Intent To Prosecute
Discussion
Got a lovely letter today, 36 in a 30 on the 14th of Feb. The car in question was one I owned for a day, 4th to the 5th. Sold it on the 5th to some rat for £250, I get a message the next day complaining about a missing wheel trim. I have proof of him looking for parts on the 8th too. The registered owner changed on the 5th (sent off at the post office) it was never in my name or the guy before me. I've not got his number or his address, I do have his name. I've provided his name, screenshots of the proof of him talking about it being his car with the proof of date, and the proof of him asking for parts. The car wasn't mine, I was cleaning my Mondeo at the time he flashed the camera and I have people willing to testify that, so how likely is it that this dirty rat is gonna get away with pinning it on me? I've never been caught speeding, got no points, never been pulled or anything. Surely they can go to the DVLA and ask who owned it at the time? I checked on Cazana and he did send it off for the 5th.
Edited by topsey.mod on Saturday 23 February 09:32
Nasty choice. Cop for 3 points or testify you were cleaning a Mondeo!
As stated. Explain the facts - the car was sold on 5th, you are not the keeper at the time. The ticket office should rechecked the keeper with DVLA and resend the paperwork to the new keeper who now don’t have the 14 day rule to hide behind. If the new keeper has not registered then you may need to show proof of sale / transfer which you can.
As stated. Explain the facts - the car was sold on 5th, you are not the keeper at the time. The ticket office should rechecked the keeper with DVLA and resend the paperwork to the new keeper who now don’t have the 14 day rule to hide behind. If the new keeper has not registered then you may need to show proof of sale / transfer which you can.
How did they know who to contact if it has never been registered in your name? Has the scrote pointed the finger at you?
Comply with the s172 notice (as it's an offence not to). Tick each box which best fits the situation and then write a cover letter describing the timeline.
It's not your job to guess who might have been driving a car you no longer own, in fact guessing is the worst thing you can do, so don't put the new keepers name down in part 2 of the s172, as you don't know who was driving.
My guess is you'll hear nothing back.
(btw I'm not a lawyer, I'm just applying common sense
)
Comply with the s172 notice (as it's an offence not to). Tick each box which best fits the situation and then write a cover letter describing the timeline.
It's not your job to guess who might have been driving a car you no longer own, in fact guessing is the worst thing you can do, so don't put the new keepers name down in part 2 of the s172, as you don't know who was driving.
My guess is you'll hear nothing back.
(btw I'm not a lawyer, I'm just applying common sense
)garyhun said:
PhilboSE said:
If the car was never registered in your name then how have DVLA sent the NIP to you? Sounds like it was sent to the latest owner who has declared it was you. Just respond with the facts.
Exactly this.RTB said:
How did they know who to contact if it has never been registered in your name? Has the scrote pointed the finger at you?
Comply with the s172 notice (as it's an offence not to). Tick each box which best fits the situation and then write a cover letter describing the timeline.
It's not your job to guess who might have been driving a car you no longer own, in fact guessing is the worst thing you can do, so don't put the new keepers name down in part 2 of the s172, as you don't know who was driving.
My guess is you'll hear nothing back.
(btw I'm not a lawyer, I'm just applying common sense )
I've written a timeline as you said, however I thought it might be a good idea to put his name as that's really the only way I can provide the screenshots of him admitting it's his car. Comply with the s172 notice (as it's an offence not to). Tick each box which best fits the situation and then write a cover letter describing the timeline.
It's not your job to guess who might have been driving a car you no longer own, in fact guessing is the worst thing you can do, so don't put the new keepers name down in part 2 of the s172, as you don't know who was driving.
My guess is you'll hear nothing back.
(btw I'm not a lawyer, I'm just applying common sense
)The Mad Monk said:
TL:DR
You did complete all the bits of the V5 and send them to the appropriate authority/person, promptly and properly?
I bought it and got given the full V5, I knew I'd be shifting the car the next day so I told him to send it off at the post office, I checked Cazana and I've seen that the registered owner changed on the 5th which is when I sold it to him. I had my friend sell it for me on FB whilst I was banned for a week for a meme, so as far as I know, he doesn't actually know my name as he just turned up and took the car within 2 mins. The woman on the phone said that for the letter to be sent to me, someone had to say it was me and send the letter out stating as much (I assume him). You did complete all the bits of the V5 and send them to the appropriate authority/person, promptly and properly?
I'd happily mention the new keepers name in the cover letter and identify him as the new keeper (I can't remember if the s172 has a section for naming the new keeper). What I'd avoid doing is naming him as the driver. It would be a complete guess on your part.
As mentioned, stick to the facts, which in this case are that you haven't got the faintest idea who was driving the car as you had no responsibility for it.
As mentioned, stick to the facts, which in this case are that you haven't got the faintest idea who was driving the car as you had no responsibility for it.
aaron_2000 said:
whilst I was banned for a week for a meme
I presume you mean banned from PH or some other selling website? Without context this is confusing.aaron_2000 said:
, so as far as I know, he doesn't actually know my name as he just turned up and took the car within 2 mins. The woman on the phone said that for the letter to be sent to me, someone had to say it was me and send the letter out stating as much (I assume him).
So first he doesn't know you but then he does know your name?In any event, it doesn't matter, just respond with the facts. No need to embellish with your supposition and supporting evidence at this point. Your lack of control of the V5 ultimately may not help but if you are clear on your position then just state that. They will get to the bottom eventually. If you have his contact details you might want to remind him that a S172 offence is likely to ultimately end worse for him than just fessing up to 36 in a 30.
PhilboSE said:
aaron_2000 said:
whilst I was banned for a week for a meme
I presume you mean banned from PH or some other selling website? Without context this is confusing.aaron_2000 said:
, so as far as I know, he doesn't actually know my name as he just turned up and took the car within 2 mins. The woman on the phone said that for the letter to be sent to me, someone had to say it was me and send the letter out stating as much (I assume him).
So first he doesn't know you but then he does know your name?In any event, it doesn't matter, just respond with the facts. No need to embellish with your supposition and supporting evidence at this point. Your lack of control of the V5 ultimately may not help but if you are clear on your position then just state that. They will get to the bottom eventually. If you have his contact details you might want to remind him that a S172 offence is likely to ultimately end worse for him than just fessing up to 36 in a 30.
BertBert said:
How did he send you a message (on FB?) complaining about the wheel trim without knowing your name?
Bert
As I said, my friend was advertising it for me. My friend then receives the message, and then follows that up by showing me.Bert
BertBert said:
And I'm tempted to ask whether you know that FB isn't actually the real world and the er real world is actually the important bit?
But that would be churlish, so I won't.
Bert
But that would be churlish, so I won't.
Bert
aaron_2000 said:
I think the prick pointed the finger at me
14th Feb to the 22 is a quick turn around. This would mean an NIP & S172 sent to the RK (Scrote?) - S172 completed & returned with your details by them, received & processed by the partnership/police, then a further one sent out to you and received all in 8 days. RTB said:
How did they know who to contact if it has never been registered in your name? Has the scrote pointed the finger at you?
Graveworm said:
14th Feb to the 22 is a quick turn around. This would mean an NIP & S172 sent to the RK (Scrote?) - S172 completed & returned with your details by them, received & processed by the partnership/police, then a further one sent out to you and received all in 8 days.
For a car that OP never owned and was sold within a day having been advertised by a friend and neither the seller nor the buyer got each other's details... 
Centurion07 said:
Graveworm said:
14th Feb to the 22 is a quick turn around. This would mean an NIP & S172 sent to the RK (Scrote?) - S172 completed & returned with your details by them, received & processed by the partnership/police, then a further one sent out to you and received all in 8 days.
For a car that OP never owned and was sold within a day having been advertised by a friend and neither the seller nor the buyer got each other's details... Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff