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[NIP Wizard] NIP for vehicle that was sold on; NIP unopened beyond 28 days
cbm
post Thu, 14 Mar 2019 - 21:09
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2019
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A5111 Harvey Road Derby
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - Previous owner
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I was registered keeper of a vehicle that I part-exchanged for a new vehicle in August 2018 with a car dealership. It was my understanding it would be sent off to auction/scrap as it was a bit of a clunker.

On January 15th a NIP was sent to me at the clunker's RK address (my parents). The offence is 54 in a 40. Obviously nothing to do with me.

Enclosed with the NIP is a letter reading: "It has been noted that you have recently informed DVLA Swansea that you are no longer the registered keeper of the above vehicle. However, there are no further details given regarding the person/company to whom you sold the vehicle.

"It would be appreciated if you could provide the name and address of the new owner, at Part 3, on the attached Notice of Intended Prosecution."

Normally this would be straightforward. However I am longer regularly picking up mail from this address and only opened this letter today, placing me way beyond the 28 days.


NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
Were you driving? - No
Do you know who was driving? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • As you are not the person keeping the vehicle you are required to provide such information as is in your power to give, especially the name and addresses of the person who was the person keeping the vehicle at the time of the offence (if you know it). You should also tell them the names and addresses of the possible drivers if you know them. You should ask the police to supply a photo.

    Although the reasonable diligence test doesn't apply to you, because you are the Registered Keeper and have a real connection with the vehicle, the police are likely to take a tougher line so you should send a covering letter explaining the circumstances in more detail. You should reply within the 28 day period.

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 14 Mar 2019 21:09:03 +0000
This would be straightforward except the NIP letter was unopened until today, way past the 28 days. As they know I am not the registered keeper, can I be prosecuted for failing to provide the details in time? Should the dealership not have registered the vehicle?

This post has been edited by cbm: Thu, 14 Mar 2019 - 21:15
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post Thu, 14 Mar 2019 - 21:09
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Jlc
post Thu, 14 Mar 2019 - 22:24
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Yes, you could be prosecuted. Supply the details you have ASAP.


--------------------
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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cbm
post Thu, 14 Mar 2019 - 23:15
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Should I include a cover letter with mitigating circumstances for the tardiness?
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Jlc
post Fri, 15 Mar 2019 - 07:29
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When you sold the vehicle what did you do with the v5?


--------------------
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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cbm
post Fri, 15 Mar 2019 - 08:03
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Being relatively naive on the exact procedures, I took all of the documents I had with me when I part-ex'd it and we went through filling out all of the forms for the old and new car at the dealership. I left reassured it was all done and dusted with the V5C for my new vehicle, with the dealership retaining the V5C for my old vehicle. A couple of weeks later I received a refund for the road tax and an acknowledgement from DVLA stating their records were updated and I am no longer the registered keeper of the vehicle. I took that to mean there was also a new registered keeper assigned to it; apparently there can be some limbo state where there is now no RK of a vehicle...?
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Jlc
post Fri, 15 Mar 2019 - 08:07
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Ok, interesting.

The car appears to have been ‘in trade’.

The police have acknowledged too you weren’t the RK but you are still obliged to provide information in regards to the s172. Only that information you have that may lead to the identification of the driver.

Whilst you may not have much information, supply what you have and explain it was an old address - you have no ongoing obligations to update those details...

You replied as soon as reasonably practicable.

This post has been edited by Jlc: Fri, 15 Mar 2019 - 08:09


--------------------
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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cbm
post Fri, 15 Mar 2019 - 10:48
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I just popped in to the car dealership. I have already filled in the NIP naming them, which they said was fine. They confirmed it was taken "into the motor trade" and gave me a printout from the DVLA saying as much. Apparently the vehicle was then sent off to auction, and they say they will in turn name the handlers of the auction. They also said someone further down the line has not completed the process/a form correctly to cause this to happen. This is largely all foreign to me. My assumption is that the car still is in fact "in trade"; but someone somewhere must have access to the keys.
The NIP, cover letter and printout from the dealership will be in today's post.
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cbm
post Fri, 15 Mar 2019 - 10:59
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I have included this statement in the cover letter:

QUOTE
Please accept my utmost apologies for the delay in providing the required information; the address the NIP was sent to is now an old address that was correct at the time I was the registered keeper, since when any obligations to update address details ceased. The NIP was forwarded to me today (14th of March 2019) and I have replied as promptly as I am able.


This post has been edited by cbm: Fri, 15 Mar 2019 - 11:00
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cbm
post Sun, 1 Sep 2019 - 16:58
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I never received anything further about this so I presume, also considering the circumstances, it can be considered settled now. Thanks for the advice Jlc.
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