Speeding - Advice needed
Discussion
Sorry for the essay....
A friend of mine recently (a few weeks back) purchased a new vehicle and subsequently was caught speeding the following day (more to come on how we are aware of this shortly).
At the time the owner didn't have the logbook, he had owned the vehicle for a short period of time (approx 2/3 months - obviously bought it to make a few quid on it) and had issues acquiring it so he (the previous owner) had applied for the log book in his name and it was due to be returned shortly (letter from DVLA confirming this). Upon its arrival the previous has then completed the log book and returned it to the DVLA to advise that my friend is now the present owner/keeper. In the interim the NIP for the speeding had been sent to the owner prior to the previous owner (this information came to light after my friend contacted the previous, previous owner through a forum to gather further information regarding aforementioned vehicle). Not aware that the previous owner had sold the car recently, he had advised that that the previous owner was the driver to the issuing police force (when in fact it would have been my friend) - still following?...
So this is where the advice is required. Will it be as simple as the previous owner advising it wasn't him driving at the time and then a new NIP is issued to my friend? Will the previous owner have to go to court/represent himself via a letter to state that it wasn't him driving? What is the likely outcome for my friend?
I may add as a side note that the speed is likely to have been in excess of a fixed penalty notice, something he acknowledges is wrong and the thought of issues with his license has certainly rehabilitated his driving so please refrain from a witch hunt. Just honest advice please.
A friend of mine recently (a few weeks back) purchased a new vehicle and subsequently was caught speeding the following day (more to come on how we are aware of this shortly).
At the time the owner didn't have the logbook, he had owned the vehicle for a short period of time (approx 2/3 months - obviously bought it to make a few quid on it) and had issues acquiring it so he (the previous owner) had applied for the log book in his name and it was due to be returned shortly (letter from DVLA confirming this). Upon its arrival the previous has then completed the log book and returned it to the DVLA to advise that my friend is now the present owner/keeper. In the interim the NIP for the speeding had been sent to the owner prior to the previous owner (this information came to light after my friend contacted the previous, previous owner through a forum to gather further information regarding aforementioned vehicle). Not aware that the previous owner had sold the car recently, he had advised that that the previous owner was the driver to the issuing police force (when in fact it would have been my friend) - still following?...
So this is where the advice is required. Will it be as simple as the previous owner advising it wasn't him driving at the time and then a new NIP is issued to my friend? Will the previous owner have to go to court/represent himself via a letter to state that it wasn't him driving? What is the likely outcome for my friend?
I may add as a side note that the speed is likely to have been in excess of a fixed penalty notice, something he acknowledges is wrong and the thought of issues with his license has certainly rehabilitated his driving so please refrain from a witch hunt. Just honest advice please.
If you all know each other then its best not to fill in any paper work until near the end of the 28 days each time, then make sure it gets there.
The first person has 28 days, same for the second and you. You can practically wipe 3 months off the time before you admit its you speeding. Then you have another 28 days if you get offered a COFP, if the police aren't on the ball it could potentially time out.
The first person has 28 days, same for the second and you. You can practically wipe 3 months off the time before you admit its you speeding. Then you have another 28 days if you get offered a COFP, if the police aren't on the ball it could potentially time out.
This thread runs the risk of turning into Chinese whispers, not being sure who said what to who. Usually reply to a S.172 request by the original owner in this situation would be don't know, I sold it to X, rather than X was driving. X can then expect a visit from local constabulary to confirm if he does indeed own the car, and if so who was driving. X then says I sold it to Y (your friend) and he too then gets a visit to confirm if he owns it and who was driving.
I would think police will only start proceedings once they are sure who owns the car, and who the owner then says was driving. If they cannot find these out, they'd probably stop looking at a speeding charge and focus and a failure to notify DVLA, and failing to give details of the driver under 172, as it carries 6 points compared to 3 for speeding.
I would think police will only start proceedings once they are sure who owns the car, and who the owner then says was driving. If they cannot find these out, they'd probably stop looking at a speeding charge and focus and a failure to notify DVLA, and failing to give details of the driver under 172, as it carries 6 points compared to 3 for speeding.
You can only nominate who you think was driving not who was driving, more than likely a S172 will get sent to the first person who will then fill in who bought the car. I would have thought another S172 will then get sent to the person named on the form who should do the same.
The scamera partnerships liken to keep things nice and simple so if they can get an easy £100 just for sending a form out they will.
The scamera partnerships liken to keep things nice and simple so if they can get an easy £100 just for sending a form out they will.
Tubes89 said:
Will it be as simple as
So, lemme get this straight...Friend A buys car from B on Day 1.
B bought the car from C somewhere around Day -90, and V5C in B's name hasn't arrived from Swansea by Day 1.
On Day 2, A gets photographed.
NIP arrives with C.
Right?
OK, all bog standard, then.
C returns NIP saying "But I sold it to B on Day -90".
B gets NIP. B returns NIP saying "But I sold it to A on Day 1"
A gets NIP. A returns NIP saying "Umm, yep, t'was me. Sorry... Here's my licence."
A then gets FP, SAC invite or court date, depending on state of licence and severity.
If A hasn't had a V5C in his own name by about Day 30, he ought to be chasing Swansea, because it's entirely possible either C or B cocked it all up.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff