018 - 12:27


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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

Private Parking - remember, they just want your money and will say almost anything to get it.
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