Why is it never straight forward?
Discussion
Last month a mate of mine from Italy popped over to see me on his tour round Europe. Whilst he was here I lent him the use of my car and he managed to get caught by a scamera van which he told me about on his return. He said that when the NIP arrived I was to fill it in with his details and send it back so that he’d deal with it.
Now the BiB have replied asking to get written confirmation from him that he was driving the car, once they have received this it will relieve me of all implications with the speeding ticket. Unfortunately he’s off somewhere round Europe and will be for at least another 3 months without mobile phone or e-mail access.
Can I tell them that as I have already supplied them with the information they should be chasing him themselves rather than me having to deal with the responsibility? If so, are they going to get arsey?
Now the BiB have replied asking to get written confirmation from him that he was driving the car, once they have received this it will relieve me of all implications with the speeding ticket. Unfortunately he’s off somewhere round Europe and will be for at least another 3 months without mobile phone or e-mail access.
Can I tell them that as I have already supplied them with the information they should be chasing him themselves rather than me having to deal with the responsibility? If so, are they going to get arsey?
You have supplied the 'information' required under S172. If they can't find the person named, then it's their problem. They are the police, after all.
So long as the person does exist and won't suddenly say that he/she was not in the country at the time and prove this, then you are ok. If you have given the name of a foreigner to avoid the so-called justice and they find out, then expect about 4 months inside for attempting to pervert the course of justice.
So long as the person does exist and won't suddenly say that he/she was not in the country at the time and prove this, then you are ok. If you have given the name of a foreigner to avoid the so-called justice and they find out, then expect about 4 months inside for attempting to pervert the course of justice.
The obligation on the recipient of a 172 reqyest is to name the driver. This has been done. There is nothing under the Section that the Reg Keeper has to get an signed statement for a driver to that effect.
You will appreciate that by naming someone not now in the Country is a possible fiddle and has been used as such.
What they can do, in these cases, as casual foreign drivers will not possibly be insured, is come back at you to show that the use of the car was covered by Insurance. That could be tricky if you are not covered for 'any driver'.
DVD
DVD
You will appreciate that by naming someone not now in the Country is a possible fiddle and has been used as such.
What they can do, in these cases, as casual foreign drivers will not possibly be insured, is come back at you to show that the use of the car was covered by Insurance. That could be tricky if you are not covered for 'any driver'.
DVD
DVD
AC79xxx said:
Hmmm...
On the original s.172 form, did you give your Italian mate's address, or did you not know it?
As agreed with him, I filled it in with his name and adress.
In which case, you have fulfilled your s.172 obligations. I would expect the police to ask you to provide relevant insurance details, which you really must do (if you can).
You are under no legal obligation to provide a signed statement from your friend.
FFS, next thing you know when you report a burglary they'll tell you they can only investigate if you give them the name and address of the thief and get him to provide a written confession!
Agree with the previous posters. You have done all you need to do and should politely tell them to investigate the matter themselves if they want further details.
Agree with the previous posters. You have done all you need to do and should politely tell them to investigate the matter themselves if they want further details.
Dwight VanDriver said:
The obligation on the recipient of a 172 reqyest is to name the driver. This has been done. There is nothing under the Section that the Reg Keeper has to get an signed statement for a driver to that effect.
You will appreciate that by naming someone not now in the Country is a possible fiddle and has been used as such.
What they can do, in these cases, as casual foreign drivers will not possibly be insured, is come back at you to show that the use of the car was covered by Insurance. That could be tricky if you are not covered for 'any driver'.
DVD
DVD
what if the named individual has comprehensive insurance in their own name which covers them third party to drive a vehicle owned by someone else ?
Indeed you would - as the missus found out to her horror.
Lent car to mate (bran'new 206), came back with boot dents in the door - when car was returned to the lease company a bill was presented for £800.00. Said friend he assumed he was insured on her policy. After much foot shuffling, an admittance that when he said he had insurance, he hadn't, so wasn't insured, and couldn't afford pay. And the insurance has an excess of £1000.00. Not pleasant all round.
Lent car to mate (bran'new 206), came back with boot dents in the door - when car was returned to the lease company a bill was presented for £800.00. Said friend he assumed he was insured on her policy. After much foot shuffling, an admittance that when he said he had insurance, he hadn't, so wasn't insured, and couldn't afford pay. And the insurance has an excess of £1000.00. Not pleasant all round.
gshughes said:
what if the named individual has comprehensive insurance in their own name which covers them third party to drive a vehicle owned by someone else ?
This situation is extremely unlikely as most (if not all) of mainland Europe operates insurance based on the car not the driver. Thus my car is insured and anybody can drive it, similarly I can drive anybody else's car that is insured in this way. Absolutely NOT the case in the UK.
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