Section 172, even I was not the registere keeper at the time

Section 172, even I was not the registere keeper at the time

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Tykey

Original Poster:

79 posts

201 months

Friday 2nd October 2009
quotequote all
Hi

Come home from work today to find a Section 172 charge in my mailbox. It relates to the previous owner of my car doing 38 in a 30 according to the summons.

How the hell does that work? I do recall receiving a letter about 6 weeks ago asking for information relating to who was driving it... when i didnt fking own the car! I binned it, of course!

Do they expect to do a magnum PI, track down and beat the previous owner into a confession?


esselte

14,626 posts

281 months

Friday 2nd October 2009
quotequote all
Tykey said:
How the hell does that work? I do recall receiving a letter about 6 weeks ago asking for information relating to who was driving it... when i didnt fking own the car! I binned it, of course!
Oooops...should have let them know about the change of ownership,I think.

saaby93

32,038 posts

192 months

Friday 2nd October 2009
quotequote all
I thought they only approached keepers rather than owners?

esselte

14,626 posts

281 months

Friday 2nd October 2009
quotequote all
saaby93 said:
I thought they only approached keepers rather than owners?
I suspect that what the OP means..

Tykey

Original Poster:

79 posts

201 months

Friday 2nd October 2009
quotequote all
esselte said:
Tykey said:
How the hell does that work? I do recall receiving a letter about 6 weeks ago asking for information relating to who was driving it... when i didnt fking own the car! I binned it, of course!
Oooops...should have let them know about the change of ownership,I think.
I fecking did! The car is in my name and address but i was not the keeper at the time of the offence! fking wkers!

Been reading up... apparently they can summons anyone who is the registered keeper OR they think may be able to give the driver at the time:

"Section 172 Road Traffic Act 1988 puts an obligation on the registered keeper (or anybody else who can provide the information) to supply the identity of... "

... so watch this space boys n girls! you are supposed to have knowledge of who what where was driving your vehicle BEFORE you owned it! Be careful of who you buy from LOL

Big brother state here we come! I am looking forward to contesting this in court... yes really biggrin.

Edited by Tykey on Friday 2nd October 16:58

Kevin VRs

13,055 posts

294 months

Friday 2nd October 2009
quotequote all
Tykey,

You were sent the S172 because you are the current registered keeper, that is standard procedure. Your response should have been to return it saying you only bought the car on XXX date therefore cannot know who was driving it before that date. This would have gone away, now you have been summonsed for not doing that, thus breaking the law.

Tykey

Original Poster:

79 posts

201 months

Friday 2nd October 2009
quotequote all
Kevin VRs said:
Tykey,

You were sent the S172 because you are the current registered keeper, that is standard procedure. Your response should have been to return it saying you only bought the car on XXX date therefore cannot know who was driving it before that date. This would have gone away, now you have been summonsed for not doing that, thus breaking the law.
Fair point. But the letter i got asking for the drivers identity was idiotic. How am I supposed to know who was driving my car before I owned it confused?

I did not know such a ridiculous, draconian law existed.

oldsoak

5,618 posts

216 months

Friday 2nd October 2009
quotequote all
Tykey said:
Kevin VRs said:
Tykey,

You were sent the S172 because you are the current registered keeper, that is standard procedure. Your response should have been to return it saying you only bought the car on XXX date therefore cannot know who was driving it before that date. This would have gone away, now you have been summonsed for not doing that, thus breaking the law.
Fair point. But the letter i got asking for the drivers identity was idiotic. How am I supposed to know who was driving my car before I owned it confused?

I did not know such a ridiculous, draconian law existed.
Ridiculous or draconian as it may be, you still didn't comply with it thus committing an offence. A simple "I wasn't the keeper at time of alleged offence" scrawled on the form and you sending it back, would have made it all go away without all this fuss.
But now you know the law exists you'll be the wiser if it ever happens again.
Tough luck, but you simply cannot go around ignoring official requests for information without one day it coming back to bite yo'ass.

saaby93

32,038 posts

192 months

Friday 2nd October 2009
quotequote all
Still think its a bit much to expect you to know who the previous keeper had driving the car.

They must know the date the car changed keepers, if the date of offence was during the time kept by previous keeper they should have written to the previous keeper.

In my book anyway

What was I saying yesterday about the law being reasonable and what a reasonable person would expect.

Or is there a book of how to deal without this? Tell me its in the new highway code?



