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richkav
Hello all. I just joined today when I was looking for advice over a problem my son has.
He received an NIP in the post which was dated 6 weeks after the date of alleged offence. I immediately thought that is ok its out of time. However he had bought a new car and the Safety Camera Partnership claim they sent the NIP to the garage he bought it from. We wrote to them and said that we believed that the garage should have notified the DVLA of the change of ownership and that it is not our fault the NIP is out of time. They claim that they did issue an NIP in 10 days and to comply with the law it is not their fault it went to the wrong person and expect him to send his details in.
Combine this with the fact that the car reg has been changed as he has a private plate and the photo shows the old plate and also that the address is wrongly spelt and I was wondering what he should do. FYI he was doing 81mph on the motorway.
Any help would be greatly appreciated. Thank you
Aretnap
If the DVLA records at the time of the offence showed the garage as keeper then there is indeed no late NIP defence. It may not be his fault that the NIP was late, but it wasn't the police's fault either, and that's what matters. What is the date after the Doc Ref on his vehicle logbook? This will show when the DVLA records were updated.

A late NIP would in any case not invalidate the requirement to name himself as driver - the s172 request is legally seperate from the NIP, even though they're combined into one sheet of paper. He must name himself within 28 days whatever happens or potentially face a s172 charge, which would attract a higher penalty than the speeding offence.

The error on the address is of no consequence - probably the garage wrote it down incorrectly when they replied to the original NIP, and obviously your son received it OK - nor is the fact that he's changed the registration number since the offence.
Logician
Provided the NIP went to the currently registered keeper and was received within 14 days, then the obligation is complied with. The garage is unlikely to have registered the car to themselves, so in all liklihood the previous owner would have received the first NIP, and should have done. Regardless of that issue, if he has now received a form requiring him to name the driver he should do so promptly. Failing to notify the driver is a serious offence carrying 6 points and a heavy fine, he should not risk that. The spelling mistake in the address is neither here not there since he clearly received the notice. The photo would clearly show the old plate if it was taken before the plate was changed, the important issue is whether he was driving that vehicle at that time. For 81 in a 70 he might well receive the offer of a speed awareness course if that area offer them for motorway offences and he is eligible.
Gan
If a NIP was served within 14 days to the registered keeper according to DVLA, it was in time.

What's the date on your V5 ?

Your son has to return his own S172 within the 28 days naming himself. Get a receipt of posting and keep a copy.

At that speed he should get an offer of a course or at worst £60 / 3 points.



richkav
QUOTE (richkav @ Mon, 22 Aug 2011 - 12:02) *
Hello all. I just joined today when I was looking for advice over a problem my son has.
He received an NIP in the post which was dated 6 weeks after the date of alleged offence. I immediately thought that is ok its out of time. However he had bought a new car and the Safety Camera Partnership claim they sent the NIP to the garage he bought it from. We wrote to them and said that we believed that the garage should have notified the DVLA of the change of ownership and that it is not our fault the NIP is out of time. They claim that they did issue an NIP in 10 days and to comply with the law it is not their fault it went to the wrong person and expect him to send his details in.
Combine this with the fact that the car reg has been changed as he has a private plate and the photo shows the old plate and also that the address is wrongly spelt and I was wondering what he should do. FYI he was doing 81mph on the motorway.
Any help would be greatly appreciated. Thank you



Well that seems pretty clear. Thank you everyone for taking the time to reply.
Looks like he is stuffed.!!!!!
Thanks again
Logician
Yes, that is the technical judicial term!
picko
Stuffed as in he is likely, area and their rules dependent, to be offered a SAC
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