Sold car then got NIP!
Author
Discussion

GreigM

Original Poster:

6,740 posts

279 months

Friday 4th March 2005
quotequote all
It's for a mate (honestly!!!!!!!!!)

Short version is that he sold a car to some "dodgy looking character" at 10am one morning. He took my advice and got dodgy geezer to meet him at the bank, pay the cash into his account then handed over the keys. Got the V5 form filled out correctly and sent it away.

Now, about a week later he gets a NIP for a speeding offence a good 80 miles away at 12pm.

He has filled in the name/address of the buyer and sent it back.

He's a bit concerned that he ends up having to take the points.

He has:
The signed/dated V5 form for that day (or evidence thereof).
A bank receipt for the deposit of the cash, with time/date for 10am.
5 workmates who are willing to say he was at his desk at 12pm and couldn't have been 80 miles away.

Now, given our current "guilty until proven innocent" system - what kind of hoops will he have to jump through if the other bloke denies it was him, or can't be traced? And what's the chances he will just have to take it on the chin and he will get the 3 points?

He really can't afford to take a day off work to defend himself in court.

Bryan35

1,906 posts

271 months

Friday 4th March 2005
quotequote all
looks like a good comprehensive belt and braces job by your mate.

Fill in the form saying it was him. That's what it asks. They'll then send him an NIP asking who the driver was.

That's how it's set up to work!.

Bit harder if he got the ping while test driving it, but clearly didn't.

What's he worried about?

lanciachris

3,357 posts

271 months

Friday 4th March 2005
quotequote all
Punch your mate in the chops (advice stolen from another thread) for being excessively paranoid / illogical.

Dwight VanDriver

6,583 posts

274 months

Friday 4th March 2005
quotequote all
The problem, if one is to occur, knowing from posts on this site the honesty that these matters are dealt with, will come when, on receipt of 172 form, dodgy character puts the "mates" details down as the driver.

Any further correspondence from SCP will require a letter, together with copy of bank recepit and names of the witness than can vouch.

Otherwise virtually fireproof.

DVD

fishtek69

535 posts

268 months

Friday 4th March 2005
quotequote all
Does the Notice of Intended Prosecution ask if he was the driver at the time? Regardless of whether he was or wasn't (I know he wasn't) he could refuse to disclose whether he was driving or not. Human Rights Act from European Court states its not a necessity to disclose such information, and these laws override British Law. Police try to extract the info from you with threats etc, but ultimately they can't do jack about it.

This should be a last resort, and as your friend had already sold the car on it shouldn't come to this anyway.

My girlfriend's brother sold a car and then started getting NIP's and speeding tickets a week or two later. Police accepted he'd sold the car without any hassle as they couldn't prove otherwise.

GreigM

Original Poster:

6,740 posts

279 months

Friday 4th March 2005
quotequote all
Dwight VanDriver said:
The problem, if one is to occur, knowing from posts on this site the honesty that these matters are dealt with, will come when, on receipt of 172 form, dodgy character puts the "mates" details down as the driver.


Thats what he's worried about - that the other party will point the finger back at him and he has to "prove" somehow that it couldn't have been him.

leosayer

7,829 posts

274 months

Friday 4th March 2005
quotequote all
TBH, he has no way of knowing who the driver is because at the time of the offence, it wasn't his car. I doubt if there's space on the NIP to explain that though!

BliarOut

72,863 posts

269 months

Friday 4th March 2005
quotequote all
GreigM said:

Dwight VanDriver said:
The problem, if one is to occur, knowing from posts on this site the honesty that these matters are dealt with, will come when, on receipt of 172 form, dodgy character puts the "mates" details down as the driver.



Thats what he's worried about - that the other party will point the finger back at him and he has to "prove" somehow that it couldn't have been him.


He has five witnesses stating he was at his desk at the time and a timed bank receipt. Proving it would be easy. Tell him to chill and just name the other driver on the NIP. Job done