HereBeMonsters

14,180 posts

196 months

Friday 2nd October 2009
quotequote all
Tykey said:
Kevin VRs said:
Tykey,

You were sent the S172 because you are the current registered keeper, that is standard procedure. Your response should have been to return it saying you only bought the car on XXX date therefore cannot know who was driving it before that date. This would have gone away, now you have been summonsed for not doing that, thus breaking the law.
Fair point. But the letter i got asking for the drivers identity was idiotic. How am I supposed to know who was driving my car before I owned it confused?

I did not know such a ridiculous, draconian law existed.
It's ridiculous that you binned the NIP. Idiot!

oldsoak

5,618 posts

216 months

Friday 2nd October 2009
quotequote all
saaby93 said:
Still think its a bit much to expect you to know who the previous keeper had driving the car.

They must know the date the car changed keepers, if the date of offence was during the time kept by previous keeper they should have written to the previous keeper.

In my book anyway

What was I saying yesterday about the law being reasonable and what a reasonable person would expect.

Or is there a book of how to deal without this? Tell me its in the new highway code?
That's just it...THEY DON'T all they want is for you to tell them who the driver was at a particular time/date and place...Obviously the OP cannot do that...so all they will expect in those circumstances is for him to tell them that so they can waste no more time in discovering who WAS the driver and look deeper.
The OP didn't bother to respond at all..that is the offence he has committed failing to comply with the S 172 notice. He's not being done for not knowing who the driver was. smile

saaby93

32,038 posts

192 months

Friday 2nd October 2009
quotequote all
Why didnt they check the dates and write to the relevant previous keeper? Its just laziness

oldsoak

5,618 posts

216 months

Friday 2nd October 2009
quotequote all
saaby93 said:
Why didnt they check the dates and write to the relevant previous keeper? Its just laziness
Not at all lazy, they request details of the Reg Keeper from the DVLA...the DVLA respond with the details of the latest keeper they have on record. You then get the S172 to either confirm you were the driver or tell them who was if you possibly can. Only when it is confirmed by the latest keeper recorded that he wasn't the owner at the date of the offence and so couldn't possibly know who the driver was can they delve deeper.

saaby93

32,038 posts

192 months

Friday 2nd October 2009
quotequote all
Well why dont they ask for the details of the registered keeper on so and so date biggrin

Whats the point of having the biggest computer in the country if it cant even be asked the right question

It knows the answer it just needs to be asked!

oldsoak

5,618 posts

216 months

Friday 2nd October 2009
quotequote all
saaby93 said:
Well why dont they ask for the details of the registered keeper on so and so date biggrin

Whats the point of having the biggest computer in the country if it cant even be asked the right question

It knows the answer it just needs to be asked!
But no-one knows that until the latest keeper tells them they need to look deeper do they?
As with anything you have to start at the beginning and the beginning in this case is the registered keeper...not the previous registered keeper or his mate or his mates Mum...but the person who is on record of being in charge of the vehicle NOW.
TBH I'm surprised the DVLA got the details updated so quickly as to cause this problem. I've known S172's being sent to the old keeper when it is in fact the new keeper who is alleged to have committed an offence, never this way around...

Edit for spooling ewwors

Edited by oldsoak on Friday 2nd October 18:38

saaby93

32,038 posts

192 months

Friday 2nd October 2009
quotequote all
oldsoak said:
But no-one knows that until the latest keeper tells them they need to look deeper do they?
if they know it was a 38 in a 30 they must know the date surely?
Plug it into computer - bingo correct answer - tickets issued

fluffnik

20,156 posts

241 months

Friday 2nd October 2009
quotequote all
Tykey said:
I did not know such a ridiculous, draconian law existed.
There is much fascist twuntery out there.

Be angry, work to destroy your oppressors.

oldsoak

5,618 posts

216 months

Friday 2nd October 2009
quotequote all
saaby93 said:
oldsoak said:
But no-one knows that until the latest keeper tells them they need to look deeper do they?
if they know it was a 38 in a 30 they must know the date surely?
Plug it into computer - bingo correct answer - tickets issued
Who do they send the ticket to?

oldsoak

5,618 posts

216 months

Friday 2nd October 2009
quotequote all
fluffnik said:
Tykey said:
I did not know such a ridiculous, draconian law existed.
There is much fascist twuntery out there.

Be angry, work to destroy your oppressors.
Evenin' fluff...how's your insomnia?
smile

fluffnik

20,156 posts

241 months

Friday 2nd October 2009
quotequote all
oldsoak said:
Tough luck, but you simply cannot go around ignoring official requests for information without one day it coming back to bite yo'ass.
Time for (very many fewer) new officials I think... smile