Speeding but not the registered keeper

[jasont23]

Hello !

New to pistonheads but hope you could help.

6 weeks ago I think I was caught speeding but i've never received a notice. I checked my papers and last weekend I realised that I am not the current registered keeper and the dealer (who is nationwide) never sent off the V5. I have had the car for 2 years now with only a V5/2 and have never had an issue with tax ect as i'm on Direct debits from when I first bought the car and have always had the previous MOT certificates.

I spoke to the dealer who said that they completed their duty and sent the the V5 to the DVLA. I called the DVLA and somewhere there was a mix up (most likely the dealer).

I am now being ghosted by the dealer and am going to have to send apply for a new V5.

1. In the meantime do I need to know whether I need to actively see if i've been done for speeding ?
2. Am I breaking the law ?
3. Car is currently legal as i've got insurance, tax and mot

I'm also now worried that if i've not been receiving correspondence what else have I missed !.

Thanks in advance,

[Countdown]

Apologies if I'm missing something obvious but, if YOU weren't the RK, who was?

Surely it's either going to be the Dealer or You?

[jasont23]

Well at present it's the dealer as they never sent the V5.

I currently own the V5/2

[rallycross]

Apply for a new log book with date of ownership change 31-1-19.

[jasont23]

Legend,

didn't think of that. I suppose it's a risk but worth it ?!?

[coldel]

Just my opinion...

-If the dealer is still the registered keeper, then they should have received the speeding ticket, if one was issued they should inform you
-If you do not receive a new V5 after buying the car the onus appears (according to the Gov website) to be on you to follow up, it says you should receive the new V5 within 5 days, waiting years before following it up is not going to look good in the eyes of the law or the DVLA if you have got a ticket (to be frank astonished you didnt follow it up anyway it more than just a document for taxing the car)
-If there is a speeding ticket present, it is against the driver, not the car, the dealer will easily be able to show they do not have the car, it will be up to you to show either you didn't have the car, or that you were not the driver - both it sounds like would be falsifying information

Whatever you think the dealer did is not going to work here, get the V5, find out if you got done, swallow it and move on.

[Greg the Fish]

My advice. Be careful.

https://www.bbc.co.uk/news/uk-england-cambridgeshi...

Own up to it and explain the circumstances.

[Getragdogleg]

Were you caught by a real person who handed you a bit of paper or a camera that flashed as you went by and may or may not have actually sent anything ?

[jasont23]

No, it was a mobile van in a layby.

[jasont23]

Thanks, everyone so far though really useful

[jasont23]

Just for the record.

I'm not trying to get out of paying a speeding fine, I just wanted to know.

1. if i'm currently at fault --- in which I have been that that I am for not checking earlier that I was the registered keeper of the car and checking up if the dealer fulfilled his duties as the seller.

2. Do I just wait for the dealer to update send the V5 to the DVLA. --- I understand that i'll apply for a new V5

3. Do I call the police in the meantime and ask if I have a ticket because I'm not actually 100% sure if I have. --- Still not sure on this so thoughts welcome.

thanks all

[NickCQ]

The dealer (as current RK) should have received the NIP. If they haven’t, maybe you didn’t get caught. Those mobile vans don’t flash so what makes you so sure you got done?

[jasont23]

Because:

1. it was a 40
2. I thought it was a 50
3. I was doing around 55

[Wooda80]

Most cars on dealer's forecourts are not registered to the dealer. They are "in trade" which is a sort of keeperless limbo land triggered by sending off the yellow bit of the V5.

I'm not certain, but I doubt that DVLA have a record of the dealer who first put the car "in trade". Certainly there is no mechanism to update who is responsible for the car as it moves around within the trade.

Example:
Customer trades in his car to a garage who correctly fill out the "in-trade" section
Garage then sends the car to auction - DVLA are not notified ( there is no process and no requirement )
I buy the car at auction as a dealer - again DVLA don't know this
I have the car on my forecourt for a month, get bored with it and trade it to another dealer - again DVLA dont know this
That dealer then sells it to a customer, something goes wrong with the notification of the new keeper and the new owner never receives a log book. If that new owner gets flashed by a speed camera the only possible people for whom the DVLA can supply details are the original owner and possibly the first dealer where he traded it in.

You may well have unwittingly committed an offence by failing to ensure that you are the registered keeper of your new car, but there is nothing that you can do to undo that.

If you think that there may be a speeding ticket issued to your vehicle then it might be convenient to fail to discover your lack of registration document for a few months longer

Edited by Wooda80 on Thursday 31st January 14:37

[Countdown]

@WoodA80

To my sneaky way of thinking that would suggest that using a car "in trade" would enable me to avoid lots of legal issues (speeding fines being one of them, lack of insurance being another).

Surely it can't be that simple?

[Wooda80]

Yes, indeed you can.

As an individual it may cause you problems if you get stopped by a police, rather than a camera, and it may cause you issues if you make an insurance claim and turn out not to be the registered keeper.

As a dealer I've put cars into temporary use by taxing them on the green slip but not notifying a keeper change, our trade insurance would still cover it. We'd never be able to recover the residual tax of course and it's a bonus for the next rk.

It's definitely a loophole that they need to close.

[ElectricPics]

Countdown said:

@WoodA80

To my sneaky way of thinking that would suggest that using a car "in trade" would enable me to avoid lots of legal issues (speeding fines being one of them, lack of insurance being another).

Surely it can't be that simple?

Pretty much how cars end up as unregistered 'pool cars' for criminal gangs.

[Countdown]

ElectricPics said:

Countdown said:

@WoodA80

To my sneaky way of thinking that would suggest that using a car "in trade" would enable me to avoid lots of legal issues (speeding fines being one of them, lack of insurance being another).

Surely it can't be that simple?

Pretty much how cars end up as unregistered 'pool cars' for criminal gangs.

I did wonder.

A mate of mine was involved in an accident a few days ago and the driver did a runner. The car was on trade plates and was apparently "stolen" but the trader didn't notify the Police until they phoned him. Fortunately the Police caught him and (I assume) my mate's costs will be recoverable but I did wonder why the trader was "unaware" that one of his cars had been stolen.

[mr rusty]

The dealer knows who you are. If you got caught, they have no benefit in not filling your name in as probable driver and sending back, so you get NIP in your name. If they don't reply they get done for a different offence. Just sit tight. If a NIP doesn't turn up, you prob weren't caught. I've thought I was caught several times, but nothing turned up.

Separately just get the reg keeper updated to you from today. (The reg keeper is not necessarily the owner - think leasing company)

[Fermit and Sexy Sarah]

jasont23 said:

No, it was a mobile van in a layby.

I believe any notice of intended prosecution has to be sent out within 14 days? If this was 6 weeks ago you should be safe. If the dealer got it I'm sure they'd be quick enough to offload it to you.