nip to the wrong person
Discussion
i have just received a nip for speeding ie 39 in a 30 limit,the good news is i sold the car 2 weeks before.Now in my previous dealings with the f@ckwits at dvla i have learned always to make a copy of anything i have sent them and now,is no exception.My question is this, can i send this nip back with a copy of the log book having been properly filled out by the new owner with section 7 filled in,or do i have to fill out section 5 on the nip and drop him in it.
sassanach0 said:
why should i?
Because you may want to advoid going to court?
Because you may wish to advoid being responsible for the 3 points?
Because you dont want to be found guilty of failing to identify the driver?
Ask the court, Why should I and i suspect they may not take to kindly to it.
Your covered, just fill in the damed form, 30 secs of your time compared to months of hastle.
mds automotive said:
the nip should have a declaration on it that states you were not the owner of the vehicle at the time of the offence ,give the details of the person you sold the vehicle to , and if you want to you can send a copy of the copy you have
But take as long as you can (up to the 28 days) to do so.....
Sean
Dwight VanDriver said:
Yes
dvd
dvd
How far does this obligation go? Normally I'll just take a name and address for the receipt when I sell a car to someone, but if that's false I have no way of knowing nor do I care.
Am I to ask to see a passport and recent utility bills to make sure I'm not being lied to so that I don't get prosecuted for their speeding offence next week?
SM
supermono said:
Dwight VanDriver said:
Yes
dvd
dvd
How far does this obligation go? Normally I'll just take a name and address for the receipt when I sell a car to someone, but if that's false I have no way of knowing nor do I care.
Am I to ask to see a passport and recent utility bills to make sure I'm not being lied to so that I don't get prosecuted for their speeding offence next week?
SM
Good questions! And don't forget that if you take more than £5k (?) you have to declare it for money laundering purposes. Or is that just companies and banks? I get confused at all the regulations I'm meant to know about and for which ignorance is no defence.
The only way they get publicised seems to be on the news once or twice just before they're brought in, and if you miss it that's it. Is there a nice website that lists all the laws we're meant to know about? Or even one that lists those brought in over the last 5 years, say? Can I ask my MP for a list?
supermono said:
Dwight VanDriver said:
Yes
dvd
dvd
How far does this obligation go? Normally I'll just take a name and address for the receipt when I sell a car to someone, but if that's false I have no way of knowing nor do I care.
Am I to ask to see a passport and recent utility bills to make sure I'm not being lied to so that I don't get prosecuted for their speeding offence next week?
SM
well, they have changed the V5 to put the onus of change of ownership onto the seller rather than the buyer - thus avoiding the common practice of people buying cars, and then not registering them/taxing etc..
The fact is, if you sell someone your car, it is your responsibility to provide these details to the DVLA, and in the OP circumstances, the police.
Of course, they could provide false information, which you have no control over - myself i took the buyers driving license and copied the details onto the reciept - including his driving license number.
Sure it could be a fake - but ive shown due-dilligence from my side, so have no legal problems should it have been fake... whereas not asking for any form of ID and just taking their word for it could be an issue.
With regards to cash payments, you shouldn't really deal in cash higher than £5,000 unless you report the transaction to the banks. Some franchised dealers won't deal in cash now for this reason. Best way is to arrange a direct transfer between accounts prior to the sale. This can always be reversed if the buyer backs out.
wanty1974 said:
With regards to cash payments, you shouldn't really deal in cash higher than £5,000 unless you report the transaction to the banks. Some franchised dealers won't deal in cash now for this reason. Best way is to arrange a direct transfer between accounts prior to the sale. This can always be reversed if the buyer backs out.
really?
I sold my car for 6500 cash - he got it out of his bank, i paid it into mine with no problems??
fidgits said:
Of course, they could provide false information, which you have no control over - myself i took the buyers driving license and copied the details onto the reciept - including his driving license number.
But what's the legal minimum I have to do? I'd certainly not give you or any other private individual details like this just because I was buying a car off you. Instead I'd think you were just some do-gooder DVLA appeaser and shop elsewhere if necessary.
When I write this receipt I'll ask the people who they are and take that on face value. Isn't that due diligence? Or are we all now Her Majesty's Goverment spies?
SM
supermono said:
fidgits said:
Of course, they could provide false information, which you have no control over - myself i took the buyers driving license and copied the details onto the reciept - including his driving license number.
But what's the legal minimum I have to do? I'd certainly not give you or any other private individual details like this just because I was buying a car off you. Instead I'd think you were just some do-gooder DVLA appeaser and shop elsewhere if necessary.
When I write this receipt I'll ask the people who they are and take that on face value. Isn't that due diligence? Or are we all now Her Majesty's Goverment spies?
SM
Its up to you - if your a freak walking around with tinfoil on your head i probably wouldnt sell you a car anyway...
The fact is, we put both sets of details on the receipt for legal reasons - so if one of us had an issue the details were there in black or white - as for due dilligence, who cares, i had a signed receipt so i wasnt responsible for any speeding tickets he picked up, period!
fidgits said:
Its up to you - if your(sic) a freak walking around with tinfoil on your head i probably wouldnt(sic) sell you a car anyway...
The fact is, we put both sets of details on the receipt for legal reasons - so if one of us had an issue the details were there in black or white - as for due dilligence, who cares, i had a signed receipt so i wasnt responsible for any speeding tickets he picked up, period!
The fact is, we put both sets of details on the receipt for legal reasons - so if one of us had an issue the details were there in black or white - as for due dilligence, who cares, i had a signed receipt so i wasnt responsible for any speeding tickets he picked up, period!
Well I'm not paranoid but it's only sensible not to give away private information to just anybody simply because they ask for it.
The receipt is for legal reasons, but is the driving licence for legal reasons too or simply a plan you've come up with?
SM
supermono said:
fidgits said:
Its up to you - if your(sic) a freak walking around with tinfoil on your head i probably wouldnt(sic) sell you a car anyway...
The fact is, we put both sets of details on the receipt for legal reasons - so if one of us had an issue the details were there in black or white - as for due dilligence, who cares, i had a signed receipt so i wasnt responsible for any speeding tickets he picked up, period!
The fact is, we put both sets of details on the receipt for legal reasons - so if one of us had an issue the details were there in black or white - as for due dilligence, who cares, i had a signed receipt so i wasnt responsible for any speeding tickets he picked up, period!
Well I'm not paranoid but it's only sensible not to give away private information to just anybody simply because they ask for it.
The receipt is for legal reasons, but is the driving licence for legal reasons too or simply a plan you've come up with?
SM
It was what we agreed to.
For me, it seemed easier for me to fill in the V5 form having something to copy from, plus it gave me peace of mind, considering i was handing over my car in exchange for a lump of cash, seeing at least a form of Identifcation, rather than going purely on 'feel'.
For the receipt, it made sense for both our names and addresses to be on it - and the buyer suggested adding the driving license numbers, which seemed a perfectly reasonable idea.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff



