Still awaiting photo evidence

[italyciccia76]

I got a NIP dated the 8th November. I sent a letter requesting photographic evidence (recorded delivery the next day) and to date havent received any response. I am worried about the automatic 6 point penalty for not filling in the NIP and sending it back.

What should I do?

Thanks

[SS2.]

italyciccia76 said:

I am worried about the automatic 6 point penalty for not filling in the NIP and sending it back.

It is to your benefit that your photo request was submitted very early, IMO.

If the scammers see fit to supply the photos outside of the 28 day period, and if the photos are necessary to allow (or assist with) identification of the driver, then you would be protected from prosecution for failing to provide (despite late submission of the driver info) by s.172 7(b):

s.172 Road Traffic Act 1988 said:

(7) A requirement under subsection (2) may be made by written notice served by post; and where it is so made—

(a) it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and

(b) the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.

italyciccia76 said:

What should I do?

If you are unable to provide the driver details without first inspecting photographs, then you could always write the scammers a polite reminder.

[italyciccia76]

ok I could do that, I am risking getting myself a heavier penalty by delaying things though? How long does it normally take for them to send a photo?

[Dwight VanDriver]

Remember that SCP, at the Conditional Offer stage, are under no obligation to provide a photo but many do.

Play safe and send a gentle reminder (keep record of requests - it may help you later)

dvd

[erdnase]

Hmm..

I sent back an NIP "identify the driver" form around 5 weeks ago, and have not received a fixed penalty notice or any form of communication from the camera partnership. Is this normal too? Does this have any implications?

Erd

[italyciccia76]

is there a phone no you can call them on to discuss it? I know this is prob a silly question.

[BertBert]

Why do you want a photo? Surely you either know or don't know who was driving? Or are you doing the diligence required under S172?

I am not sure that asking for a photo specifically lengthens the time available for you to respond.

Bert

[italyciccia76]

someone was test driving it at the time

[blueyes]

italyciccia76 said:

someone was test driving it at the time

Probably a valid excuse...BUT you're going to have to back it up with proof of an advert and convince them that you don't have/didn't bother to take ANY details of a total stranger who you allowed to drive your car.

Be careful.

[italyciccia76]

yeah well the problem is the bloke gave me a copy of the insurance document, but didnt buy the car . I sold it the next day to a stranger and once I did I threw the certificate away. What do you think - should I just take the 3 points?

[supermono]

italyciccia76 said:

yeah well the problem is the bloke gave me a copy of the insurance document, but didnt buy the car . I sold it the next day to a stranger and once I did I threw the certificate away. What do you think - should I just take the 3 points?

Beautiful Best of luck, I sincerely hope you get away with it...

SM

[italyciccia76]

i am too scared to go for it

[blueyes]

italyciccia76 said:

yeah well the problem is the bloke gave me a copy of the insurance document, but didnt buy the car . I sold it the next day to a stranger and once I did I threw the certificate away. What do you think - should I just take the 3 points?

Do you remember seeing the scamvan or the gatso flash?
Don't you have ANY details on the driver? A name? Email address? Home address? Phone number (if you called him) on your bill? Nothing????

If you don't you're going to have to have massive balls, stand up in court and try and convince the mags of this. Oh yes, and they've probably heard the story 15 times that day.

[supermono]

italyciccia76 said:

i am too scared to go for it

Well if you've got the advert and DVLA confirm the car was sold the day after your story sounds ok.

In any case, if you don't know who was driving you would be PTCOJ by claiming it was you.

SM

[italyciccia76]

the guy contacted me by email and yes you've guessed it I deleted it ages ago and its not retrievable. I have nothing else. It sounds like I am scamming it I know. he successful buyer did a CHAPS transfer the following day which can be shown by the bank.

[supermono]

italyciccia76 said:

the guy contacted me by email and yes you've guessed it I deleted it ages ago and its not retrievable. I have nothing else. It sounds like I am scamming it I know. he successful buyer did a CHAPS transfer the following day which can be shown by the bank.

The problem is we have to approach these things from the position of being guilty unless we can prove somehow we're not. You're innocent, you have documentary evidence and a story that adds up, surely now the CPS or whoever would have to try and fabricate a case which "proves" your guilt in the face of evidence you hold to the contrary.

I know it's old fashioned, but isn't this still the case? Even today?

SM

[Jasandjules]

italyciccia76 said:

the guy contacted me by email and yes you've guessed it I deleted it ages ago and its not retrievable. I have nothing else. It sounds like I am scamming it I know. he successful buyer did a CHAPS transfer the following day which can be shown by the bank.

I assume he/you registered the change of car? And did you write a bill of sale and keep a copy? (either could/should be signed and dated).

[italyciccia76]

yes we did - evidence that i sold the car the next day isnt a problem