Derbyshire CREST "would appreciate my help"
Discussion
Just received a notice of intended prosecution for a road I use and a car I once owned very recently. After the initial, 'bugger', I read the accompanying letter that asked if I would let them know who the new owner was, I was the last recorded keeper and they don't know where the car has gone.
I assume by the request I have no legal requirement to share the knowledge?
I assume by the request I have no legal requirement to share the knowledge?
softtop said:
I assume by the request I have no legal requirement to share the knowledge?
If the request is pursuant to s.172 RTA 1988 then you are obliged to provide any information which is in your power to give and which may lead to identification of the driver.Failure to comply with a lawful s.172 request carries 6 points upon conviction, a hefty fine and likely higher insurance premiums for the next few years.
SS2. said:
If the request is pursuant to s.172 RTA 1988 then you are obliged to provide any information which is in your power to give and which may lead to identification of the driver.
Failure to comply with a lawful s.172 request carries 6 points upon conviction, a hefty fine and likely higher insurance premiums for the next few years.
Why would he get points on his licence for not complying with an information request? It is not a driving offence!Failure to comply with a lawful s.172 request carries 6 points upon conviction, a hefty fine and likely higher insurance premiums for the next few years.
Just curious...
Jim1556 said:
SS2. said:
If the request is pursuant to s.172 RTA 1988 then you are obliged to provide any information which is in your power to give and which may lead to identification of the driver.
Failure to comply with a lawful s.172 request carries 6 points upon conviction, a hefty fine and likely higher insurance premiums for the next few years.
Why would he get points on his licence for not complying with an information request? It is not a driving offence!Failure to comply with a lawful s.172 request carries 6 points upon conviction, a hefty fine and likely higher insurance premiums for the next few years.
Just curious...
Jim1556 said:
SS2. said:
If the request is pursuant to s.172 RTA 1988 then you are obliged to provide any information which is in your power to give and which may lead to identification of the driver.
Failure to comply with a lawful s.172 request carries 6 points upon conviction, a hefty fine and likely higher insurance premiums for the next few years.
Why would he get points on his licence for not complying with an information request? It is not a driving offence!Failure to comply with a lawful s.172 request carries 6 points upon conviction, a hefty fine and likely higher insurance premiums for the next few years.
Just curious...
Slightly confused why a NIP was sent to the OP, but also a letter asking who he sold the car to? If they know that he's sold the car, ergo they must know who he sold it to? And why send the NIP to him? What's that got to do with the OP?
Jim1556 said:
Why would he get points on his licence for not complying with an information request?
S.172 Road Traffic Offence 1988SV8Predator said:
SS2 is presuming that the OP still owns the car and was perhaps the driver at the time of the offence.
Not so.Road Traffic Act 1988 said:
172 Duty to give information as to identity of driver etc in certain circumstances.
(1)This section applies—
(a) to any offence under the preceding provisions of this Act except—
<..snip..>
(2)Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.
(3)Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.
(1)This section applies—
(a) to any offence under the preceding provisions of this Act except—
<..snip..>
(2)Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.
(3)Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.
I had this a few years back. Sold a car on eBay and when the buyers turned up they told me they were traders, they paid in cash, we sorted out the V5 which I sent off to DVLA and they buggered off with the car. I got the confirmation that I was no longer the registered keeper from DVLA a few weeks after sending them the V5.
Eighteen months later I got a S172 through the post. I just returned it with a covering letter explaining that I had sold the and didn't have the buyer's details to forward on to them. That was the end of it.
Eighteen months later I got a S172 through the post. I just returned it with a covering letter explaining that I had sold the and didn't have the buyer's details to forward on to them. That was the end of it.
charltjr said:
I had this a few years back. Sold a car on eBay and when the buyers turned up they told me they were traders, they paid in cash, we sorted out the V5 which I sent off to DVLA and they buggered off with the car. I got the confirmation that I was no longer the registered keeper from DVLA a few weeks after sending them the V5.
Eighteen months later I got a S172 through the post. I just returned it with a covering letter explaining that I had sold the and didn't have the buyer's details to forward on to them. That was the end of it.
This has happened twice to me. I now keep all records and send the notification via recorded delivery.Eighteen months later I got a S172 through the post. I just returned it with a covering letter explaining that I had sold the and didn't have the buyer's details to forward on to them. That was the end of it.
Just before I moved house I got an NIP for a car I had sold nearly 12 years before, that's pre-SORN. It was a kit car. I sent back name, address of the new owner, date of transfer, date of posting and a copy of the recorded delivery note. I then got a visit from the local police. We were packing at the time.
According to the records of the DVLA, they had not received my notification. I was going to be reported for failing to notify, this 12 years after I'd sold the car. It seems the offence had just come to light.
I told the woman that I had a file on my computer, now packed, that listed all my cars in a database with all dates and scanned images of recorded delivery notes. I said I would fight any charge but that if she checked with the DVLA they might be able to send her copies.
The DVLA are inept at everything but charging you.
charltjr said:
I just returned it with a covering letter explaining that I had sold the and didn't have the buyer's details to forward on to them. That was the end of it.
Quite right too.As a person other than keeper, your obligations would have been far less onerous than those of the keeper. As 'any other person', all you needed to do to comply with the s.172 request was to advise them of any information which was in your power to give and which may have helped to identify the driver - if that was very sketchy and vague, then so be it.
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