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Slightly odd speeding query

Discussion in 'Motors' started by paradigm, 3 Jun 2006.

  1. paradigm

    Caporegime

    Joined: 26 Aug 2003

    Posts: 36,331

    Location: Staffordshire

    My father has just recieved a NIP, detailing 72MPH in a 60 zone, on the A5 near Crick, on the 7th May 2005, but MY numberplate.

    Those of you who recognise that date (and the location) will realise that this was the time I was driving home from silverstone after the SuperGT camping meet. And here-in lie my querys:

    1) The car has never and will never be registered in my father's name, so how did they get this information?

    2) The V5 is in my name, however, the car was only bought a few weeks prior to the alleged incident, and as such it is possible the DVLA database showed the old owner as the registered keeper at the point of sending out the NIP.

    3) The NIP is well beyond the 14 day rule, even allowing for postage. However the law states that in the cases of "company car drivers", "hired/borrowed cars", or "someone else's car", they have more time to find the owner. I fall into none of those categories, however this is going to be pretty borderline is it not?

    4) Who has to and what has to be done with the NIP addressed to my father? Does he have to give my name, or is this a case of he sends the form back stating it was not himself?

    I will ask the same questions on pepipoo, however their forums are always slow for responses.

    What do you think guys?
     
  2. DannyDan

    Mobster

    Joined: 6 Jun 2005

    Posts: 2,669

    Location: Wirral, UK

    Is it possible that the old Registered Keeper was sent the NIP and they gave your dad's name as the new keeper (for whatever reason)?
     
  3. atpbx

    Capodecina

    Joined: 21 Oct 2002

    Posts: 21,452

    Send it back with a letter from your father that he has never owned, borrowed or driven a car of that registration.
     
  4. F355

    Mobster

    Joined: 21 Mar 2003

    Posts: 2,717

    Location: Hampshire

    Technical errors like that will most likely cause it to be thrown out.

    I would go with that option :)
     
  5. Nazbit

    Mobster

    Joined: 11 Dec 2004

    Posts: 3,864

    Id return it and ask for proof that he was driving the car, and explain that he has never driven the vehicle and that the vehicle was nowhere near that location at that time.
     
  6. cleanbluesky

    Capodecina

    Joined: 2 Nov 2004

    Posts: 24,654

    We have a winner. Isn't there also a clause that says a person must make 'reasonable' attempts to discover who the driver of said vehicle was...
     
  7. MagicBoy

    Capodecina

    Joined: 18 Oct 2002

    Posts: 16,703

    Location: South Manchester

    As said above, just make sure your Dad is truthful at all times. It's what he doesn't tell them that's important!
     
  8. M0T

    Mobster

    Joined: 23 Aug 2003

    Posts: 4,583

    Location: House

    But surely that only applies if the vehicle belongs to them and they can't work out who was driving? Its not the job of an innocent man to fix the DVLA's mistake, not his car and doesn't drive it so just send a letter back saying that.
     
  9. blueboy2001

    Mobster

    Joined: 18 Oct 2002

    Posts: 4,881

    There is - but that clause relates to the registered keeper.
     
  10. cleanbluesky

    Capodecina

    Joined: 2 Nov 2004

    Posts: 24,654

    Of course not, unless of course he could OBVIOUSLY fix the mistake...

    http://pepipoo.com/Section_172.htm found this, it may complicate the matter but it may only work on the assumption that you are the correctly registered owner of the car.

    I would say that your dad should explain to the police that he isn't the owner of the vehicle in writing, although I wonder if the police will then cancel the ticket.

    Either way, its the DVLAs mistake and you WILL have to inform them of your actual identity before you buy your tax and insurance. Therefore, the best bet is to try and get the ticket cancell, then correct the DVLA records...

    Oh, and buy a SatNav
     
  11. paradigm

    Caporegime

    Joined: 26 Aug 2003

    Posts: 36,331

    Location: Staffordshire

    I have the V5 infront of me, the car is most definately in my name and no-one elses. I assume the way the police got the information was sending a NIP to the old owner, who must have contacted the garage where I bought the car, who in turn must have given out the name of the person who wrote the deposit cheque (being my father).
     
  12. cleanbluesky

    Capodecina

    Joined: 2 Nov 2004

    Posts: 24,654

    Then get it cancelled as the information is grossly innacurrate, the law only allows for typos I believe - not wrong information...
     
  13. paradigm

    Caporegime

    Joined: 26 Aug 2003

    Posts: 36,331

    Location: Staffordshire

    Get what cancelled? The V5 is correct!
     
  14. [TW]Fox

    Man of Honour

    Joined: 17 Oct 2002

    Posts: 156,460

    This is almost 100% exactly what happened. This is why it's your Dads name with your plate - previous keeper has received a NIP, noted down the guy he sold it to, and posted it off.

    Who actually handed over the cash for the car? Was your Dad involved in the transaction at any stage whatsoever or did he simply stand at the back watching you do the deal?

    Seek advice - there might be a way you can get off because of this but if it means that the previous owner will get a whole world of hassle as a result do you really think its ethical to try it? You know it was you really..

    Only play the system if innocent third parties won't get a world of flak from it.
     
  15. rG-tom

    Sgarrista

    Joined: 27 Nov 2004

    Posts: 9,632

    Location: London

    the ticket you pleb :p even if it came back to you, the info is so wrong and wrongly aquired that it's complete balls :)

    Tom.
     
  16. [TW]Fox

    Man of Honour

    Joined: 17 Oct 2002

    Posts: 156,460

    Yea but what bothers me here is that the registered keeper at the time is the one who is 'liable' which really is grossly unfair..
     
  17. rG-tom

    Sgarrista

    Joined: 27 Nov 2004

    Posts: 9,632

    Location: London

    no, it's the polices fault for going the complete wrong way about finding the information to be fair.

    Tom.
     
  18. [TW]Fox

    Man of Honour

    Joined: 17 Oct 2002

    Posts: 156,460

    Errr, no, it's standard procedure - NIP's are sent to the registered keeper at the time of the offence, if the registered keeper was not the driver he must inform, via the enclosed form, who he believes was. Then a new NIP is sent to that person.

    So if that person then says 'no, never heard of this car sorry' the flak then goes back to the poor guy who sold Paradigm his car! Why should he have that?
     
  19. Hunger Strike

    Associate

    Joined: 16 Dec 2005

    Posts: 67

    Do you and your dad have the same name?
     
  20. Goliath

    Wise Guy

    Joined: 20 Aug 2003

    Posts: 2,139

    Location: The Republic

    Christ El you must have been slacking, i got 81 in a 60 :p - It was just before the ford Ka that had reversed up the bank, i remember going past the van (was on the other side of the road) thinking "that looks suspiciously like a scamera van". 3 points and £60 lighter for it :(

    Be very careful telling your dad to write back saying "nope, never owned it etc". The fact that he does actually know who does own it (it's kept at the same address) means he's straying into obstructing the course of justice territory if he doesn't mention that fact. Think you may have to take the hit.